Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, October 9, 2006 - 6:00 p.m.
Township Municipal Building

Members Present:
Stephen C. Wagner, Chairman
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
Jeffrey Dimmich, Township Solicitor
Dennis Harman, P.E., Township Engineer

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

MOMENT OF SILENCE
Chairman Wagner asked all in attendance to observe a moment of silence in memory of those affected by the Nickel Mines Amish School tragedy.

PUBLIC HEARINGS
None

PUBLIC COMMENT
Public Comment is summarized as follows:

Donna Martonik - 5110 Adriana Court and Shannon Phillips – 5115 Adriana Court – Mrs. Martonik and Mrs. Phillips had come to the Board, as they had in the past, regarding the drainage swale that runs adjacent to their homes. They were concerned about the safety of the swale because the bottom was lined with large jagged rocks. Since the last time they came before the Board, plans had been drafted at a meeting between the two women, Mr. Beil, and the Township Engineer, that would replace the rocks with grass. Mrs. Martonik explained they were now coming before the Board to request permission to have the contractor they hired perform the work. They also asked if the Township would be willing to absorb the cost for the engineering services performed by the Township Engineer since they were absorbing the cost for the contractor’s services.

A motion was made by Mr. Gutzmirtl and seconded by Mr. White to allow the rock-lined drainage swale through the properties at 5110 and 5115 Adrianna Court to be converted to a grass swale, subject to the property owners assuming all costs associated with removing the existing rocks and constructing the new grass swale. 

It was the consensus of the Board that the engineering fees associated with designing and reviewing the proposed swale conversion would be borne by the Township. 

Mr. Harman voiced concern, however, over when the work would begin because if started too late, any small setback could prevent the establishment of turf on the bottom of the swale due to the onset of winter weather. In that case, the swale would have to be reseeded in the spring and create additional cost for the residents.

Mrs. Martonik said she hoped to have the work begin the following week.

The motion carried by a vote of 5 to 0.

Katharine Watt – 1337 E. 5th Street, Bethlehem – Lehigh Valley Coalition on Affordable Housing – Ms. Watts came before the Board to request a contribution of approximately $11,205 from the Township for the Municipal Funds Appeal, which helps support the nine (9) homeless shelters in the area. She said it is her organization’s belief that all the municipalities in the Lehigh Valley should share in the cost of homelessness. She continued by detailing the average cost of renting a two bedroom apartment in the area as compared to the current minimum wage and the services and programs offered by the shelters. Ms. Watt then provided the Board with how the contribution amount was calculated using the population of the municipality, as well as the per capita income.

Chairman Wagner asked how much the Township contributed last year.

Mr. Beil said the Township did not contribute to this organization in the prior year.

Chairman Wagner requested Ms. Watt provide the Township with a list of what other municipalities had contributed.

Ms. Watt agreed to provide the information requested.

Lloyd Ohl – 6113 Limport Pike – Mr. Ohl spoke in favor of proposed Ordinance 139.  

EXECUTIVE SESSION
An Executive Session was held at this time to discuss pending litigation.

SUBDIVISIONS AND LAND DEVELOPMENTS
None

MINUTES
Reorganization Meeting of January 3, 2006
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to approve the minutes of the reorganization meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

Regular Meeting of January 9, 2006
A motion was made by Mr. Horvath and seconded by Mr. Gutzmirtl to approve the minutes of the January 9, 2006 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

COMMITTEE REPORTS
None

ORDINANCES
Proposed Ordinance No. 139 – Tax Millage Rate Freeze for Permanently Preserved Farmland
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to adopt proposed Ordinance No. 139 freezing the millage rate for certain properties preserved through the Lehigh County Agricultural Conservation Easement Program.

Mr. White was glad Upper Saucon Township will follow in the footsteps of Lower Milford, Lehigh County, and the Southern Lehigh School District who had already taken similar action.
 
The motion carried by a vote of 5 to 0.

RESOLUTIONS
Resolution No. 2006-51 – Lehigh Valley Hazard Mitigation Plan
A motion was made by Mr. Gutzmirtl and seconded by Mrs. White to approve Resolution No. 2006-51 adopting the Hazard Mitigation Plan Lehigh Valley, PA dated July 2006.

Mr. White questioned if areas that are subject to flooding could be added to the current list of eleven (11) locations identified in the plan, and how the Township would go about doing so. In particular, Mr. White said he was interested in adding East Valley Road where it crosses over Saucon Creek.

Mr. Beil replied that while unlisted properties could be added when regular updates occur, the location Mr. White spoke of was already listed on page 104 of the plan.

Mr. White also inquired about the information presented on page E2 titled “Mitigation Actions,” and how it pertained to the Township.

Mr. Beil said he would obtain a full explanation of that page and get back to Mr. White with his findings.

The motion carried by a vote of 5 to 0.

