Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, November 2, 2009 – 6:00 P.M.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen Wagner, Vice Chairman
Joseph M. Horvath
Joaquim “Jack” DeMatos

Members Absent:
John E. Gilda, Jr.
                                   
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 in attendance to stand and recite the “Pledge of Allegiance.”

PUBLIC COMMENT
Brian Merkel, 1395 Spring Valley Road – Mr. Merkel addressed the Board with his concerns about land preservation, Mr. Merkel contended that land acquisition was not a legitimate use of taxpayer funds. Mr. Merkel took an informal poll of the Board and found that all members agreed to support the open space/land preservation programs. Chairman Gutzmirtl suggested that Mr. Merkel submit his name for consideration on the Open Space Study Committee, a suggestion that Mr. Merkel agreed to pursue. Mr. Horvath clarified the Board’s position explaining that the intent of the program is not for the Township to own land, but to preserve the character of the community by creating conservation easements in partnership with cooperative landowners to achieve the Township’s land preservation goals.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl asked the Board members to watch a brief video concerning recreation programs in Colorado Springs.  The Board watched the video which highlighted the following key points:

• Colorado Springs walking/biking trails
• Developer funded parks program
• Health advantages of making walking/biking trails easily accessible to residents
• Using a portion of sales tax revenues to fund recreation program

SUBDIVISIONS & LAND DEVELOPMENTS
None

MINUTES
Regular Meeting Minutes of October 5, 2009
Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve the regular meeting minutes of October 5, 2009. The motion was adopted by a vote of 4 to 0.

Regular Meeting Minutes of October 19, 2009
Motion made by Mr. Horvath and seconded by Mr. Wagner to approve the regular meeting minutes of October 19, 2009. The motion was adopted by a vote of 4 to 0.

COMMITTEE REPORTS
None

ORDINANCES
Ordinance No. 114-A – Ground Source Heat Pumps
Motion made by Mr. Wagner and seconded by Mr. Horvath to adopt Ordinance No. 114-A regulating the installation and use of ground source heat pumps in the Township.

Mr. Wagner suggested re-examining Ordinance No. 114-A at some point in the future.  He noted that open loop systems have caused environmental problems in certain applications in other municipalities.

The ordinance was adopted by a vote of 4 to 0.

RESOLUTIONS
Resolution No. 2009-46 – Creation of Open Space Study Committee
Motion made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2009-46 creating an Open Space Study Committee for the purpose of investigating various financing options for the conservation, protection and improvement of natural and open space resources in the Township.

Mr. Gutzmirtl asked the Board for assistance in recruiting residents to serve on the nine member Open Space Study Committee.   

The resolution was adopted by a vote of 4 to 0.

MOTIONS
Award Bid for Annual Laboratory Services for Water Distribution System and Wastewater Treatment System

Motion made by Mr. Horvath and seconded by Mr. Wagner to award the 2010 Annual Laboratory Services bid to QC Laboratories, Inc., for a total bid price of $21,769.00.

The motion was adopted by a vote of 4 to 0.

Request For Payment – Remco, Inc. – Certification No. 1
Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize payment in the amount of $38,618.45 to Remco, Inc., for work completed on the entrance lighting project at the Community Park, subject to Remco, Inc., submitting the required weekly payroll certifications to the Township.

Mr. Wagner questioned the remaining balance of $6,000. Dennis Hartman, Township Engineer, explained that additional landscaping work was not completed at the time of the submission and there was a $2,000 retainage requirement.

The motion was adopted by a vote of 4 to 0.

Request For Payment – Barry J. Hoffman Company, Inc. – Certification No. 4
Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize payment in the amount of $38,092.00 to Barry J. Hoffman Company, Inc., for work completed on the Influent Pump Station Controller at the Sewage Treatment Plant.

The motion was adopted by a vote of 4 to 0.

Sale of Used Township Vehicles
Motion made by Mr. Wagner and seconded by Mr. Horvath to authorize the sale of a 1999 Ford Crown Victoria (VIN #2FAFP71W3XX189858) to State Surplus Auto Sales for $900.00.

The motion was adopted by a vote of 4 to 0.

Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize the sale of a 2005 Ford Explorer (VIN #1FMZU72K75UC00419) to Grace Quality Used Cars for $2,858.00.

The motion was adopted by a vote of 4 to 0.

Request To Allow Proposed Home At 2105 Turnberry Court To Be Located Closer Than 100 Feet From A Fracture Trace
Motion made by Mr. Horvath and seconded by Mr. Wagner to approve the request of Jason and Stacy Rudolph for an exemption from the minimum setback requirements pursuant to Section 515.F.2 of the Zoning Ordinance in order to allow the proposed single family detached dwelling at 2105 Turnberry
Court to be located closer than 100 feet from a mapped fracture trace, conditioned upon full compliance with the recommendations contained in the October 27, 2009 SAIC review letter.

Mr. DeMatos asked if lot 26, adjacent to the subject property, had a structure. Mr. Rudolph approached the Board verifying that the house on lot 26 spanned the mapped fracture trace, explaining that the trace was initially determined by a fly-over assessment and that subsequent geological digs to a depth of 30 feet determined that no fracture exists.

The motion was adopted by a vote of 4 to 0.

CORRESPONDENCE AND INFORMATION ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – November 9, 2009
Mr. Beil reviewed the three appeals scheduled for a hearing before the Zoning Hearing Board on November 9, 2009.  The Board of Supervisors did not express an interest in opposing any of the appeals scheduled for the November 9, 2009 Zoning Hearing Board agenda. 

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid invoice List #11022009, dated 10/30/2009, for $101,636.69
Warrant List #11022009, dated 10/30/2009 for $420,797.10

Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize the payment of the Prepaid Invoice List and the Warrant List.

The motion was adopted by a vote of 4 to 0.

ADDITIONAL BUSINESS
Mr. Horvath explained the concept behind the new budget approach, the new approach taken to meet the economic conditions expected in 2010, defining a baseline budget as the minimum funding required to maintain existing services without any new expenditures. Expenditures above the base line budget require a decision package that provides details about the proposed expenditure and alternatives.

Mr. Horvath also asked that the Board question projected revenues during their budget analysis explaining that the 2009 projected revenue is $7.7 million and the 2010 projected revenue is $8.4 million, the difference in revenues primarily from fees due to the Township from developers. Mr. Horvath pointed out that the fees will be collected, but because of the financial state of some developers, may not be collected in 2010 as scheduled, insinuating that including the fees into the budget incurs some risk. Mr. Kassel verified that the fees have been outstanding for more than a year, Mr. Wagner commented that some of the debt, in a commercial venue, would be regarded as uncollectable. Mr. Beil noted that the Township is holding up approval for the developments, withholding certificates of occupancy, and generally exercising its approval power to insure that the fees will be paid.

Mr. Horvath also said that the new budget package will contain a five-year view that includes anticipated capital expenditures as part of the analysis process. Mr. Horvath also addressed the concept of developing units of work to measure the work performed, the definition of a work unit and its composition are still under development, as Mr. Horvath explained, work units can aid in determining the level of capacity available and the most effective use of resources. Mr. Horvath also addressed the reserve accounts and the part each account will play in the budget analysis. Mr. Horvath asked that Board members review their priorities before the public meeting on November 23rd, additionally requesting Mr. Kassel provide a review of the Township’s current and projected indebtedness picture in order to present Board members with a clear picture of the Township’s financial situation. Mr. Beil remarked that there are two approaches to the budget analysis, continuing the current approach that allows two members of the Board to meet and discuss options, the number of members in the meeting set by the Sunshine Act, or the Board can opt to hold a series of public meetings to set priorities on the decision packages, the Board opting to continue the two member meetings and resolving any differences at the November 23rd public meeting.  

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
The Board met in executive session to discuss a litigation matter involving McGrath Homes. 

The Board returned from executive session. 

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

The motion carried by a vote of 4 to 0.

______________________
Secretary