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Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, December 23, 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
       
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
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
None

CHAIRMAN’S REMARKS
Chairman Gutzmirtl detailed some of the accomplishments made by the Township in 2008 as follows:

  • No real estate tax increase for 2009, which was the 20th consecutive year, despite significant tax increases in surrounding municipalities, such as Coopersburg and Emmaus Boroughs, and Lower Milford and Forks Townships.
  • The recertification of the Township’s Safety Committee that produced a reduction in Workers’ Compensation costs.
  • A draft Official Township Map which hopefully will be adopted by March 2009.
  • A $6,100 contribution to the Southern Lehigh Community Pool Association to assist them in continuing to operate the facility.
  • A speed limit reduction to 30 mph on Blue Church Road.
  • The appointment of new Trustees for the pension plans.
  • The appointment of a new Auditor.
  • Initiated plans for new park in western half of the Township.
  • Increased recreation fees paid by developers.
  • Installation of new flashing school zone speed limit signals on Hopewell Road.
  • The successful organization of the annual Family Fun Day and Summer Concert Series.
  • The first-ever Boy Scout camping event in the Township Park, which was a great success.
  • Installation of new traffic signal at Lanark and Saucon Valley Roads.
  • Township made a significant contribution toward the purchase of a new aerial scope fire truck.
  • The dismissal of several lawsuits filed by McGrath and Locust Valley Golf Course.
  • The construction of a new tot lot at Township Park.
  • Various drainage and road improvements.
  • An upgrade of the Colonial Crest water supply facility.
  • The preservation of 25 acres located at 7600 Blue Church Road South.
  • The purchase of a projection system in meeting room which allows residents to better understand the items discussed during public meetings.

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
None

MINUTES
None

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2008-28 – Adoption of 2009 Township Budget
A motion was made by Mr. Wagner and seconded by Mr. Gilda to adopt Resolution No. 2008-28 approving the 2009 Township Budget.

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

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

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

Resolution No. 2008-29 – 2009 Tax Levy
A motion was made by Mrs. White and seconded by Mr. Wagner to adopt Resolution No. 2008-29 fixing various tax rates for the year 2009, which will remain unchanged from the year 2008.

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

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

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

Resolution No. 2008-35 – 2009 Pay Plan
A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Resolution No. 2008-35 establishing the 2009 Pay Plan for all Township employees.

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

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

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

Designation of Expanded Keystone Opportunity Zone at Stabler Center

Resolution No. 2008-43 – Expansion of Keystone Opportunity Zone
A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Resolution No. 2008-43 approving the designation of a 7.09 acre tract of land located at 3477 Corporate Parkway in Stabler Center as an expanded Keystone Opportunity Zone and exempting said area from the imposition of certain Township taxes.

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

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

The motion carried by a vote of 3 to 0, with 1 abstention by Mr. Gilda and Mr. Horvath absent.

Resolution No. 2008-44 – Extension of Timeframe for Tax Benefits Applicable to Expanded Keystone Opportunity Zone
A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Resolution No. 2008-44 extending the timeframe for the waiver of Township taxes applicable to the 7.09 acre property at 3477 Corporate Parkway, which is located in the proposed expanded Keystone Opportunity Zone.

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

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

The motion carried by a vote of 3 to 0, with 1 abstention by Mr. Gilda and Mr. Horvath absent.

Resolution No. 2008-42 – Open Records Policy
A motion was made by Mrs. White and seconded by Mr. Gilda to adopt Resolution No. 2008-42 establishing a new Open Records Policy for processing requests to examine and/or copy public records held or maintained by Upper Saucon Township.

Chairman Gutzmirtl said changes had been made between the resolution sent to supervisors prior to the meeting and the resolution distributed that night. He requested a brief explanation of the changes and a reason for why the changes were made.

Mr. Beil told the Board the changes were recommended by the Township Solicitor’s office. He then supplied a short review of each change section by section.

Attorney Dinkelacker clarified the waiver of copyright protections provision contained in Section 13 and how it would be used to protect the Township.

Mr. Beil added the Township already had an Open Records Policy, however, the resolution before the Board would update the current policy to comply with the recent amendments to the Right-To-Know Law adopted by the State Legislature.

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

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

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

MOTIONS
Polling Place Agreement With Lehigh County
A motion was made by Mr. Wagner and seconded by Mrs. White to approve an agreement with Lehigh County designating the Upper Saucon Township Municipal Building as a polling place for future elections and authorizing the Township Manager to execute said agreement on behalf of the Township.

Mr. Wagner hoped the polling place could be moved in the future because of serious parking issues at the municipal building. He asked Beil to look into utilizing DeSales University in the future.

Chairman Gutzmirtl agreed that during presidential elections all the polling places get overcrowded, and it would be worth looking to the local school district as a possible polling place. He requested Mr. Beil engage the School District in a conversation regarding the issue.

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

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

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

Release of Funds - Epernay Subdivision - Certification No. T-1
A motion was made by Mr. Gilda and seconded by Mrs. White to authorize the release of construction security in the amount of $51,388.87 for the Epernay Subdivision in accordance with the Alternate Township Engineer's recommendation made by a letter dated October 2, 2008.

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

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

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

Request for Payment - Structural Maintenance Systems, Inc. - Certification No. 4
A motion was made by Mr. Wagner and seconded by Mr. Gilda to authorize payment in the amount of $87,196.50 to Structural Maintenance Systems, Inc., for repair work completed on the Secondary Clarifier at the Sewage Treatment Plant.

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

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

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

Request for Payment - Kuharchik Construction, Inc. - Certification No. 2
A motion was made by Mr. Wagner and seconded by Mrs. White to authorize payment in the amount of $7,966.23 to Kuharchik Construction, Inc., for work completed on the flashing school zone warning signals at Hopewell Elementary School.

Mr. Wagner asked if this was the final payment except for the 5% that would be retained.

Mr. Harman replied, yes the project was complete other than some site restoration that could not be completed under the current weather conditions.

Mr. Wagner said he was very disappointed that the electric lines running to the school zone warning signals were installed aboveground instead of underground.  In the future, he would like to see all similar installations be underground.

Chairman Gutzmirtl asked who decided whether or not the electric lines would be underground.

Mr. Harman said it was PP&L’s decision, and he would contact them regarding their decision.

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

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

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #12232008 dated 12/19/2008……...$ 95,928.05
Warrant List #12232008 dated 12/19/2008……………..$338,911.07

A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant #12232008 dated 12/19/2008.

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

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

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

ADDITIONAL BUSINESS
Addendum to Traffic Agreement Between School District and Township
A motion was made by Mr. Wagner and seconded by Mr. Gilda to approve the Addendum to the Traffic Improvements Cost-sharing Agreement between the School District and the Township relating to road improvements at the Route 309 and Lanark Road intersection.

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

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

The motion carried by a vote of 3 to 0 to 1, with Mr. Horvath absent. Mrs. White abstained saying she was not comfortable with the addendum.

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

ADJOURNMENT
A motion was made by Mr. Gilda and seconded by Mr. Wagner to adjourn the meeting at 6:51 p.m.

The motion carried by a vote of 4 to 0, with Mr. Horvath absent.

                                                                       
Secretary

Disclaimers and Legal Information