Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, November 13, 2006 - 6:00 p.m.
Township Municipal Building

Members Present:
Stephen C. Wagner, Chairman
Miro A. Gutzmirtl, 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 Wagner 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 Wagner asked all in attendance to stand and recite the “Pledge of Allegiance.”

Following the pledge, Chairman Wagner asked all in attendance to observe a moment of silence for Police Officer David Petzold, who was killed in the line of duty on November 9, 2006.

PUBLIC HEARINGS
None

PUBLIC COMMENT
None

SUBDIVISIONS AND LAND DEVELOPMENTS
1760 Taylor Drive – Revised Preliminary and Final Subdivision Plans – Resolution No. 2006-45
A motion was made by Mrs. White and seconded by Mr. White to adopt Resolution No. 2006-45 approving the revised Preliminary and Final Subdivision Plans of Taylor Drive, LLC for a seven (7) lot residential subdivision on 21.8 acres located on the south side of Taylor Drive west of the intersection with Franklin Lane.

Mr. Harman told the Board that a revised letter had been submitted from the Pidcock Company earlier that day. He recommended that the resolution be amended to include the conditions contained in the Pidcock Company’s review letter of November 13, 2006.

Mrs. White and Mr. White amended their motion to incorporate the conditions contained in the November 13, 2006 Pidcock Company letter.

Chairman Wagner then asked the Board to take a few moments to review the Pidcock Company letter.

Attorney Richard B. Somach and the developer were also present at the meeting. Attorney Somach explained the plan had been reviewed and approved last year by the Supervisors subject to the resolution of certain stormwater management issues. The developer had to wait to proceed any further until spring when certain tests could be performed. The tests revealed additional stormwater-related problems forcing the developer to work with the Township Engineers through the summer only to resolve the issues with the installation of a simple detention basin. The plan was essentially the same as what was approved last year, he said.  Attorney Somach said the developer reviewed both the resolution and the letter containing the additional conditions and had agreed to comply with the provisions of both.

Mr. Harman answered several questions asked by Board members regarding specific lots, with assistance from Attorney Somach and the developer.

The amended motion carried by a vote of 5 to 0.

MINUTES
None

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2006-54 – Recreation Fees
A motion was made by Mr. Horvath and seconded by Mr. Gutzmirtl to adopt Resolution No. 2006-54 amending the dollar amount of the park and recreation fee to be paid by developers pursuant to the Municipalities Planning Code and the Township Subdivision and Land Development Ordinance, as amended by Ordinance No. 50-H.

The proposed resolution would increase the recreation fee paid by developers from $2,300.00 per approved building lot or dwelling unit to $5,680.00 per approved building lot or dwelling unit (whichever number is greater). 

Mr. White commented that he fully supported the resolution.

The motion carried by a vote of 5 to 0.

MOTIONS
Release of Funds – Weber & Dale Tracts Subdivision (a/k/a The Reserve) – Certificate No. 1
A motion was made by Mr. White and seconded by Mrs. White to authorize the release of construction security in the amount of $183,374.49 for the Weber & Dale Tracts Subdivision (a/k/a The Reserve) in accordance with the Township Engineer’s recommendation made by a letter dated October 20, 2006.

The motion carried by a vote of 5 to 0.

Release of Funds – Locust Manor Subdivision – Certificate No. 1
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $295,866.05 for the Locust Manor Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated November 7, 2006.

The motion carried by a vote of 5 to 0.

Appointment of Sharyn E. Yeakel as Director of Community Development
A motion was made by Mr. Gutzmirtl and seconded by Mrs. White to appoint Sharyn E. Yeakel as the Director of Community Development.

The motion carried by a vote of 5 to 0.

Request to Add Lands to the Lower Milford Township Agricultural Security Area
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to approve the request of Russell M. K. Schantzenbach to have the following properties added to the Lower Milford Township Agricultural Security Area:

The motion carried by a vote of 5 to 0.

Request for Payment – Asphalt Maintenance Solutions, LLC
A motion was made by Mr. Horvath and seconded by Mr. Gutzmirtl to authorize payment in the amount of $96,421.15 to Asphalt Maintenance Solutions, LLC for crack sealing and seal coating work on various Township roads.

Chairman Wagner asked if a retainer was necessary for a job of this size.

Mr. Harman said no retainer was necessary because that was taken care of by the requirement of a maintenance bond.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Notice to Upper Saucon Township Water Customers
Mr. White initiated a discussion concerning a notice that was distributed to all Township water customers. The notice states that the Township failed to collect the required disinfection by-product samples for the period of July 1, 2006 through September 30, 2006. 

Mr. Beil said that due to new testing requirements, combined with the loss of the employee that normally collected the samples, the required water sample for this period was not submitted to DEP. He assured the Board that it was an unfortunate oversight that would not happen again.

Mr. Horvath asked what measures had been put in place to prevent this type of oversight in the future.

Mr. Beil outlined the changes in policy that had been made since the oversight to insure the Township’s compliance with the required water testing schedule.

Mr. Gutzmirtl was bothered by the fact that one (1) person was responsible for the testing and no backup was in place.

Mr. Beil agreed with Mr. Gutzmirtl saying there was no excuse for the failure to collect the required water samples, and that someone should have caught the oversight before it became an issue of non-compliance.

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda for November 27, 2006
Mr. Beil briefly reviewed the two (2) appeals by the Southern Lehigh School District listed on the Zoning Hearing Board Agenda for November 27, 2006. Both appeals, he said, were not new and while an agreement could be reached between the Township and the District in the near future, the Township would continue to oppose the appeals until that time.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #11132006 dated 11/09/2006………$108,583.53
Warrant List #11132006 dated 11/09/2006………………$1,203,143.41

A motion was made by Mr. Gutzmirtl and seconded by Mrs. White to authorize payment of the Prepaid Invoice List and Warrant List #11132006 dated 11/09/2006.

Chairman Wagner, Mr. Gutzmirtl, and Mr. White each had questions regarding specific invoices that were answered by Mr. Beil and/or Mr. Kassel.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Police Officer David Petzold – Certification of Death
A motion was made by Mr. White and seconded by Mrs. White to authorize the Chairman to sign the required documents certifying that Police Officer David Petzold was killed in the line of duty and to authorize the submission of said documents to the State in order for Officer Petzold’s widow to receive a $100,000 death benefit.

Attorney Dimmich briefly touched on the existing statutes surrounding a police officer killed in the line of duty, what was required of the Township and when, and the benefits available to the officer’s family.

The motion carried by a vote of 5 to 0.

COURTESY OF THE FLOOR
Bob Tettemer – Glen Road – Thanked the Board, police department, Township staff, and especially Mr. Beil for how the death of Officer Petzold was handled. He said he hoped the Township would never have to go through that type of tragedy again.

EXECUTIVE SESSION
None

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

                                                                       
Secretary