Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, October 8, 2007 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
James H. White, Sr.
Joyce V. White
Joseph M. Horvath
Stephen C. Wagner (via speaker phone for portion of meeting)

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Trent Sear, Zoning Officer
Jeffrey Dimmich, Township Solicitor
Dennis Harman, 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
None

CHAIRMAN’S REMARKS
Chairman Gutzmirtl commented on the Township Newsletter released the prior week that focused on volunteering and the urgent need for volunteers in the fire department. He also thanked two residents, David and Jane Heater, who volunteered to come in and place address labels on the Newsletters so that they could be mailed out in a timely fashion.

SUBDIVISIONS AND LAND DEVELOPMENTS
Wunderler Minor Subdivision – Resolution No. 2007-38
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2007-38 conditionally approving the Preliminary/Final Minor Subdivision Plan of Wunderler Family Trust for a two lot residential subdivision on 9.1 +/- acres at 5385 Spring Drive.

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

PRESENTATIONS
None

MINUTES
None

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2007-34 – Tax Exempt Financing for Capital Projects at DeSales University
A motion was made by Mr. Horvath and seconded by Mr. White to adopt Resolution No. 2007-34 approving the use of tax exempt financing for various capital construction projects at DeSales University. It was noted, however, the approval was given by the Township as the host community of the University’s proposed capital projects, and the obligations to be issued would not constitute a debt or obligation of the Township.

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

MOTIONS
Release of Funds – Weber & Dale Tracts Subdivision (a/k/a Whispering Pines) – Certification No. 6
A motion was made by Mr. White and seconded by Mrs. White to authorize the release of construction security in the amount of $400,612.58 for the Dale & Weber Tracts Subdivision in accordance with the Township Engineer’s recommendation made by letter dated September 12, 2007.

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

Release of Funds – Weber & Dale Tracts Subdivision (a/k/a Whispering Pines) – Certification No. S-1
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $485,411.02 for the Dale & Weber Tracts Subdivision in accordance with the Township Sewer Engineer’s recommendation made by letter dated September 19, 2007.

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

Request for Payment – Asphalt Maintenance Solutions, LLC – Certification No. 1 (Final)
A motion was made by Mr. Horvath and seconded by Mr. White to authorize final payment in the amount of $32,571.94 to Asphalt Maintenance Solutions, LLC for crack sealing and seal coating work on various Township roads.

Mr. White pointed out the project was completed for twenty percent below the amount originally quoted.

Mrs. White asked if the maintenance bonds had been reviewed, to which Attorney Dimmich replied, yes.

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

Request for Payment – Asphalt Paving Systems, Inc. – Certificate No. 1 (Final)
A motion was made by Mr. White and seconded by Mrs. White to authorize final payment in the amount of $30,828.75 to Asphalt Paving Solutions, Inc., for micro-surfacing applications on various Township roads.

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

Request for Payment – Barry J. Hoffman Company, Inc. – Certification No. 3
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment in the amount of $5,985.00 to Barry J. Hoffman Company, Inc., for work completed on the installation of a new emergency generator at the Wastewater Treatment Plant.

Mr. White requested a breakdown of the total cost of the emergency generator.

Chairman Gutzmirtl also requested a copy.

Both will be supplied the information at a later date and time.

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

CORRESPONDENCE AND INFORMATIONAL ITEMS
Letter from Eastern PA EMS Council
Chairman Gutzmirtl reviewed a letter from the Eastern PA EMS Council inviting Supervisors to attend an information meeting regarding regionalization of ambulance providers in southern Lehigh County. He said he would like to attend along with Mr. Beil.

DIRECTION / DISCUSSION ITEMS
Future Recreation Projects
Three members of the Park and Recreation Commission, Mary Rockel, Chair, William Lycett, Vice Chair, and Heather Scattergood, were present at the meeting to discuss the following projects:

• Proposed recreation facilities on Curly Horse open space property
• Proposed recreation facilities on former Benckini/Bauder Tracts
• Proposed tot-lot on south side of Township Park
• Replace trash receptacles at Township Park
• Request by Kiwanis Club to place vending machines near concession stand at park

Mr. Beil explained the purpose behind the presentation was to gather feedback from the Board on how to proceed with each of the projects listed. He began with the concept plan devised for the Curly Horse open space property. He said the site posed several challenges, such as access and the existence of high tension wires, as well as wetlands and streams. Aside from those issues, concerns had been expressed by the School District that any development of the property could interfere with future expansions of the adjacent elementary school. However, taking all of those factors into consideration, the concept plan proposed, among other things, a skate park, three pavilions, tennis courts, soccer fields, baseball fields, and an ice skating/street hockey rink with trails extending from streets and cul de sacs into natural areas.

In an effort to keep the School District up to date, Chairman Gutzmirtl asked that Mr. Harman, the Township Engineer, make a presentation of the concept plan to the School Board.

Mr. Beil reminded the Board that the project could be completed in phases.

Attorney Dimmich asked if a study had been done to establish the amount of parking required for the various types of facilities.

Mr. Beil said there would be twenty parking spots to start, but as the facilities expanded, additional spaces would be required.

Mr. Harman said the additional parking had already been included on the map, but the true number of spaces that would be required would depend on the extent of the School District’s cooperation and assistance.

Mr. Beil also advised the Board to evaluate whether the Curly Horse open space area was going to be the community park in the western portion of the Township or if there was another location they would like to consider. If this area was not going to serve as the community park in the western portion of the Township, the Board must then decide whether they want to devote such a large sum of money toward an area that won’t serve as a community park.

Chairman Gutzmirtl said he did not expect the property to serve as a community park, but that it should at least be developed for passive recreation instead of sitting dormant. He suggested a few active recreational facilities be developed at some point.

Mr. Beil outlined a potential four phase plan, providing details with respect to what each phase would entail and the estimated cost to complete each phase.

Chairman Gutzmirtl was pleased with the idea of spreading the cost over time.

Mr. Harman said not only were the phases meant to spread the cost out over time, they were designed to avoid disturbing the park every year in the same area, which would impede its use.

Mr. Horvath asked if the concept plan would change if the School District chose not to cooperate, to which Mr. Beil replied, yes.

Mrs. White asked if the School District was amicable to the Township gaining access to the Curly Horse property through the School District’s access road.

Mr. Beil responded the School District had not committed to anything. With that in mind, he asked the Board for direction with regards to the project.

Mr. White wanted to see the property developed for passive recreation at least until issues involving the School District were resolved.

Chairman Gutzmirtl thought Mr. White’s idea to start with passive recreation uses was a good one, but admitted he wanted to see some all-purpose fields and active recreational facilities added later on.

The consensus of the Board was to initially develop the Curly Horse open space property for passive recreation, then add more active recreational facilities as matters involving the School District were resolved.

The second project, Mr. Beil told the Board, would be located near the existing Township Park and would include a parking area with access to Preston Lane, walking trails, a basketball court, four tennis courts, a bridge over the Saucon Creek for pedestrians, a skate park, and two pavilions. In addition to the recreational facilities, restroom could be considered in the old house on the property depending on its condition. Mr. Beil noted the location, number, and type of facilities installed were impeded by the wetlands on the Benckini tract and may have to be revised because of the flood plain on the Bauder tract. Mr. Beil also explained a particular scenario that would swap the location of the skate park with the parking lot location. If that were to happen, he said, the area would share the parking with the Copperhead Grille.

Mr. White said the priority on the Bauder tract was to install two soccer fields.

The members of the Park and Recreation Committee agreed.

There was a short discussion involving Mr. Horvath, Mrs. White, Mr. Beil, and Mr. Harman about how the Bauder tract would have to be altered to accommodate two soccer fields.

Mr. Beil said the items that would have to be revisited for further discussion were the possible shared parking between the developed Benckini/Bauder tracts and the Copperhead Grille, the type of facilities the Board would like to see installed, a potential phasing schedule, and the budget items that need to be considered for inclusion in the 2008 budget.

The third project discussed was the installation of a tot-lot on the south side of the Township Park. Mr. Beil reviewed the two potential sites for the tot-lot. The first site, chosen by staff, was east of the parking area, while the second site, chosen by the Park and Recreation Commission, was west of the parking lot. Mr. Beil said both locations had its own safety concerns.

A lengthy debate ensued over the most appropriate location for the tot-lot, where both sides produced sufficient reasons for their location. The debate initiated comments from Chairman Gutzmirtl that showed his concern over the facility no matter where it was located.

Mr. Horvath said without information on what additional safety measures were available, he could not make a decision on the location.

The consensus of the Board was to further evaluate the tot-lot location issue and be in a position to make a decision at the next Board of Supervisors meeting.

Mr. Beil and Mr. Kassel reviewed the prices associated with the replacement of the trash receptacles in the Township Park. In total, the Township would pay $4,583.88 for twelve  receptacles.

Mr. Horvath asked what the life span of the receptacles was, to which Mr. Kassel replied ten to twelve years.

A motion was made by Mr. White and seconded by Mr. Horvath to purchase twelve trash receptacles to be used in the Township Park from the State contract for a total price of $4,583.88 or $381.99 per receptacle.

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

Mr. Beil reviewed a request by the Kiwanis Club to place vending machines next to the existing concession stand. The profits from the machines, he said, would be split with the Township. The Township staff, Mr. Beil told Board members, was not in favor of granting the request due primarily to the visual impact of the vending machines.

The Park and Recreation Commission had no objection to granting the request.

Mr. White suggested starting with one machine to see how it worked out.

Chairman Gutzmirtl said he would have to see the machines to be used before making his decision. He did fear, however, the machines would become a target for vandals.

The consensus of the Board was to table the matter until more information could be obtained by the Kiwanis Club.

The Board’s conversation then returned to the need for additional active recreation fields brought up during the review of the first and second projects. A long discussion took place involving Mrs. Rockel and Mr. Lycett, Chairman Gutzmirtl, Mr. Horvath, and Mr. White, as well as Mr. Beil and Mr. Kassel. They discussed the number of teams in various sports organizations, such as soccer, baseball, softball, and lacrosse, that were in need of additional fields and the number of fields needed in the future.

Following that discussion, Mr. Beil requested that the Board provide him with an idea of how they would like to prioritize the projects presented that night, so that they could be incorporated into the 2008 preliminary budget.

It was the consensus of the Board to construct two new playing fields on the Bauder tract at the southeast corner of Old Bethlehem Pike and Preston Lane and to make contact with the School District to discuss access to the Curly Horse property.

Zoning Hearing Board Agenda – October 15, 2007
Mr. Sear reviewed the appeals on the October 15, 2007 Zoning Hearing Board Agenda.

It was decided, by consensus, the Board would not intervene in any of the appeals.

Zoning Hearing Board Decision Granting Approval for a Billboard at 2796 Pike Avenue (Zoning Hearing Board Docket No. 2005-20)
Attorney Dimmich reviewed the situation and explained the thirty day deadline for appeal.

Mr. Beil said only ten days were left to appeal the decision.

Mrs. White inquired as to what this matter has cost the Township to date.

Mr. White estimated the Township had spent close to $40,000, and he was against proceeding with an appeal.

Mr. Horvath was concerned about the impact the decision would have on the Township if it was not appealed.

Mrs. White commented there were no other pieces of property like the one related to this case in the rest of the Township, so the decision would have little to no effect. Besides, she said, she couldn’t see the new billboard making much difference, since there were already several others in that location and would only be advertising a group of nursing homes.

Chairman Gutzmirtl did not agree saying the billboard does matter to those living in that vicinity where they are dealing with multiple billboards in a one-quarter mile area. He also pointed out that the leg work necessary to take the matter to the next level had already been completed, and he was willing to go to the next step for residents of that area. Chairman Gutzmirtl was in favor of the appeal.

Mr. Horvath agreed saying since we have come this far, it made sense to continue with the appeal.

Since it was apparent that a vote would result in a split decision, Chairman Gutzmirtl directed Mr. Beil to contact Mr. Wagner for phone vote.

Attorney Dimmich verified that a phone vote could be done because it had previously been authorized by the Board.

While Mr. Beil was contacting Mr. Wagner, the Board moved on to the next agenda item.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #09252007 dated 10/05/2007……….$598,819.12
Warrant List #09252007 dated 10/05/2007……………….$464,912.65

A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment of the Prepaid Invoice List and Warrant List #09252007 dated 10/05/2007.

Mr. White had one question, which was answered promptly by Mr. Kassel.

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

Contact had then been made with Mr. Wagner. He was briefed on the situation and the opinions of each of his fellow Board members before any action was taken.

A motion was made by Mr. Horvath and seconded by Mr. Wagner to authorize the Township Solicitor to appeal the decision of the Zoning Hearing Board relative to the application of Abraham Atiyeh and Linden Street Warehouse, Inc., at Docket No. 2005-20.

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

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

The motion carried by a vote of 3 to 2.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Bob Tettemer - Glen Road – Mr. Tettemer praised Mr. Beil, the members of the Park and Recreation Commission, and the Board of Supervisors for effectively communicating future park projects to the public.  He also thanked them for the presentation that was given that night, because he felt it gave the public a good idea of what was going on in the Township’s park system.

Judy Zabrecky  - 6948 Wards Lane – Mrs. Zabrecky came before the Board to address two related issues concerning a basketball pole and net that was recently installed on her property. The first issue was the lack of a permit or an ordinance on the Township books governing the installation of a basketball pole and net.

The second issue Mrs. Zabrecky wanted to discuss was the fact that the basketball pole and net on her property was being cited as a violation of the Township’s Zoning Ordinance.

Attorney Dimmich explained the zoning issue was not with the pole and net. Instead, the issue was with the macadam area installed in front of the house. He said installing the macadam caused the Township’s Zoning Officer to designate the area an accessory structure; and since the Board could not overrule the Zoning Officer’s decision, Mrs. Zabrecky would have to file an appeal to be heard by the Zoning Hearing Board.

Mrs. Zabrecky did not understand why her pole and net are any different than the others she had seen in the Township. She also claimed that she was denied access to the map that was used to determine that her property contained steep slopes.

Attorney Dimmich responded saying the map she spoke of only showed areas in the Township with the potential for steep slopes. It was up to the property owner, he said, to show steep slopes do not exist on their particular property.

Mrs. Zabrecky felt the $350 fee required to file a zoning appeal was unfair, and she should not be asked to defend herself as a taxpayer and a homeowner. In addition, she accused the Township of using the steep slope map as a zoning overlay.

Mr. White had seen the site and did not believe it should be considered an accessory structure and asked if the steep slope maps could be made available to Mrs. Zabrecky.

Mr. Beil said he would make them available the following day.

Attorney Dimmich pointed out that Mrs. Zabrecky, having been familiar with the ordinances of the Township, was aware of the problem before the basketball court was installed and moved ahead with the project anyway.

Chairman Gutzmirtl concluded the discussion telling Mrs. Zabrecky he was disappointed with the way she had gone about her project.

GRIEVANCE HEARING – AMY HAWK – PAYMENT FOR WAIVING MEDICAL COVERAGE
Attorney Dimmich summarized the circumstances that led to the need for a grievance hearing. Under the Township’s health insurance program, a provision existed that would pay employees an additional $200 a month if they waived their coverage because they were covered by other insurance. Mrs. Hawk was denied the additional pay after marrying a fellow officer and being placed under his family coverage. Mrs. Hawk filed a grievance, which was denied. She then appealed that decision to the Board of Supervisors resulting in the grievance hearing being held that night.

Amy Hawk’s Position
Mrs. Hawk was represented by Aaron Maslonka, President of the Township’s Police Officers’ Association. Mr. Maslonka said Mrs. Hawk was entitled to receive the additional $200 a month since she waived her coverage as required by the contract. The contract, he asserted, contained no provision mandating an outside carrier be obtained, but only that proof of coverage through a spouse be provided. He argued it was discriminatory to deny her the $200 because she married within the bargaining unit and was now being covered by the Township under her husband’s family policy. Furthermore, he claimed the Township was actually saving money by Mrs. Hawk switching to her husband’s family plan, since if she remained on her own individual plan, the Township would pay for coverage for her and her husband through her “family” plan, as well as coverage for Mr. Hawk and his children through his “employee/children” plan. Additionally, Mr. Maslonka supplied the findings from a similar case in Wilkes-Barre, as further support for Mrs. Hawk’s request.

The Township’s Position
Mr. Kassel presented the Township’s position to the Board, which began with a brief history of medical benefits within the Township. He then explained how the “waiver of coverage” clause came to fruition through a proposal by the Township’s Police Association at the last contract negotiation as a cost saving benefit to the Township. The Township was amicable to the proposal with the intent that it would be used to save the Township money. In the case of Mrs. Hawk, Mr. Kassel said, the Township would actually pay more, since not only was her husband adding her to his coverage, but the plan was being upgraded as well. Then on top of that, they expect the Township to pay the additional $200 per month. Another point Mr. Kassel made was the contract language referred to the word “waive,” and what was being requested by Mrs. Hawk was not a waiver by definition. In regards to the Wilkes-Barre case, Mr. Kassel said there was no language in the contract, so the findings were based on past practice. In the Township, there was no past practice in play and clear contract language existed, so the Wilkes-Barre case was irrelevant.

Board Discussion
Mr. Horvath noted that the contract specifically said the additional $200 per month would be paid for waiver of coverage. He believed Mrs. Hawk did not waive her coverage, but essentially changed the coverage classification and was therefore ineligible for the $200 per month payment.
Attorney Dimmich made it clear there was a significant difference between the word “waive,” which was used in the contract, and the words “opt-out,” which was the language used in the Wilkes-Barre case.

Mr. Maslonka acknowledged the language was different, but argued that the intent was the same.

Chairman Gutzmirtl disputed that comment saying the intent was to save the Township money, and he did not feel that Mr. Maslonka had effectively proven the Township would see a cost-savings by granting Mrs. Hawk’s request.

Mr. White asked about the different ways insurance plans were designated.

Attorney Dimmich replied most carriers provided three plans, one for single members, one for single members with children, and one for families.

There was a brief discussion regarding the various types of coverage and plans offered by the Township, the different policies related to each, and the variety of options available to the Hawks.

EXECUTIVE SESSION
The Board met in an executive session to further discuss the grievance filed by Township Police Officer Amy Hawk. 

Attorney Dimmich said the Board would announce its decision on the Hawk grievance at its next regularly scheduled meeting.

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

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

                                                                       
Secretary