2006

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					2 March 2006                                 Page 1. 87.

LOWER MACUNGIE TOWNSHIP BOARD OF SUPERVISORS MINUTES.

The first meeting of March of the Board of Supervisors of Lower Macungie Township
was held on 2 March 2006 in the Township Building, 3400 Brookside Road, Macungie
PA 18062. The meeting was called to order by Chairman DeAngelis at 7:36p.m. Also
present were Vice-Chairman Dennis J. Hinkel, Supervisor Margaret Szulborski,
Township Engineer William A. Erdman, Township Solicitor Blake C. Marles and
Township Secretary Lavona M. Baatz.

3. Announcements

   A. Lower Macungie Township Board of Supervisors meetings are electronically
      monitored. Recordings are maintained as part of the record of the meeting until
      the minutes are transcribed and approved by the Board.

   B. The public is invited to comment on agenda items prior to the Board taking any
      official action. To comment on items not on the agenda, please print your name,
      address and subject matter in the book provided at the front table.

   C. The following Boards have vacancies:

       Historical Commission
       Parks and Recreation Board
       Public Safety Commission

4. Open to the Floor for Non-Agenda Topics - at the discretion of the Chairman

5. Secretary’s Report

   A. Minutes

       K. DeAngelis made a motion, seconded by D.J. Hinkel to approve the minutes of
       the 15 December 2005 meeting –
       When the Chairman asked for the vote Supervisor Szulborski requested that Page
       8 of the minutes under the Broker of Record letter felt that her intent did not come
       over correctly in the minutes and stated that her intent was – “To ask the question
       whether or not once we gave the broker a record letter to the two (2) individuals
       that were listed on the sheet – would that automatically eliminate our other
       brokers? I was led to believe that it would not, but indeed I found out that next
       day that it would – so therefore, I would like my intent put across in those
       minutes”,

       and passed unanimously, to approve the minutes of the 15 December 2005
       meeting with the requested correction.
LMT Board of Supervisors Minutes,                  3-2-2006                      P.2.88.

      Action deferred on the minutes of the 19 January 2006, 2 February 2006 and the
      16 February 2006 meetings.

6. Treasurer’s Report

   A. Bills

      K. DeAngelis made a motion, seconded by M. Szulborski and passed
      unanimously, to authorize payment of bills from the General Fund in the amount
      of $264,016.52 and from the Sewer Fund in the amount of $60,362.06 and from
      the Solid Waste Fund in the amount of $137,532.45.

   B. Contracts

      a. Elimination of Country Downs Sewage Pump Station
         Hidden Valley Road Sanitary Sewer Extension
         East Texas Road Storm Sewer Improvements
         Mill Creek Road Sanitary Sewer Extension
         Payment # 5

         Action deferred from the 16 February 2006 meeting.

         K. DeAngelis made a motion, seconded by M. Szulborski and passed
         unanimously, to authorize Payment # 5 to Marks Contracting, Ltd. in the
         amount of $10,049.11 for the above stated contract pending receipt of the
         appropriate wage certs.

      b. Elimination of Country Downs Sewage Pump Station
         Hidden Valley Road Sanitary Sewer Extension
         East Texas Road Storm Sewer Improvements
         Mill Creek Road Sanitary Sewer Extension
         Change Order # 2

         Per W.A. Erdman stated that this was authorized. Although listed on the
         Recommendation of Payment $ 5, Township files have no record of Change
         Order # 2.

      c. HVAC
         Payment # 2

         D.J. Hinkel made a motion, seconded by K. DeAngelis and passed
         unanimously, to authorize Payment # 2 to N.B Rogers Inc. in the amount of
         $48,555.00 for the HVAC Contract for 3400 Brookside Road pending receipt
         of the appropriate wage certs.
LMT Board of Supervisors Minutes,                   3-2-2006                     P.3.89.

      d. HVAC
         Change Order # 1

         D.J. Hinkel made a motion, seconded by K. DeAngelis and passed
         unanimously, to authorize Change Order # 1 dated 22 February 2006 in the`
         amount of $2300.00 for revisions to the proposed piping to add valves, tees
         and flanges and a credit for the elimination of new wire.

      e. Painting Township Offices - 2006

         Pursuant to advertising in the 15 and 18 February 2006 editions of the East
         Penn Press:

         Pursuant to the following bids opened publicly on 28 February 2006 at
         approximately 3:00p.m.:

         Sobrinski Painting Inc.
         128 North Eleventh Street
         Allentown PA 18102
         In the Amount of $58,060.00 (base price)
         With a $500.00 Bid Bond (check # 9806)

         Pursuant to a review and recommendation from L. Lichtenwalner dated
         1 March 2006:

         D.J. Hinkel made a motion, seconded by M. Szulborski and passed
         unanimously, to award the contract to Sobrinski Painting Inc. in the amount of
         $58,060.00 for painting the Township offices, reserving the right to procure
          more or less on an as-needed basis.

      f. Grass Cutting/Weed Control at Various locations - 2006

         Pursuant to advertising in 15 and 18 February 2006 editions of the East Penn
         Press:

         Pursuant to the following bids opened publicly on 28 February 2006 at
         approximately 3:00p.m.:

         Scenic View Landscaping
         6302 Sweetwood Drive
         Macungie PA 18062
         In the Amount of $44,700.00
         With a $500.00 Bid Bond (Check #1666)
LMT Board of Supervisors Minutes,                  3-2-2006                      P.4.90.

         Aurora Landscape & Lawn Care
         222 North Street
         Emmaus PA 18049
         In the Amount of $40,645.00
         With a Bid Bond

         Estate Maintenance
         7555 Alburtis Road
         Macungie PA 18062
         In the Amount of $27,000.00
         With a $500.00 Bid Bond (Check # 43221)

         Pursuant to a review and recommendation from L. Lichtenwalner dated 1
         March 2006:

         D.J. Hinkel made a motion, seconded by K. DeAngelis and passed
         unanimously, to award the contract to Estate Maintenance in the amount of
         $27,000.00 for grass mowing and trimming at specific locations within the
         Township, while reserving the right to procure more or less on an as-needed
         basis.

      g. Bituminous Road Materials and Crushed Stone Contract - 2006

         Pursuant to advertising in 15 and 18 February 2006 editions of the East Penn
         Press:

         Pursuant to the following bids opened publicly on 28 February 2006 at
         approximately 3:00p.m.:

         Eastern Industries, Inc.
         4401 Camp Meeting Road
         Center Valley PA 18034
         In the Amount of $21,675.00 for bituminous concrete paving materials
                           $ 8,100.00 for emulsified asphalt (E-3M)
                           $21,670.00 for crushed stone materials
         With a two (2) year expiration with third year renewal option (price adjustment
            clause)
         With a 10% Bid Bond

         Pursuant to a review and recommendation from L. Lichtenwalner dated 1
         March 2006:

         K. DeAngelis made a motion, seconded by M. Szulborski and passed
         unanimously, to award the contract to Eastern Industries, Inc. in the amount of
LMT Board of Supervisors Minutes,                  3-2-2006                     P.5.91.

          $21,675.00 for bituminous concrete paving materials, $8,100.00 for emulsified
          asphalt (E-3M) and $21,670.00 for crushed stone materials with the
          Township reserving the right to purchase more or less on an as needed basis.

ADDITION TO THE AGENDA

1) Community Center Cleaning

   Chairman DeAngelis became aware that the Township is using a cleaning service at
the Community Center that exceeds the Bid perimeters.

Chairman DeAngelis requested that he directed L. Lichtenwalner to prepare specs and
then advertise for quotes.

   C. Phone Quotes

       a. Nextel Antenna

          The Township presently uses Nextel phones and in order to improve
          communications inside the complex:

          M. Szulborski made a motion, seconded by D.J. Hinkel and passed
          unanimously, to authorize the installation of an antenna on the Township
          Building at 3400 Brookside Road, with the cost not to exceed $4,00.00.

7. Planning Department Report

   A. Development Activities for Formal Action

       a. Olympic Ridge
          Final Plan
          Planning Model Exemption
          LMT 05-011
          KCE (LMT 05-031)

          K. DeAngelis made a motion, seconded by M. Szulborski and passed
          unanimously, to authorize the execution of the Planning Module Exemption
          form for the Olympic Ridge Subdivision.

      b. CGSM Land Development
         (Wescosville Medical Center, Lot # 2)
         4977 Medical Center Circle
         Land Development – Adult Education School (Cosmetology School)
         Preliminary/Final Plan
LMT Board of Supervisors Minutes,                   3-2-2006                       P.6.92.

         Application date 19 October 2005
         LMT 05-025
         KCE (LMT 05-055)

         Gary Menzies, Chad Schneider and Jason Buchta were before the Board

         Per W.A. Erdman the storm drainage for this project is fine.

         M. Szulborski made a motion, seconded by D.J. Hinkel and passed
         unanimously, to grant waivers from SALDO 749.1 – (sidewalks along the
         frontage of Medical Center Circle) with the understanding that the applicant
         will place a note on the record plan indicating a willingness to install sidewalks
         upon request by the Board of Supervisors, pursuant to the applicant’s
         engineer’s letter dated 24 January 2006.

         M. Szulborski made a motion, seconded by D.J. Hinkel and passed
         unanimously, to adopt Resolution 2006-19, granting Preliminary/Final approval
         to CGSM Development LLC for the land development (adult education school
         - Cosmetology School) located at 4972 Medical Center Circle, dated 19
         October 2005, last revised 24 January 2006, pursuant to the Zoning Hearing
         Board Appeal #05-27 and the conditional recommendation by the Planning
         Commission.

Supervisor Szulborski left the room.

      c. East Penn School District
         Conditional use application

         K. DeAngelis made a motion, seconded by D.J. Hinkel and passed by a
         majority, to authorize the execution of the decision of the Board of Supervisors
         for the Conditional Use Application of the East Penn School District.

      d. Jubilee Camp Facility
         Church of God

Supervisor Szulborski returned during the discussions.

         R. Horn, Treasurer informed the Board that the applicant still had a $200.00
         traffic contribution, a $4400.00 recreation contribution outstanding.

         W.A. Erdman reinformed the Board there was still some issues regarding
         ownership (the old railroad/trolley right of way along with several other minor
         property line questions). Although their Engineer Bud Newton was to be
         handling the items, W.A. Erdman indicated that he did not know how easy it
LMT Board of Supervisors Minutes,                    3-2-2006                       P.7.93.

         would be resolve. Without this resolution, the plan had not been recorded and
         the applicant had been permitted to move forward.

         Lastly, Keystone was working with the applicant to resolve the buffer
         requirements, namely in the area where the arborvitae were not staying alive by
         permitting the installation of a fence.

         Additionally, all temporary certificates of occupancy had administratively been
         reissued as permanent certificates.

         By consensus, the Board directed Keystone Consulting to forward a letter to
         Jubilee Camp indicating that there are no funds to release until all the issues are
         resolved.

   B. Policy-Direction

      None.

8. Public Works Department

   A. Old Business Public Works

      None.

   B. New Business Public Works

      None.

9. Personnel Items

  A. Hiring of New Employees

      a. Public Works (Parks) Department

         Pursuant to offering and acceptance of the offer.

         D.J. Hinkel made a motion, seconded by K. DeAngelis and passed
         unanimously, to hire Kevin R. Stump as a Public Works (Parks) full time
         employee, as per the 2005 Collective Bargaining Agreement between Lower
         Macungie Township and the International Brotherhood of Teamsters of
         America, Local #773, effective 6 March 2006.

   B. Request for Deviation of Work Schedule
LMT Board of Supervisors Minutes,                   3-2-2006                      P.8.94.

       See Memo dated 1 March 2006 from L. Baatz

       K. DeAngelis made a motion, seconded by D.J. Hinkel and passed unanimously,
       to authorize L. Baatz to deviate from the normal work schedule until our new
       cleaning personnel as documented in her memo dated 1 March 2006.

10. Other Business

  A. Old Business

      a. Lt. Turk

         Request by Lt. Turk to come before the Board to update the Township on DUI
         incidents within Lower Macungie Township.

         Due the inclement weather, Lt. Turk was requested to defer the presentation
         until the 16 March 2006 meeting.

      b. Route 222 Project
         Property acquisition at Spring Creek Road/Trexlertown Road (old Route 100)

        For the Record

        The Township received notification 13 February 2006 from PennDot, Kenneth
        Kutchinsky, stating that the Township would be given “Right of First Refusal”
        for the above stated parcel(s). No determination has been made by PennDot at
        this point in time if the parcel will be considered excess for disposal purposes.

       c. 10 February 2006 letter
          Attorney Marles – Farmland Preservation Contribution

         Attorney Marles had been contacted by the Jeffrey Zehr regarding if the
         Township was still willing to consider a contribute $1,000/A as per the
         adoption of Resolution 2005-42 on 4 August 2005 (which was for development
         rights).

         By consensus, the Board concurred with the request.

         Additionally, Chairman DeAngelis requested that Vice-Chairman Hinkel
         direct either L. Lichtenwalner or Regan Korver to pursue a “Growing Greener”
         application for funding from Lehigh County.

       d. Walnut Street Issue
          Lick’s & Hunsicker’s
LMT Board of Supervisors Minutes,                 3-2-2006                      P.9.95.

         Attorney Marles letter dated 23 February 2006 requesting discussion.

         Attorney Marles’ informed the Board that the agreement between the
         Hunsickers and the Licks is inconsistent with the Zoning Decision. The Licks
         have been granted more rights than they were given the Zoning rules.

         By consensus, the Board authorized Attorney Marles’ to attend the Zoning
         Hearing Board meeting on behalf of the Township.

  B. New Business

      a. Additional Depository
         Resolution 2006-20

         Pursuant to a recommendation by Township Treasurer Roe Horn:

         K. DeAngelis made a motion, seconded by M. Szulborski and passed
         unanimously, to adopt Resolution 2006-20, designating Commerce Bank as an
         additional depository for Lower Macungie Township.

      b. Use of Church Lane Park

         A letter was received by Lower Macungie Township requesting use of Church
         Lane Baseball fields for both Varsity and JV Baseball beginning 6 March 2006
         from 3:00p.m. to 6:00p.m. Mondays thru Fridays and 10:00a.m. to 2:00p.m. on
         Saturdays.

         Supervisor Szulborski noted that some controversy has arisen regarding
         charging the LaCrosse Group(s) for field use when the Baseball groups are
         not charged.

         The Board directed Roe Horn to call the Borough of Emmaus to see if they
         charge the School District for the use of any of their fields.

         Upon receipt of that information, Vice-Chairman Hinkel will respond to the
         School District

         L. Baatz noted For the Record that at one time a “Release and Hold Harmless
         Agreement” had been required to be executed for at least some years between
         the School District and Lower Macungie.

      c. Concert Schedule - 2006

         K. DeAngelis made a motion, seconded by D.J. Hinkel and passed
LMT Board of Supervisors Minutes,                    3-2-2006               P.10.96.

          unanimously, to authorize the following concert schedule for 2006:

          14 May 2006         Macungie Band                 Prater Park     3:00/4:00p.m.
           8 July 2006        Marine Band of Allentown      East Texas      7:00/8:00p.m.
           5 August 2006      Pioneer Band of Allentown     East Texas      7:00/8:00p.m.

      d. Fee Schedule Amendment
         Resolution 2006-21

          Deferred from the 16 February 2006 meeting.

          K. DeAngelis made a motion, seconded by M. Szulborski and passed
          unanimously, to adopt Resolution 2006-21, amending Section 16. (all
          locations) to change the “Cost for Township Clerical time from $25.00/hour to
          $30.00/perhour.

      e. 22 February 2006 letter
         Ira Lehrich – Indian Creek Storage

          General discussion on Ira Lehrich’s request to connect to the proposed sewer
          line for the Jarrett Farm Subdivision. The Board will not take action until
          official drawings are received by the Township and authorized L. Baatz to
          inform Mr. Lehrich.

ADDITIONS TO THE AGENDA.

1) Job Offer
   Public Works

   D.J. Hinkel made a motion, seconded by M. Szulborski and passed unanimously, to
authorize submitting a letter to Scott Scheirer offering him a full time position in the
Public Works (Roads) Department.

2) Property Assessment – 3450 Brookside Road

   Deferred from the 16 February 2006 meeting.

  Attorney Kratz filed an Appeal within the prescribed time frame on behalf of the
Township.

    After discussion, the Board by consensus authorized Attorney Marles’ office to do a
presentation to the County as to why this parcel should not be taxed.

3) Smith Lane
LMT Board of Supervisors Minutes,                  3-2-2006              P.11.97.

  A general discussion evolved regarding the request for the Township to provide some
monies toward the upgrade.

Deferred to the 16 March 2006 meeting.

The Board resolved into Executive Session at 8:40p.m. to discuss personnel issues. No
action anticipated.

The Board did not reconvene.



Lavona M. Baatz, CGS, CMC
Township Secretary

BOS:lmb

These Minutes were approved during the 20 April 2006 BOS meeting.

				
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