Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, November 10, 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 Via Speakerphone:
Joseph M. Horvath
                                   
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn Heater, Director of Community Development
Jeffrey Dimmich, Township Solicitor
Dennis Harman, P.E., Township Engineer
C. Robert Wynn, P.E., Alternate 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:

Lisa Costa – 3395 North Bayhill Drive – Mrs. Costa requested that the Township make its financial statements and budget available on its website. She found it hard to make a decision regarding the referendum question that appeared on the November 4, 2008 ballot because she was unable to view and take into consideration any of the Township’s up-to-date financial information. While she understood the financial information was available at the Township Building, she found it inconvenient to travel to the Township Building to view the information.
Chairman Gutzmirtl said the Township would make its budget and financial statements available on its website.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl said while the votes were still unofficial, it appeared that the referendum question placed on the November 4, 2008 ballot was defeated by 33 votes. Personally, Chairman Gutzmirtl felt that the defeat was a loss for the Township since he and three of his fellow Board members had run their campaigns partially on an open space preservation platform.

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Rembalsky Minor Subdivision – Resolution No. 2008-36
A motion was made by Mr. Wagner and seconded by Mr. Gilda to adopt Resolution No. 2008-36 conditionally approving the Preliminary/Final Minor Subdivision Plan of Peter and Oriane Rembalsky to subdivide a 2.36 acre property at 2085 Augusta Drive into two lots.

The motion carried by a vote of 5 to 0.

Toscana Subdivision – Resolution No. 2008-37
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2008-37 conditionally approving the Preliminary Subdivision Plan of Premier Land Development for a 43-lot residential subdivision on 197± acres located primarily at 1600 Taylor Drive and 2115 Flint Hill Road.

The motion carried by a vote of 5 to 0.

MINUTES
Regular Meeting of September 8, 2008
A motion was made by Mrs. White and seconded by Mr. Gilda to approve the minutes of the September 8, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0, with 1 abstention by Mr. Horvath, who was not present at the meeting.

Regular Meeting of October 13, 2008
A motion was made by Mr. Wagner and seconded by Mrs. White to approve the minutes of the October 13, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

Regular Meeting of October 28, 2008
A motion was made by Mr. Wagner and seconded by Mrs. White to approve the minutes of the October 28, 2008 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
Purchase of Conservation Easement on Property at 7600 Blue Church Road South (Ridge & Valley Rod & Gun Club Property)
A motion was made by Mrs. White and seconded by Mr. Wagner to approve the purchase of a conservation easement on a 24.6-acre property at 7600 Blue Church Road (PIN #642300493161 1), otherwise known as the Ridge & Valley Rod & Gun Club, for $185,000.00 and to authorize the Township Manager to execute the necessary documents to carry out said purchase.

Attorney Dimmich assured the Board that the agreement was drafted in a way that it would effectively preserve the property. However, the Ridge & Valley Rod & Gun Club had requested permission to expand the shooting range which was granted and included in the agreement. In addition, Attorney Dimmich noted the property covered by the easement was only the tract located in the Township and not the tract located in Bucks County.

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

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

The motion carried by a vote of 5 to 0.

Release of Funds – Epernay Condominiums – Certification No. PS-1
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $124,900.91 for the Epernay Condominium Development in accordance with the Township Sewer Engineer’s recommendation made by a letter dated October 23, 2008.

The motion carried by a vote of 5 to 0.
Release of Funds – Epernay Condominiums – Certification No. S-2
A motion was made by Mr. Gilda and seconded by Mrs. White to authorize the release of construction security in the amount of $63,099.16 for the Epernay Condominium Development in accordance with the Township Sewer Engineer’s recommendation made by a letter dated October 22, 2008.

The motion carried by a vote of 5 to 0.

Request for Payment – Barry J. Hoffman Company, Inc. – Certification No. 4
A motion was made by Mr. Wagner and seconded by Mr. Gilda to authorize payment in the amount $33,525.60 to Barry J. Hoffman Company, Inc., for electrical work completed on Well No. 2 at the Colonial Crest water supply facility.

The motion carried by a vote of 5 to 0.

Request for Payment – Barry J. Hoffman Company, Inc. – Certification No. 1
A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment in the amount of $3,150.00 to Barry J. Hoffman Company, Inc., for work completed on the Influent Pump Station Controller at the Sewage Treatment Plant.

The motion carried by a vote of 5 to 0.

Request for Payment – Structural Maintenance Systems, Inc. – Certification No. 2
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment in the amount of $49,536.00 to Structural Maintenance Systems, Inc., for repair work completed on the Secondary Clarifier at the Sewage Treatment Plant.

The motion carried by a vote of 5 to 0.

Request for Payment – Aqua Net Environmental, Inc. – Certification No. 5 (Final)
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment in the amount of $9,163.20 to Aqua Net Environmental, Inc., for work completed on the return activated sludge system at the Sewage Treatment Plant.

The motion carried by a vote of 5 to 0.

Request for Payment – Asphalt Paving Systems, Inc. – Certification No. 1 (Final)
A motion was made by Mr. Wagner and seconded by Mr. Gilda to authorize payment in the amount of $76,211.60 to Asphalt Maintenance Solutions, Inc., for micro-surfacing work on various Township roads.

The motion carried by a vote of 5 to 0.

Waterline Reimbursement Agreement with Stabler Land Company
A motion was made by Mr. Wagner and seconded by Mr. Gilda to approve an agreement with Stabler Land Company resolving all current and future claims relating to Stabler Land Company’s recovery of certain costs incurred in the construction of waterlines along Corporate Parkway.

Mr. Wagner asked how the matter had finally been resolved.

Mr. Beil explained he and Attorney Dimmich were in contact with Attorney Joseph Fitzpatrick, counsel for Stabler, who assisted them in ironing out the details of the agreement.

Attorney Dimmich added the agreement would close the matter completely, with no additional requests for payments possible in the future.

The motion carried by a vote of 5 to 0.

Award Bid for Annual Laboratory Services for Water Distribution System and Wastewater Treatment System
A motion was made by Mr. Wagner and seconded by Mrs. White to award the 2009 Annual Laboratory Services bid to Suburban Water Testing Laboratories, Inc., for a total bid price of $24,985.00

The motion carried by a vote of 5 to 0.

Request for Payment – Chestnut Hill Landscape Contractors – Certification No. 1 (Final)
A motion was made by Mr. Wagner and seconded by Mrs. White to authorize final payment in the amount of $45,490.00 to Chestnut Hill Landscape Contractors for repair work on the stone wall along Chestnut Hill Road.

Chairman Gutzmirtl inquired about the trees in the area of the wall. He wanted to know whether or not the tree roots would later interfere with the strength and longevity of the wall.

Mr. Harman replied the trees near the wall had reached or were close to reaching their full maturity; therefore, root growth would be very limited and should not interfere with the wall.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – November 17, 2008
Mr. Beil reviewed the one appeal on the November 17, 2008 Zoning Hearing Board agenda. Mr. Beil told the Board the applicant was requesting permission to change a portion of the Rehabilitation Center, located at 4676 Route 309, to a Beauty Spa and to use the existing parking spaces for both uses. Furthermore, the applicant was asking for variances for off-street parking requirements and sign provisions.

Following a short discussion regarding the current and proposed sign, as well as the existing and proposed parking, the consensus of the Board was to allow the Zoning Hearing Board to render a decision without intervention.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #11102008 dated 11/07/2008……$109,901.83
Warrant List #11102008 dated 11/07/2008……………$857,147.49

A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #11102008 dated 11/07/2008.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Mindy Moore – Boulder Drive – Ms. Moore shared her disappointment with the Board over the defeat of the open space referendum.  She felt the Township had been moving in a positive direction for the last couple of years, after a long time of open space efforts being rejected by past Boards. Ms. Moore said she supported the referendum and will continue to support future endeavors to preserve open space in the Township. The only question Ms. Moore had was how the Township planned to proceed with open space preservation in light of the setback.

Chairman Gutzmirtl responded the Township will continue to move forward with its open space program. He said the Township will look at what was done to campaign for the referendum, what worked, what did not, and explore new and better ways to educate residents on the benefits of preserving land. In the meantime, Chairman Gutzmirtl said, the Township would continue operating with the limited tools available to them to preserve open space.

Mr. Wagner commented that the defeat of the referendum would drive up school taxes as land becomes developed and new students enter the system. Also, he said the lack of open space and recreational land in the future would lower property values, as well as the quality of life in the Township. He concluded that controls need to be put in place to moderate development in the Township.

Mr. Gilda said he anticipated a defeat. He said given the current economic condition and the themes surrounding the election, he was surprised the margin of defeat was so narrow. Despite the defeat, he said, no one should lose sight of the tremendous work done by the Township’s Environmental Advisory Council, the Board of Supervisors, and the Township staff. And because of the closeness of the defeat, Mr. Gilda continued, the lesson learned should be that victory was not too far away.

EXECUTIVE SESSION
None

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary