Welcome to Upper Saucon Township

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, October 13, 2008 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, Vice Chairman
John E. Gilda, Jr.
Joyce V. White

Participating:
Joseph M. Horvath
Via Speakerphone

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Thomas Dinkelacker, Township Solicitor
Dennis Harman, P.E., 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.”

Gail Bixel Nagy – 6834 Passer Road – Mrs. Bixel Nagy owns a farm on Passer Road that the railroad tracks run through. She and her brother Meryl Bixel are concerned about how the Rails-To-Trails project might affect their land. They have several historic buildings that exist on their property and they fear the properties will be tampered with by the public as they pass through on the trail.

Chairman Gutzmirtl reminded Mrs. Bixel Nagy that the rail lines are the property of SEPTA even though they run through her farm land.

Meryl Bixel – 233 Erie Avenue, Quakertown – Mr. Bixel’s concern was trespassers that may stray from the trail onto the farm property and tamper with the buildings and equipment.

Chairman Gutzmirtl assured Mrs. Bixel Nagy and Mr. Bixel that as the project moves forward, reasonable safeguards would be discussed and put in place to protect all landowners along the Rails-To-Trails system.

Mrs. Bixel Nagy asked if she and her brother would be notified when such discussions are set to take place.

Chairman Gutzmirtl replied yes, they would be notified prior to the meeting to allow them to participate. He asked Mr. Beil to make a list of residents with concerns, such as Mrs. Bixel Nagy and Mr. Bixel, so that each could be notified when a meeting was scheduled.

Jim Orlando – 6345 New Street – Mr. Orlando was concerned about the proposed Rails-To-Trails project. He explained that the abandoned rail bed is elevated along the rear of his property and was convinced that trail-goers would be able to see into the second story of his home and look down onto his patio. Mr. Orlando said he and his family were not opposed to the project, but instead had some suggestions that they would like considered as the project moves forward. In addition, he feared college students would act irresponsibly, recklessly, and even illegally while using the trail as an access way to and from other areas, and ATV and snowmobilers would use the trail disrupting the adjacent homes at all hours.

Chairman Gutzmirtl said reasonable safeguards will need to be put in place to alleviate the impact on the property owners along the trail.

Mr. Orlando responded to the Chairman’s comments by asking if the project would go before the public through a referendum question.

Chairman Gutzmirtl said no, a referendum question would not be used. Since Supervisors were elected to represent the residents, he continued, it would be approval through a vote by the Board.

Mr. Orlando understood the project would benefit the Township financially and recreationally, but felt the Supervisors did not realize the negative impact that the trails would have on those that live along it.

Chairman Gutzmirtl then shared some of the findings of a study done by Penn State University regarding the affects of Rails-To-Trails systems in various communities.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl mentioned the Open Space and Natural Resources referendum on the November 4, 2008 ballot. He explained the only way to preserve natural vistas and help moderate growth was to vote “yes” to the referendum.

RECOGNITION OF DANIEL A. GREKULA FOR ATTAINING THE RANK OF EAGLE SCOUT – RESOLUTION NO. 2008-31
Chairman Gutzmirtl asked Mr. Grekula to briefly describe his Eagle Scout project.

Mr. Grekula told the Board he built three picnic tables and weatherproofed the new pavilion at Camp Serranova to obtain his Eagle Scout status.

A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Resolution No. 2008-31 recognizing Daniel A. Grekula for the tremendous honor he has brought to his family, Troop, and community by attaining the Rank of Eagle Scout.

FIVE MINUTES RECESS
The Board took a brief recess before proceeding with the agenda.

SUBDIVISIONS AND LAND DEVELOPMENTS
North 40 Estates Subdivision – Resolution No. 2008-12
This item was removed from the agenda.

MOTIONS
Request for Payment – Structural Maintenance Systems, Inc. – Certification No. 1
A motion was made by Mr. Wagner and seconded by Mr. Gilda to authorize payment in the amount of $31,792.50 to Structural Maintenance Systems, Inc., for repair work completed on the Secondary Clarifier at the Sewage Treatment Plant.

Request for Payment – Suburban Water Testing Labs, Inc. – Certification No. 3 (3rd Quarter)
A motion was made by Mr. Wagner and seconded by Mr. Gilda to authorize payment in the amount of $6,130.00 to Suburban Water Testing Labs, Inc., for annual laboratory testing services for the wastewater treatment and water distribution systems.

Request for Payment – Barry J. Hoffman Company, Inc. – Certification Nos. 1, 2, & 3
A motion was made by Mr. Gilda and seconded by Mrs. White to authorize payment in the amount of $167,392.85 to Barry J. Hoffman Company, Inc., for electrical work completed on Well No. 2 at the Colonial Crest water supply facility.

Request for Payment – Asphalt Maintenance Solutions, LLC – Certification Nos. 1 & 2
A motion was made by Mr. Wagner and seconded by Mrs. White to authorize payment in the amount of $124,060.39 to Asphalt Maintenance Solutions, LLC for crack sealing and sealing coating work on various Township roads.

Request for Payment – C & T Associates – Certification No. 5
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment in the amount of $75,672.73 to C & T Associates, Inc., for work completed on Well No. 2 at the Colonial Crest water supply facility (Contract No. 1 – Mechanical).

Mr. Harman said the well was put into operation that day and would be fully automated by the end of the week.

Release of Funds – Liberty Village Subdivision – Certification No. S-3
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $386,077.80 for the Liberty Village Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated September 18, 2008.

Release of Funds – Liberty Village Subdivision – Certification No. 3
A motion was made by Mrs. White and seconded by Mr. Wagner to authorize the release of construction security in the amount of $1,004,587.65 for the Liberty Village Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated September 19, 2008.

Release of Funds – Blue Ridge West Estates Subdivision – Certification No. S-1
A motion was made by Mr. Gilda and seconded by Mrs. White to authorize the release of construction security in the amount of $446,036.70 for the Blue Ridge West Estates Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated September 18, 2008.

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

Release of Funds – Blue Ridge Chase (f/k/a Penn’s View South Subdivision) – Certification No. 6
A motion was made by Mr. Wagner and seconded by Mrs. White to authorize release of construction security in the amount of $54,416.34 for the Blue Ridge Chase Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated September 23, 2008.

2000 Ford Crown Victoria
A motion was made by Mr. White and seconded by Mr. Wagner to authorize the sale of a 2000 Ford Crown Victoria (VIN# 2FAFP71W3YX204165) to Police Car Store LLC for $1,025.00.

Mr. Wagner congratulated Mr. Beil and the Township Staff for obtaining multiple competitive bids.

The motion carried by a vote of 5 to 0.
2003 Ford Crown Victoria
A motion was made by Mrs. White and seconded by Mr. Wagner to authorize the sale of a 2003 Ford Crown Victoria (VIN# 2FAFP71WX3X121731) to Police Car Store LLC for $2,025.00.

Mr. Wagner noted that the bids may seem low, but it was due to the tremendous wear and tear that the vehicles had undergone as police vehicles.

Settlement of Case Before Environmental Hearing Board Regarding PADEP’s Approval of Coopersburg Borough’s Corrective Action Plan
A motion was made by Mr. Wagner and seconded by Mr. Gilda to approve the Stipulation for Settlement filed October 3, 2008 with the Environmental Hearing Board whereby the parties to the appeal of the Coopersburg Borough Corrective Action Plan to the Environmental Hearing Board agree that the case is settled and ended.

Attorney Dinkelacker, at the request of Chairman Gutzmirtl, highlighted the specifics of the settlement and its implications.

Easement Agreement with UGI Utilities – Gas Pipeline through Township-Owned Properties at 4231 and 4241 Vera Cruz Road
A motion was made by Mr. Gilda and seconded by Mrs. White to approve the Easement Agreement between the Township and UGI Utilities, which would allow UGI Utilities to install an underground gas pipeline through Township-owned properties at 4231 and 4241 Vera Cruz Road and to authorize the Township Manager to execute said agreement on behalf of the Township.

