Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday December 26, 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
Ronald Gawlik, 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.”

PUBLIC HEARINGS
Southern Lehigh School District Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of the Southern Lehigh School District for the construction of a new elementary school building at 5550 Route 378. The subject property is located in the R2 Suburban Residential District and the Environmentally Sensitive Zone (ESZ). The applicant requests conditional use approval pursuant to Sections 502.B.3, 1402, 1403, and 1702 of the Township Zoning Ordinance.

Attorney Dimmich handled the proceedings on behalf of the Township. He began by reading Exhibits T-1 through T-7. He asked if any members of the public would like to comment during the hearing.

There was no response.

Attorney James Bartholomew was present to represent the Southern Lehigh School District. He asked that Exhibits S-1 and S-2 also be admitted into the record. He continued by addressing the recommendations contained in various letters submitted by the Township’s consultants and reviewing the details of the proposed plan.

Testimony was heard from Russell Benner, Professional Engineer of Schoor DePalma, Inc., on behalf of the School District.  Mr. Benner testified in support of the School District’s application for Conditional Use Approval.

Attorney Bartholomew and Bill Miracle, President of the Southern Lehigh School Board, answered questions posed by Chairman Wagner and Mr. Gutzmirtl about the current and anticipated future population of the School District, the capacity of the proposed facility, and the use of modular classrooms currently and in the future.

A motion was made by Mr. White and seconded by Mrs. White to approve the Conditional Use Application of the Southern Lehigh School District for the construction of a new elementary school building located at 5550 Route 378.

Mr. Beil suggested the motion be amended to include approval conditioned upon compliance with the two comments made in the August 8, 2006 SAIC review letter, Exhibit T-7.

Both Mr. and Mrs. White agreed to the amendment.

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

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

The motion carried by a vote of 5 to 0.

PUBLIC COMMENT
Public Comment is summarized as follows:

Donald Clum – Chelten Lane – Mr. Clum inquired about the details of an item listed in the 2007 Township Budget for $148,000 to be used towards a water storage tank capital project. He also commended the Township for the completion of the one (1) million gallon concrete water storage tank.  Mr. Clum commented on the Township’s plans to borrow 5 million dollars to preserve open space.  Mr. Clum said the voters should approve this borrowing by referendum.   

Mr. Beil briefly addressed Mr. Clum’s question regarding the water storage tank capital project line item.

SUBDIVISIONS AND LAND DEVELOPMENTS
Southern Lehigh Elementary School – Resolution No. 2006-59
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2006-59 conditionally approving the Preliminary and Final Land Development Plans and Lot Consolidation Plan of the Southern Lehigh School District for a new elementary school building located at 5550 Route 378.

Mrs. White was sympathetic to the need for additional facilities and was glad to see that the proposed buildings would be constructed to allow flexibility in terms of how they would be used. She was also in favor of the campus concept that the plan incorporated and commended the School District for their efforts in connection with the proposed plan.

Mr. Gutzmirtl was also in favor of the campus concept saying it would save dollars in the long run because of the flexible utilization of staff that it would allow. He asked, however, for an outline of the agreement referenced in the resolution pertaining to highway improvements.

Mr. Beil said the Agreement stipulates that the School District and the Township would equally share the costs for all engineering, legal, and construction fees relating to improvements at the intersection of Route 309 and Lanark and Camp Meeting Roads. Subject to PennDOT approval, he said, the improvements would include lane widening, relocation of a traffic signal, and changing the timing of the signal.

Attorney Dimmich also verified communication between his office and the School District’s solicitor and assured the Board that the agreement would be fully documented and enforced.

Mrs. White said PennDOT should be responsible for a portion of improvements made along Routes 309 and 378, since the biggest impact to both those highways over the past twenty (20) years was the construction of I-78.

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

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

The motion carried by a vote of 5 to 0.

The Crossroads Subdivision – Resolution No. 2006-58
A motion was made by Mrs. White and seconded by Mr. Gutzmirtl to adopt Resolution No. 2006-58 conditionally approving the Preliminary Subdivision Plan of Callowhill Construction Corporation for a thirty-three (33) unit residential subdivision on six (6) parcels, which in combination contain one hundred and seven (107) +/- acres in the vicinity of Locust Valley, Valley View, and Trolley Bridge Roads. The development would be located in Upper Saucon, Lower Milford, Springfield, and Milford Townships. The Upper Saucon portion would contain thirty-eight (38) acres, thirteen (13) single family dwellings, a storm water management facility, and 2,200 linear feet of roadways.

Mr. White asked why no mention was made in the resolution to a recreation fee or to the amount of prime versus non-prime land.

Mr. Beil said those items would be part of the Final Subdivision Plan.

Scott Guidos of Van Cleef Engineering Associates, who was present on behalf of the developer, pointed out that the development may be constructed separately and in no particular order due to the fact that plan approval must be obtained from each township for the portion of land that lies within it, as well as various other entities.

Mr. Gutzmirtl asked how many approvals the developer had received to date.

Mr. Guidos replied two (2) approvals have been received, one from Milford Township and the other from Springfield Township. As for Lower Milford Township, the Lehigh County Conservation District and PennDOT had several small issues that were being addressed by the developer so plan approval could be granted.

A brief discussion took place regarding the waivers that would be granted with plan approval.

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

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

The motion carried by a vote of 5 to 0.

MINUTES
None

COMMITTEE REPORTS
None

ORDINANCES
Proposed Ordinance No. 135 – Creation of an Environmental Advisory Council
A motion was made by Mr. Horvath and seconded by Mr. Gutzmirtl to adopt Ordinance No. 135 establishing an Environmental Advisory Council (EAC) and defining its functions and duties.

Mr. Horvath spoke in favor of the ordinance saying it would help the Township preserve and protect open space for future generations. He continued by thanking the Township staff and the Township Solicitor for their assistance in drafting the ordinance.

Mr. Gutzmirtl said even though something like this ordinance should have been put in place a lot sooner, he hoped the ordinance would set a new course for the Township putting in place avenues for preservation of land in the Township.

Mr. White said those that helped draft the ordinance should be commended for their work because it was a well-crafted document.

Chairman Wagner said the ordinance was well-overdue, and he looked forward to getting involved in preserving open space, as well as other environmental issues.

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

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

The motion carried by a vote of 5 to 0.

RESOLUTIONS
Resolution No. 2006-46 – 2007 Tax Levy
A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2006-46 fixing various tax rates for the year 2007, which will remain unchanged from the year 2006.

Mr. White noted that it was either the seventeenth (17th) or nineteenth (19th) year since the last tax increase. He said it was a testament to the diligence and hard work of the Township staff.

The motion carried by a vote of 5 to 0.

Resolution No. 2006-47 – 2007 Pay Plan
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2006-47 establishing the 2007 pay plan for all Township employees.

Mr. Beil said every employee would be receiving a cost of living raise of three and a half percent (3.5%).

The motion carried by a vote of 5 to 0.

Resolution No. 2006-44 – Adoption of 2007 Township Budget
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to adopt Resolution No. 2006-44 approving the 2007 Township Budget.

Mr. Gutzmirtl spoke to how the funds were made available for land acquisition, in conjunction with the creation of an Environmental Advisory Council, without levying a tax increase for 2007.

Mr. White said he would like to see a referendum question on open space before any of the budgeted funds are spent so taxpayers are aware of the expenditure and staff can gather their input.

Mr. Gutzmirtl said the residents had already expressed their desire to preserve open space by electing candidates that ran on that platform.

Mr. White said his concern was adequate communication with the residents, so they understood the details and were aware of the process behind open space preservation.

Mr. Horvath agreed with Mr. White saying one of the roles of the EAC would be to act a as a liaison between the Township and its residents.

To conclude the discussion, Attorney Dimmich explained the only open space referendum allowed by statute would ask whether the Township could fund the acquisition of open space through an increase in the Earned Income Tax. A referendum asking residents if they are in favor of or against open space preservation is prohibited.

Mr. White said she had requested such a referendum three (3) years prior, but nothing ever came of it.

Chairman Wagner wanted it known that open space and recreation space preservation and the purchasing of development rights lessens the future financial pressure on the School District, thus lessening real estate tax increases in the future.

Mr. Gutzmirtl said that fact was a significant part of the discussions surrounding the creation of and EAC and the preservation of open space.

The motion carried by a vote of 5 to 0.

Resolution No. 2006-48 – Budget Adjustment
A motion was made by Mr. Horvath and seconded by Mr. White to adopt Resolution No. 2006-48 approving Budget Adjustment #ADJ06-01 dated 12/26/06.

The motion carried by a vote of 5 to 0.

Resolution No. 2006-60 – Accepting Village Drive, Harvest Court, and Friedens Lane into the Township Road Network
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution 2006-60 accepting the deeds of dedication for the rights-of-way of Village Drive, Harvest Court, and Friedens Lane located within the Village of Valley Green Subdivision.

Mrs. White said the dedication approval was long overdue.

Mr. White advised the dedication be submitted as soon as possible to PennDOT so it could be calculated into the liquid fuels contribution for the upcoming year.

The motion carried by a vote of 5 to 0.

MOTIONS
Release of Funds – Summit at Saucon Valley (a/k/a Faith Ridge) – Certificate No. 4
A motion was made and seconded to authorize the release of construction security in the amount of $27,660.00 for the Summit at Saucon Valley Subdivision in accordance with Keystone Consulting Engineers’ recommendation made by a letter dated November 29, 2006.

The motion carried by a vote of 5 to 0.

Release of Funds – Weber & Dale Tracts Subdivision (a/k/a The Reserve) – Certificate No. 2
A motion was made and seconded to authorize the release of construction security in the amount of $190,388.67 for the Weber & Dale Tracts Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated December 13, 2006.

The motion carried by a vote of 5 to 0.

Release of Funds – Dun & Bradstreet – Certificate No. S-1
A motion was made and seconded to authorize the release of construction security in the amount of $3,510.00 for the Dun & Bradstreet Land Development in accordance with the Township Sewer Engineer’s recommendation made by letter dated December 19, 2006.

The motion carried by a vote of 5 to 0.

Request for Payment – N. Abbonizio Contractors, Inc.
A motion was made by Mr. White and seconded by Mrs. White to authorize payment in the amount of $216,290.61 to N. Abbonizio Contractors, Inc., for work completed on the South Branch Sewer Interceptor Relocation project.

Attorney Dimmich stated that the work had already received approval from both the Township’s Sewer Authority and Sewer Engineer.

Mrs. White said the Township’s Sewer Authority was very pleased with the work that was done, especially given the difficult area in which the work took place.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Correspondence from Lehigh County Association of Township Officials
Board members reviewed correspondence from the Lehigh County Association of Township Officials concerning the Winter Convention scheduled for January 12, 2007 at the Lower Macungie Township Community Center.

Mr. White, who serves as President of the Lehigh County Association of Township Officials, told fellow Board members what type of activities and events would be taking place at the convention. He said it would be a great opportunity for supervisors to network with officials from other municipalities in Lehigh County.

DIRECTION / DISCUSSION ITEMS
Request for Reimbursement from Mr. & Mrs. Maragulia
Attorney Dimmich provided the Board with an update regarding a letter from Mr. & Mrs. Maragulia requesting reimbursement from the Township for costs associated with identifying and correcting a problem with the public sewer connection at 2545 Ballybunion Road.

At the December 11, 2006 meeting, a motion had been tabled to authorize the Township to reimburse the Maragulia’s $9,709.96. Since that time, Mr. Beil told the Board, discussions had occurred between the Township and the Maragulia’s. The Township offered $3,000 to be paid in the form of credits to their sewer bill resulting in approximately six (6) years of unbilled sewer service. The Maragulia’s declined to accept that offer, but did agree to a reimbursement from the Township in the amount of $5,000.

A motion was made by Mrs. White and seconded by Mr. White to authorize the Township to reimburse the Margulia’s $5,000 for costs associated with identifying and correcting a problem with the public sewer connection at 2545 Ballybunion Road contingent upon the Maragulia’s signing a release that would prevent them from filing any future claims against the Township.

Mr. White felt that $5,000 was a reasonable amount seeing as they had actually incurred costs of nearly $10,000 that were substantiated by documentation.

Mr. Horvath pointed out, however, that as noted in prior discussions of the matter, the Township was only one (1) of at least three (3) parties that could be held liable for the situation.

Attorney Dimmich then explained the legal options available to the Board for recouping the $5,000 if the motion passed.

Mr. Gutzmirtl was concerned that reimbursing the Maragulia’s could be perceived as accepting fault for the situation when other entities were involved and should be held accountable. He also feared that the Township would have a hard time recouping the money because of that perception. He wondered if it would be better for the Maragulia’s to pursue the matter with regards to the other entities involved and the Township deny their reimbursement request.

Attorney Dimmich said from a legal standpoint, the best way to handle the situation was to deny reimbursement by the Township and allow the Maragulia’s to pursue reimbursement from all responsible parties.

Board members briefly discussed the process by which the Maragulia’s would proceed, how their legal pursuit would affect the Township, what the Township’s responsibilities would be as a party named in the legal proceedings, and the potential cost to the Township to go that route.

Mr. Gutzmirtl said he would like to wait until the first regular meeting in January when the Maraguila’s are in attendance to hold an executive session to discuss specific dollar amounts.

Attorney Dimmich said that since the Margulia’s have legal representation, all negotiations must take place through their counsel.

Mr. Beil suggested holding an executive session after the January 2, 2007 reorganization meeting in preparation for the January 8 meeting.

Mrs. and Mr. White then withdrew their motion and second respectively.

Further discussion of the Maragulia matter would take place at a later date, possibly in an executive session.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #12262006 dated 12/19/2006……..$81,994.68
Warrant List #12262006 dated 12/19/2006……………..$83,674.50

A motion was made by Mrs. White and seconded by Mr. Gutzmirtl to authorize payment of the Prepaid Invoice List and Warrant List #12262006 dated 12/19/2006.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Meeting Schedule for 2007

Mr. Beil requested input from Board members on the 2007 Meeting Schedule for the Board of Supervisors meetings.

Mr. White said he was fine with the meeting schedule as it was in 2006.

Attorney Dimmich said the only day that he would ask supervisors to avoid would be the first Monday of the month.

Mr. Gutzmirtl said he would like to see a meeting schedule where all five (5) Board members could attend on a consistent basis.

Chairman Wagner said the second (2nd) Monday and fourth (4th) Tuesday schedule was suitable for him, and that he would prefer to keep the 6:00 p.m. start time.

Mr. Beil said he would post the meeting schedule on the January 2 reorganization meeting agenda using the same guidelines that were used for the 2006 Meeting Schedule.

COURTESY OF THE FLOOR
Bob Tettemer – Glen Road – Mr. Tettemer commended the Board for creating the Environmental Advisory Council though he felt it should have been done forty (40) years ago. He also recognized Mr. Horvath for his perfect attendance during his first (1st) year as a supervisor.

Pat Young – 6525 New Street – Mrs. Young was happy to see the Township make a move toward preserving the rural nature of the Township by approving the Environmental Advisory Council.

EXECUTIVE SESSION
None

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

The motion carried unanimously.

                                                                       
Secretary