Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, November 12, 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.”

Chairman Gutzmirtl then asked for moment of silence to commemorate the one year anniversary of the passing of Police Officer David M. Petzold who was killed in the line of duty.

PUBLIC COMMENT
Public Comment is summarized as follows:

Bob Tettemer – Glen Road – Mr. Tettemer spoke to the importance of observing Veterans’ Day. He said he was proud to be a veteran, and wanted to publicly thank all those who have served in the Armed Forces.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl commented on the elections that took place in the week prior and congratulated John Gilda for winning his bid for a seat on the Township’s Board of Supervisors.

PRESENTATIONS
Legislative Update – State Representative Karen Beyer
State Rep. Beyer began by saying she was interested in learning of any issues the Board wanted her to be aware of and discussing any matters they would like to see her pursue. In addition, she wanted to know what the Board would like to see her accomplish in the future. But first, Mrs. Beyer mentioned the recently passed budget and the proposed tax increases it contained, as well as the debates she participated in over energy policies, illegal immigration, and the investment of taxpayer contributions. She spoke about the possible development and expansion of mass transit in the area and the institution of tolls on local roads to fund it. Furthermore, Mrs. Beyer talked about the new legislation that would move toward privatizing the sale of liquor and a proposal that would increase the State sales tax to nine percent, both of which she opposed. Other issues that would more directly effect the Township, she said, included a program that would provide statewide healthcare coverage for school district employees and newly introduced legislation proposing a development moratorium for municipalities updating their comprehensive plan. She admitted the moratorium idea would be difficult to get through the Senate if it even made it through the House of Representative, but believed either way it at least showed support of local municipal governments. Mrs. Beyer informed the Township of several grants that were available for $5,000 or $10,000.

Mr. White asked about the status of a Bill that proposed an increase in the amounts that trigger certain bid requirements.

Mrs. Beyer said she would have to check for sure, but believed it had been approved. She added the Bill was important legislation for many municipalities.

Mrs. White agreed saying the current amounts and their associated requirements were burdensome and expensive.

Mr. Wagner said changes in prevailing wage provisions for smaller projects could also be changing and would provide addition assistance to municipalities.

Mrs. Beyer concurred with Mr. Wagner’s statement saying both pieces of legislation and many others, such as the moratorium bill, were being investigated and introduced by a specific committee. She suggested a meeting be arranged between the head of the committee and all the municipal officials in her district. The goal would be to create a forum situation, where officials could ask questions and gain insight into the committee’s objectives.

Chairman Gutzmirtl said he was directed to that committee as the Township was beginning to rewrite their Zoning Ordinance and SALDO. He became disappointed, however, when the provisions of the moratorium bill were altered to the point that the legislation was no longer recognizable. The altered bill, Chairman Gutzmirtl said, would not allow officials to continue running strong, quality municipalities.

Unfortunately, Mrs. Beyer responded, there are many unseen forces at work in Harrisburg that are above individual members of government. She asked that the Township provide her office with constant input and encouraged other communities in the Lehigh Valley to do the same.

Chairman Gutzmirtl inquired about how many of the issues brought up at a traffic meeting the prior year had been addressed by her office to date.

Mr. Beil asked specifically about the Route 309 corridor study.

Mrs. Beyer replied PennDOT would not do anything with Route 309 until the road construction project scheduled to begin in Coopersburg was completed. And since the timeline for the project has been pushed back, the Township would be looking at least two years until the study would be possible.

Members of the Board and Mrs. Beyer then discussed drafting a list of objectives and goals to be submitted to her office containing a schedule for contacting the Township with updates.

The next matter discussed was brought up by Mr. Wagner, who said he was surprised that developers could meet privately with other entities, such as DEP, to discuss public infrastructure prior to submitting plans and without notification to the municipality or the public. He commented if that situation was legal, it should be made illegal and asked Mrs. Beyer if she would consider introducing legislation to address the issue.

Mrs. Beyer said she was willing to look into Mr. Wagner’s concerns.

The conversation then focused on an alleged exchange between Mrs. Beyer and George Bloeser relayed to the Township by Mr. Bloeser, where they supposedly discussed the Coopersburg sewer matter.

Mrs. Beyer explained she met with State Senator Robert Wonderling and Coopersburg Borough officials to try and figure a way to provide Coopersburg with the funds to correct their infrastructure. The meeting, she said, had nothing to do with the Department of Environmental Protection decision regarding the matter, and she did not appreciate Mr. Bloeser’s depiction of their conversation. She stated Mr. Bloeser misrepresented her position to the Board of Supervisors.

Rick Nelson – 5675 Applebutter Hill Road – Mr. Nelson asked why developers were not required to compensate municipalities for the impact of their development before they are allowed to build.

Mrs. Beyer said legislation would soon be introduced, which if adopted, would impose impact fees on developers.

Mr. Nelson also expressed frustration over increases in property taxes to subsidize the costs imposed by developers.

Mrs. Beyer said measures need to be put in place, not to prevent or stop development, but to instead control it.

Chairman Gutzmirtl asked if Mrs. Beyer would sign onto the bill to impose impact fees

Mrs. Beyer responded she would be hesitant, since she was burned in the past after signing onto bills that were later amended to no longer resemble the original bill.

FIVE MINUTE RECESS
The Board took a brief recess before moving on to the remaining agenda items.

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Oberly Minor Subdivision – Resolution No. 2007-49
A motion was made by Mrs. White and seconded by Mr. Wagner to adopt Resolution No. 2007-49 conditionally approving the Preliminary and Final Subdivision Plan of Upper Saucon Township for a two lot residential subdivision on 3.494 acres at 1441 Spring Valley Road. Lot 1 is to be retained as a residential lot, which contains the existing home, while Lot 2 is to be conveyed to the Municipal Authority for the installation of public sanitary sewer facilities including a sewer pump station.

The motion carried by a vote of 5 to 0.

MINUTES
None

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Award Bid for Annual Laboratory Services for Water Distribution System and Wastewater Treatment System
A motion was made by Mr. Horvath and seconded by Mrs. White to award the 2008 Annual Laboratory Services bid to Suburban Water Testing Labs, Inc., for a total bid price of $24,520.00.

Mr. Wagner was curious who performed the service last year, to which Mr. Beil replied Suburban Water Testing Labs, Inc., was also the low bidder in 2007.

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. White and seconded by Mrs. White to authorize payment in the amount of $22,800.00 to Barry J. Hoffman Co., Inc. for work completed on the installation of a new emergency generator at the Wastewater Treatment Plant.

Mr. Wagner voiced his concern over the same electrical company performing all of the electrical work in the Township year after year. He felt it was not credible for the same company to achieve the low bid every year suggesting that insufficient advertising had contributed to an inadequate bid response.

Attorney Dimmich acknowledged that Mr. Wagner’s point was valid, but reminded the Board that payment could not reasonably be withheld once a contract had been awarded.

Mr. Beil quickly explained the Township Authority’s method for advertising and soliciting bids, which Mr. Wagner deemed inadequate. Mr. Wagner outlined the process he felt should be followed when soliciting bids, and Mr. Beil assured him that his recommendations would be passed on to the Authority.

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.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Letter from Paul Bauer of the Southern Lehigh School District Earned Income Tax Office
The Board reviewed a letter from Paul Bauer of the Southern Lehigh School District Earned Income Tax Office urging the Township to support House Bill 1458 and oppose House Bill 1550 and Senate Bill 1063.

A short discussion took place regarding the details of each of the bills.

A motion was made by Mr. Wagner and seconded by Mr. White to send a letter to State Representative Karen Beyer and State Senator Robert Wonderling expressing the Township’s support of House Bill1458 and opposition to House Bill 1550 and Senate Bill 1063.
 
The motion carried by a vote of 5 to 0.

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #11122007 dated 11/09/2007……….$113,658.88
Warrant List #11122007 dated 11/09/2007……………….$1,364,372.37

A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment of the Prepaid Invoice List and Warrant List #11122007 dated 11/09/2007.

Mr. White had questions regarding two items on the Warrant List, which Mr. Beil said he would get back to Mr. White with an answer.

Chairman Gutzmirtl requested he be forwarded the answers to Mr. White’s questions.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Status of Proposed Ordinance No. 79-WW
Mr. Wagner asked about the status of proposed Ordinance No. 79-WW.

Mr. Beil told the Board the draft ordinance was being revised by the Solicitor.  The Planning and Zoning Committee will review the revised Ordinance at its next meeting and decide whether or not the Ordinance should be advertised for consideration by the full Board.

Cancellation of November 27 Meeting
Mr. Beil told the Board, if possible, the second Supervisors’ meeting in November would be cancelled.

Chairman Gutzmirtl reminded Supervisors that a budget presentation meeting would be scheduled for the beginning of December.

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

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 at 8:04 p.m.

                                                                       
Secretary