Mr. Wagner asked if all pipelines would be underground, to which Mr. Beil responded yes, that stipulation was part of the Easement Agreement.

Mr. Wagner also inquired about provisions that would protect the affected area from erosion, now and in the future.

Mr. Harman said UGI would be required to obtain plan approval from the Lehigh County Conservation District for erosion and sedimentation control during construction and over the long term.

If erosion were to occur in the future, Mr. Wagner questioned if the Township would have any recourse.

Attorney Dinkelacker cited the restoration clause in the agreement, but said he was comfortable with adding language to specifically deal with future damage and repair.

A motion was made by Mr. Wagner and seconded by Mr. Gilda to amend the original motion by approving the Easement Agreement between the Township and UGI Utilities, which would allow UGI Utilities to install an underground gas pipeline through Township-owned property at 4231 and 4241 Vera Cruz Road subject to the Township Solicitor’s addition of language to provide protection against erosion for a three-year period after construction is complete and to authorize the Township Manager to execute said agreement on behalf of the Township.

Aaron Forte – 4308 Boulder Drive – Mr. Forte recently purchased the tract of land adjacent to the Township-owned properties and was requesting a copy of the Easement Agreement for his review. Furthermore, Mr. Forte wanted to know what would be done with the existing above-ground line.

Mr. Beil addressed Mr. Forte’s request and questions, saying he could obtain a copy of the agreement that night and that the existing line would be removed by UGI. However, Mr. Beil said, he did not have a timeline for the removal of the old line, since that would have to be determined by UGI.

Mr. Beil explained the removal of the old line had to be done hand in hand with the construction of the new underground line. He then gave a brief history of how the above-ground line came to be, how it was identified for replacement, the problems UGI encountered in trying to relocate the line, and how the agreement with the Township came to fruition.

Mr. Forte expressed frustration with the situation saying he was upset that only one meeting was held to discuss the agreement, the agreement was changed without his knowledge, and no timeline had been put in place to remove the above-ground pipeline.

Mr. Beil responded there was no timeline set for removal because no timeline had been set for installation, but UGI had assured the Township that the old line would be removed. Mr. Beil promised he would contact UGI the next day, get a firm commitment as to when the old line would be removed following installation of the new line, and forward the information on to Mr. Forte.

There was a short discussion between Mr. Forte and Attorney Dinkelacker concerning the Township’s jurisdiction in the matter regarding timelines.

Mindy Moore – 4325 Boulder Drive – Ms. Moore was curious about a statement made earlier that UGI was exempt from certain zoning provisions, and she asked Attorney Dinkelacker for clarification. Ms. Moore specifically wanted to know whether UGI would have to comply with the provisions of the ESZ – Environmentally Sensitive Zone Overlay District.

Attorney Dinkelacker replied that UGI’s position was because it was a public utility company, it was exempt from local zoning laws and regulations. The issue was irrelevant, Attorney Dinkelacker said, because his office determined that underground transmission of gas would not violate the provisions of Article 14 of the Zoning Ordinance which governs the ESZ – Environmentally Sensitive Zone Overlay District. In turn, he continued, UGI asked that language referring to the Zoning Ordinance be removed from the agreement, which it was, but the provision requiring an engineer and geotechnical consultant review remained.

Attorney Dinkelacker, Mr. Harman, and Ms. Moore then conversed about the idea of UGI’s exemption from the Township’s Zoning Ordinance and how it related to the agreement before the Board, the documentation relating to the project and who would be responsible for keeping it in compliance and on file, and who in the Township would be overseeing the plans and construction.

There was additional discussion regarding the removal of the above-ground lines that involved Attorney Dinkelacker, Mr. Harman, Mr. Beil, Ms. Moore, Mr. Gilda, and Mr. Wagner.

A motion to amend the original motion was made by Mr. Gilda and seconded by Mr. Horvath to approve the Easement Agreement between the Township and UGI Utilities and authorize the Township Manager to execute said agreement on behalf of the Township, subject to the Township Solicitor’s addition of language to provide protection against erosion for a three-year period after construction is completed, and negotiation of language requiring the removal of the above-ground lines on Township-owned property no longer than 12 months from installation and activation of the new underground line.

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

Blue Ridge West Estates Subdivision – Agreement Providing for Extension of Development Approvals and Resolution of Outstanding Violation of Conditional Use Approval
Mr. Beil reviewed the agreement and the history of the outstanding violations that resulted in the agreement. He recommended approval of the agreement with the addition of three conditions, which he read for the Board.

A motion was made by Mr. Wagner and seconded by Mr. Gilda to approve the Agreement between the Township and U.S. Home Corporation providing for an extension of the development approvals for the Blue Ridge West Estates Subdivision and resolution of an outstanding violation of the prior conditional use approval, subject to the following conditions:

Resolution of all outstanding issues raised by the Township Solicitor in the e-mail dated October 13, 2008, and;
Resolution of the comments contained in the Pidcock review letter dated October 9, 2008, and;
Agreement of Rohrbach, Polster, Dougherty, and Vought with all such amendments and execution of appropriate agreements

Repair Stone Wall in Township Right-of-Way along Property at 4870 Chestnut Hill Road
A motion was made by Mrs. White and seconded by Mr. Gilda to accept the bid proposal of Chestnut Hill Landscape Contractors, Inc., for the repair and re-pointing of the stone wall along Chestnut Hill Road in the amount of $40,404.00 conditioned upon Chestnut Hill Landscaping, Inc., entering into a construction contract with the Township which is acceptable to the Township Solicitor.

Mr. Wagner asked how much was budgeted for the project, to which Mr. Beil replied $45,000.

Attorney Dinkelacker then explained the project was determined to be exempt from the bidding process because it involves the repair of an existing Township facility.

Chairman Gutzmirtl asked if the roots of the trees not far from the wall were causing stress and damage to the wall.

Mr. Beil said the trees had been looked at and several of them would be removed.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Memo from Thomas Young, Accounting Supervisor Regarding the 2009 Minimum Municipal Obligation
Mr. Beil reviewed a memo, dated September 19, 2008 from Thomas Young, Accounting Supervisor, regarding the 2009 Minimum Municipal Obligation for the Township Pension Plans and Firefighters Length of Service Awards Program (LOSAP).

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – October 20, 2008
Mr. Beil reviewed the one appeal on the October 20, 2008 Zoning Hearing Board Agenda.

It was the consensus of the Board to allow the members of the Zoning Hearing Board handle the appeal without intervention from the Township.

Settlement of Case Before Environmental Hearing Board Involving Private Request Filed by McGrath Homes and PADEP Order Dated June 15, 2007 – PADEP and Township Reached Agreement Whereby PADEP Will Rescind Order and Township Will Withdraw Appeal of PADEP Order
Attorney Dinkelacker explained the circumstances surrounding the settlement and the impact of the settlement on the Township.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #10132008 dated 10/10/2008……..$930,941.45
Warrant List #10132008 dated 10/10/2008……………..$876,963.85

A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #10132008 dated 10/10/2008.

PRESENTATIONS
2007 Annual Audit of Township Accounts – Larry Shaub of Reinsel, Kuntz, Lesher, LLP
Mr. Shaub gave a presentation on the 2007 Annual Audit. Key points discussed with the Board were: audit adjustments, financial results, change in net assets, fund balances, budget to actual comparison and recommendations to address internal control deficiencies and material weaknesses.

Chairman Gutzmirtl asked what was going to be done to address some of the issues raised in the audit, such as an inadequate separation of duties with the Township Staff.

Mr. Beil responded saying the staff would work with the Administration and Finance Committee to devise an action plan for 2009 to address the control issues and material weaknesses identified by the auditor.

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