MOTIONS
Penn’s View South Water Agreement
Mr. Beil provided the Board and members of the public with the background on the agreement and a brief description of the agreement’s contents. He said that not only will the developer make a contribution to future improvements of the water system, he also agreed to pay the water tapping fees up front, as well as make additional improvements to the existing water system.

Mr. Harman said the developer would be installing a pressure reducing valve that will help to elevate and sustain water pressure in this area of the Township.

Mrs. White said the Public Works Committee recommended approval of the agreement. She added that the developer would be making approximately $25,000 in improvements to the Township’s water system.

A motion was made by Mrs. White and seconded by Mr. White authorizing the Township Manager to execute the Water Agreement with Omega Homes, whereby the Township agrees to certify the availability of municipal water for the Penn’s View South Subdivision and the developer agrees to make a contribution towards future water system improvements.

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

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

The motion carried by a vote of 5 to 0.

Request by McGrath Homes for a Hearing on the Act 537 Special Study for the Locust Valley Singles Subdivision
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath authorizing the Township Manager to issue a letter denying the request of McGrath Homes for a hearing before the Board of Supervisors concerning the Act 537 Special Study recommending “no action” as to McGrath’s request for revisions to the Township’s Official Sewage Facilities Plan.

Mr. White asked Attorney Dimmich what the next step would be if the motion to deny was approved.

Attorney Dimmich said there were several options. McGrath could give up, they could file a private request with DEP, or they could make an objection to the denial in the Court of Common Pleas in an attempt to have the Court order the Township to hold the hearing. It was Attorney Dimmich’s legal opinion that it was only in the Board of Supervisors’ power to accept or deny the request for a hearing and that any change to the Act 537 Plan would have to be done by DEP.

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

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

The motion carried by a vote of 4 to 1.

PRESENTATIONS
Chris Gibbons – Concord Finance
Mr. Beil provided the Board and members of the public with background on how this presentation came about. The Open Space Committee is investigating the possibility of borrowing funds to preserve open space in the Township and is interested in obtaining debt service information with respect to different borrowing amounts.

Mr. Gibbons explained in depth the handout provided to Supervisors showing three (3) different borrowing options with different terms for a borrowing amount of eight (8) million dollars. He provided the amortization for each term, the interest rates that were used to calculate each option, the payment structure for each option, and the time restrictions related to the use of the borrowed funds.

Attorney Dimmich stressed to the Board that before the money could be borrowed, the Township would have to specifically identify properties that they intend to purchase with those funds. Therefore, he said the first step would be to devise a prioritized list of properties that Township would like to acquire.

Mrs. White believed the Township should first ask residents if they want to spend tax money on open space.

As for the residents’ opinion on open space preservation, Mr. Gutzmirtl said he felt the consensus was made clear by the last election where those running on an open space platform were the ones elected to serve on the Board. Additionally, he said, Township Staff has already begun identifying and prioritizing tracts of land across the Township suitable for open space preservation. And furthermore, he contended, an ordinance would soon be coming in front of the Board for approval establishing a council dedicated solely to open space preservation.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Letter from Coopersburg Fire Chief
The Board reviewed a letter from the Coopersburg Fire Chief requesting an increase in the Township’s yearly financial contribution to the Coopersburg Fire Department. The letter was provided for information purposes only, and the matter would be revisited during 2007 budget discussions.

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #10092006 dated 10/06/2006……..$281,998.80
Warrant List # 10092006 dated 10/06/2006…………… $1,211,700.98

A motion was made by Mrs. White and seconded by Mr. Gutzmirtl to authorize payment of the Prepaid Invoice List and Warrant List #10092006 dated 10/06/2006.

Mr. Horvath had a question regarding one large invoice, which was answered by Mr. Beil and Mr. Kassel.

Mr. White also had questions regarding several invoices, which were answered by Mr. Beil and Mr. Kassel.

Mr. Gutzmirtl asked about the payments made to the Volunteer Fire Company, and Mr. Kassel provided an explanation of each invoice.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Speed Hump Update
Mr. Beil told the Board that work on the speed hump installation on Whitetail Drive has been completed.

New Dump Trucks
Mr. Beil provided the Board with information about the three (3) new dump trucks received by the Township.

COURTESY OF THE FLOOR
Vito Polsinelli – Griesemer-Polsinelli, LLC – Mr. Polsinelli inquired about a document he forwarded to the Township that needs to be signed in order for his company to obtain a Highway Occupancy Permit.

Mr. Beil addressed the matter saying he was reviewing the document and believed that it would not have to come before the Board for approval.

Mr. Arlen Schantz – Lower Milford Twp. Supervisor – Mr. Schantz thanked the Board for passing Ordinance 139 and said he was happy to see the Township being proactive.

Bob Tettemer – Glen Road – Mr. Tettemer commented on open space in the Township. He is opposed to the Township acquiring land for open space without first asking the public if they are in favor of doing so.

Mrs. White agreed with Mr. Tettemer saying she does not think that the Township should be buying land for the sake of buying land. The public should be consulted first.

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary