Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, December 21, 2009 – 6:00 P.M.
Township Municipal Building

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

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Dennis Harman, P.E., Township Engineer
Jeffrey Dimmich, 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
Chairman Gutzmirtl indicated that he had received several emails from Township residents who were concerned about funding for the Southern Lehigh Public Library. He asked that the names of the residents who sent the emails be entered into the minutes. Emails were received from Susan Martin, Dennis Burmeister, Melissa Gill, Joyce Warn, Cindy Stellar, Natalie Moriarity, Ellen Deebel, Joseph Louie, Susan and David Hill, Bulusu Dutt, Radha Dutt, Curt Doll, Chris Ebel, Casey Anthony, Heather Rizzo, Christine Brook, Schindler Family, Jane Yanega, Linda Roosa, Jennifer Forster, Mrs. Magnivita, and Mary Patterson.

Jill Hirt, 7727 Carlton Road – Ms. Hirt read a statement on behalf of Allen Cassaday, President of the Southern Lehigh Public Library Board, and Lynnette Saeger, Director of the Southern Lehigh Public Library. In the statement, the Library representatives thanked the Board of Supervisors for funding the construction of the new library, and requested that the Board restore $16,800 in funding for the library. The statement also addressed the verbal agreement made in 2006 by the Board of Supervisors to maintain library funding at $168,000 until 2010 contending that the library’s friends, supporters and employees have stepped up to provide additional funding to maintain the existing level of service and asking that the Board reconsider its decision to cut funding by 10%.

Kim Bowden, 189 Hillside Drive – Ms. Bowden concurred with the previous speakers comments. Ms. Bowden asked that the Board reconsider the proposed cuts in library funding.

MaryAnn Mattioli, 2786 Flint Hill Road – Ms. Mattioli addressed the Board to speak in favor of Ordinance 67-KK reducing the speed limit on Flint Hill Road. Ms. Mattioli expressed her concerns about safety in light of two severe accidents that occurred recently on the road, both accidents involving drivers unfamiliar with the turns on the road.

Kristy Smith, 2730 Flint Hill Road – Ms. Smith addressed the Board to speak in favor of Ordinance 67-KK reducing the speed limit on Flint Hill Road. Ms. Smith confirmed the comments made by Ms. Mattioli and adding her concern for the safety of children in the area.

Janet Kichline, 410 Gaffney Hill Road, Easton, PA – Ms. Kichline stated that she was the Youth Services Director at the Southern Lehigh Public Library and confirmed that the library uses a number of volunteers for their community programs, but contended that volunteers do not replace the need for trained staff. Ms. Kichline also added cuts in all areas of the Township’s budget would be preferable to a cut in library funding, specifically citing police and fire operations. Chairman Gutzmirtl emphasized that cuts were made in all areas, and that the Finance Committee and Township staff made the cuts based on decision packages submitted by each department.

Rick Nelson, 5675 Applebutter Hill Road – Mr. Nelson spoke in support of the cuts for the library and thanked the Board for being fiscally responsible.

Kim Bowden, 189 Hillside Drive – Ms. Bowden questioned the item on the agenda for warrantless arrests. Chairman Gutzmirtl offered to allow comments when that agenda item is presented.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl maintained that the Board would be fiscally responsible during these tough economic times. He went on to explain requests that were denied, wholly or in part to keep the budget at last year’s levels and not burden residents with a tax increase. Chairman Gutzmirtl maintained that the Board is flexible and can make adjustments as the economy turns around.

SUBDIVISIONS & LAND DEVELOPMENTS
None

MINUTES
None

COMMITTEE REPORTS
None

ORDINANCES
Ordinance No. 67-KK – Speed Limit on Flint Hill Road
Motion made by Mr. Horvath and seconded by Mr. Wagner to adopt proposed Ordinance No. 67-KK decreasing the speed limit on a portion of Flint Hill Road between Taylor Drive and Forest Drive from 40 MPH to 35 MPH.

The motion was adopted by a vote of 5 to 0.

RESOLUTIONS
Resolution No. 2009-48 – Adoption of 2010 Township Budget
Motion made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2009-48 approving the 2010 Township Budget.

The motion was adopted by a vote of 5 to 0.

Resolution No. 2009-49 – 2010 Tax Levy
Motion made by Mr. Horvath and seconded by Mr. Gilda to adopt Resolution No. 2009-49 fixing various tax rates for the year 2010, which will remain unchanged from the year 2009.

The motion was adopted by a vote of 5 to 0.

Resolution No. 2009-50 – 2010 Pay Plan
Motion made by Mr. Horvath and seconded by Mr. DeMatos to adopt Resolution No. 2009-50 establishing the 2010 Pay Plan for all Township employees.

The motion was adopted by a vote of 5 to 0.

Resolution No. 2009-51 – Amendment to Rules and Regulations Relating to Local Taxpayer Appeals
Motion made by Mr. Horvath and seconded by Mr. DeMatos to adopt Resolution No. 2009-51 amending previously adopted Resolution No. 98-22 to provide for the replacement of the joint Local Taxpayer Appeals Board with a Hearing Officer for local taxpayer appeals.

The motion was adopted by a vote of 5 to 0.

Resolution No. 2009-41 – Guidelines For Warrantless Arrests
Motion made by Mr. Wagner and seconded by Mr. DeMatos to adopt Resolution No. 2009-41 instituting guidelines for warrantless arrests for certain summary criminal offenses.

Solicitor Dimmich summarized the Resolution and explained why the Resolution is needed. He said the Resolution gives the police the authority to execute warrantless arrests in very limited circumstances.

Kim Bowden, 189 Hillside Drive, expressed her concern that the power to execute warrantless arrests could be abused.

The motion was adopted by a vote of 5 to 0.

MOTIONS
Request For Payment – Quinn Construction Company, Inc. – Certification No. 2
Motion made by Mr. Horvath and seconded by Mr. Gilda to authorize payment in the amount of $57,404.80 to Quinn Construction Company, Inc., for concrete repair work completed on the Aeration Tank at the Sewage Treatment Plant.

The motion was approved by a vote of 5 to 0.

Lease of Township-owned Property at 4865 W. Hopewell Road (Curly Horse Open Space)
Motion made by Mr. Horvath and seconded by Mr. Wagner to approve a lease agreement with Dennis Trexler which would allow for the growing, cultivation and harvesting of crops on Township-owned property at 4865 W. Hopewell Road and to authorize the Township Manager to execute said lease agreement.

There was discussion on allowing Mr. Trexler to farm the former Haring Property (7486 Passer Road), that the Township owns. Mr. Beil said there are certain tax implications that would make it very difficult to lease the former Haring property to a farmer. Mr. Beil indicated that the lease given to Mr. Trexler for 4865 Hopewell is exactly the same as last year’s lease. Mr. Wagner suggested investigating refinancing the underlying bond used to purchase the former Haring property. Mr. Beil will investigate this matter.

The motion was approved by a vote of 5 to 0.

Release of Funds – Assumption of BVM Church Land Development – Certification No. S-2
Motion made by Mr. DeMatos and seconded by Mr. Horvath to authorize the release of construction security in the amount of $2,750.00 for the Assumption of BVM Church Land Development in accordance with the Township Sewer Engineer’s recommendation made by letter dated November 4, 2009.

The motion was approved by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATION ITEMS
Memo dated December 4, 2009 from Thomas Young, Accounting Supervisor – Revised 2010 Minimum Municipal Obligation for Township Pension Plans and Firefighters Length of Service Awards Program (LOSAP).
Mr. Beil reviewed Thomas Young’s memo dated December 4, 2009, concerning the revised 2010 Minimum Municipal Obligation for Township pension plans and firefighters Length of Service Awards Program. The memo was for information purposes only and no action by the Board was required.

DIRECTION/DISCUSSION ITEMS
Employee Handbook
Chairman Gutzmirtl asked for additional time for the Board to review the Employee Handbook. Mr. Beil agreed, noting that the handbook was a recent addition to the agenda. Solicitor Dimmich explained changes in the new handbook, commenting that the handbook has been in the works for four years. Mr. Beil asked that the Board review the handbook and offer their suggestions over the following week so that the handbook could be approved at the Board of Supervisor’s meeting in January. Mr. Beil cited that a delay beyond January would complicate calculation and allocation of benefits described in the handbook.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid invoice List #12212009, dated 12/16/2009, for $200,653.09
Warrant List #12212009, dated 12/16/2009 for $495.00

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

The motion was adopted by a vote of 5 to 0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Thomas Nicoletti, Township Police Officer – Mr. Nicoletti thanked the Board for adopting Resolution No. 2009-41 instituting guidelines for warrantless arrests. He said Officer Fritts wanted to also thank the Board but was held up in traffic and could not attend the meeting.

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

The Board returned from executive session.

SETTLEMENT AGREEMENT AND RELEASE RESOLVING ALL LEGAL MATTERS BETWEEN MCGRATH HOMES AND THE TOWNSHIP
Motion made by Mr. Horvath and seconded by Mr. Wagner to approve the Settlement Agreement and Release between the Township and McGrath Homes resolving all outstanding legal matters between the parties and authorizing the appropriate Township officials to execute the agreement on behalf of the Township, subject to minor modifications to the agreement as deemed appropriate by the Township Solicitor.

The motion was adopted by a vote of 5 to 0.

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

The motion carried by a vote of 5 to 0.

______________________
Secretary