Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, October 23, 2007 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, 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 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
Public Comment is summarized as follows:

Bob Maso – Assumption BVM Church – Mr. Maso introduced himself as the new Facilities Manager for the Assumption BVM Church at 4102 Old Bethlehem Pike.

Rick Frable – 6241 Winding Road – Mr. Frable said he was concerned about the Locust Valley lawsuits.  Specifically, he was concerned that the judgment in the lawsuits might exceed the Township’s insurance limits.  He asked the Board to seriously consider settling the lawsuits

CHAIRMAN’S REMARKS
Chairman Gutzmirtl thanked the Kiwanis Club for the Haunted Hayride event they sponsored at the Township Park.

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Wunderler Minor Subdivision – Sewage Facilities Planning Module
A motion was made by Mrs. White and seconded by Mr. Wagner to approve the Sewage Facilities Planning Module for the Wunderler Minor Subdivision and to authorize the submission of the same to the PA Department of Environmental Protection for final review and approval.

The motion carried by a vote of 5 to 0.

PRESENTATIONS
None

MINUTES
Regular Meeting of March 12, 2007
A motion was made by Mr. Horvath and seconded by Mrs. White to approve the minutes of the March 12, 2007 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

Regular Meeting of April 9, 2007
A motion was made by Mrs. White and seconded by Mr. White to approve the minutes of the April 9, 2007 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

Special Meeting of April 30, 2007
A motion was made by Mr. White and seconded by Mr. Horvath to approve the minutes of the April 30, 2007 special meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

Regular Meeting of May 14, 2007
A motion was made by Mr. Horvath and seconded by Mrs. White to approve the minutes of the May 14, 2007 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Request by Lower Milford Township – Reallocation of Earned Income Tax Revenues Incorrectly Credited to Upper Saucon Township
No discussion or action was taken on this matter as it was deferred to the executive session scheduled for the end of the meeting.

Appointment of Alternate Engineer
A motion was made by Mr. Horvath and seconded by Mr. White to appoint C. Robert Wynn Associates, Inc., as Alternate Township Engineer to serve at the pleasure of the Board and to compensate the Alternate Township Engineer for services rendered in accordance with the fee schedule provided by C. Robert Wynn Associates, Inc., dated January 1, 2007.

Both Mr. Wagner and Mr. White said the firm was highly recommended.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
ADA Requirements for Truncated Domes on Sidewalk Ramps
Mr. Harman requested that the Township Solicitor’s office examine the two sets of new ADA requirements he received for the truncated domes placed on sidewalk ramps for the benefit of the visually impaired and advise the Township on how to legally comply. His recommendations were important to three upcoming developments that would contain a large number of sidewalk ramps with truncated domes.

Chairman Gutzmirtl suggested benchmarking other communities to see what version of the ADA requirements they were following and pair that with the advice from the solicitor’s office to devise an appropriate set of requirements for the Township. He also thanked Mr. Harman for bringing the issue to the Board’s attention.

Paving Issue at Liberty Village
Mr. Harman also brought to the Board’s attention a paving issue in the Liberty Village Development. The developer improperly paved an area, which would result in escrow being withheld. In addition, after 180 days, the asphalt must be removed and the area repaved. Mr. Harman wanted the Board to be aware of the situation ahead of time so they could possibly send out a letter explaining the situation. He also wanted the Board to be up to date in case the developer and /or residents came before them in the spring requesting a waiver of the repaving requirement.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #10232007 dated 10/19/2007………$425,877.51
Warrant List #10232007 dated 10/19/2007………………$266,827.06

A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment of the Prepaid Invoice List and Warrant List #10232007 dated 10/19/2007.

Mr. White had a question about one invoice and a comment about one other.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Bob Tettemer – Glen Road – Mr. Tettemer asked why the grievance hearing at the last meeting and the grievance decision at this meeting were placed after the public comment section of the agenda.

Mr. Beil said it was done for the convenience of the public.

Mr. Tettemer asked if the public had a right to comment on the grievance.

Attorney Dimmich explained public opinion was irrelevant and should not be allowed to influence the Board’s decision because not only was it a contractual matter, but the Board was serving as a quasi judicial entity. If public comment was allowed, it should take place only after the Board rendered their decision.

Mr. Tettemer also expressed his concern about the roads in Liberty Village, specifically the utilities underneath the roadway and whether they had been properly compacted or not.

DECISION ON GRIEVANCE - OFFICER AMY HAWK – PAYMENT FOR WAIVING MEDICAL COVERAGE
A motion was made by Mr. Horvath and seconded by Mr. Wagner to deny the grievance filed by Officer Amy Hawk.

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

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

The motion carried by a vote of 5 to 0.

EXECUTIVE SESSION
The Board met in an executive session to discuss possible land acquisition and possible litigation.

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary