5 January 2004

LOWER MACUNGIE TOWNSHIP BOARD OF SUPERVISORS MINUTES.

The meeting was called to order by Marge Szulborski at 4:34p.m.

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

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.

The Board recognized the newly elected Supervisor Dennis J. Hinkel and recognized the outgoing Supervisor William R. Mayo.

2. M. Szulborski made a motion, seconded by D. Hinkel and passed unanimously, to appoint Ken DeAngelis as temporary Chairman.

3. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Lavona M. Baatz as temporary Secretary.

4. Reorganization

K. DeAngelis made a motion, seconded by M. Szulborski and passed unanimously, to elect K. DeAngelis as Chairman.

K. DeAngelis made a motion, seconded by D. Hinkel and passed unanimously, to elect M. Szulborski as Vice-Chairman.

K. DeAngelis made a motion, seconded by M. Szulborski and passed unanimously, to appoint Lavona M. Baatz, Secretary.

5. Roll Call

Chairman Kenneth DeAngelis, Vice-Chairman Marge Szulborski, Supervisor Dennis J. Hinkel, Township Solicitor Blake C. Marles and Township Secretary Lavona M. Baatz.

The Board went to Item # 32.

6. Pennsylvania State Association of Township Supervisors Convention

K. DeAngelis made a motion, seconded by D. Hinkel and passed unanimously, to authorize Margaret Szulborski, Kenneth DeAngelis, Dennis J. Hinkel, Lavona M. Baatz, Lee Lichtenwalner, James Andrews, Paul Lind, Dean Mohr and David Terfinko to attend

LMT Board of Supervisors Minutes, 1-5-2004 P. 2. 32.

the 2004 Pennsylvania State Association of Township Supervisors Convention 18-21 April 2004 in Hershey, PA and that Marge Szulborski will be the voting delegate.

7. Approve employee title schedule, compensation and holidays.

K. DeAngelis made a motion, seconded by M. Szulborski and passed unanimously, to approve the following employee title schedule, compensation and holidays:

Director of Finance and Administration/ Township Treasurer Township Secretary Administrative Assistant/Assistant Treasurer Finance & Administration Earned Income Tax Officer Administrative Assistant/EIT Office Permits Coordinator Sewage Enforcement Officer/Plumbing Inspector Electrical Inspector Building Inspector Receptionist – Part Time Receptionist – Part Time Director of Public Works Crew Chief Public Works Crew Chief Public Works Crew Chief Public Works Public Works Employee Public Works Employee Public Works Employee Public Works Employee Public Works Employee Public Works Employee Public Works Employee Public Works Employee Public Works Employee – Part Time Director of Community Services & Sewer Department Community Center – Part Time/Snack Bar -Seasonal Community Center - Part Time Community Center - Part Time Community Center - Part Time Community Center - Part Time Sewer Department Administrative Assistant/ Assistant Treasurer Project Manager/Contracts Manager Administrative Assistant/Receptionist Kenneth DeAngelis Lavona M. Baatz Rosemary Horn Kathy O’Brien Paulette Galiardo Sharon Colson Guy Bieber William Calse George Caldarelli Janet Virmalo Carolyn Hausmann Dennis J. Hinkel David Terfinko Dean Mohr James Andrews George Beitler Glen Eberwein Scott Lichtenwalner Stephen Majerich Charles Mase Kenneth Miller Steven Miller John Trumbauer Gene Butz Margaret Szulborski Ron Kogelman Tina Caldarelli Kathy Caldarelli Joseph Barna Michael Ferreira Gretchen Maguire-Pearl Lee A. Lichtenwalner Denise Foulke

LMT Board of Supervisors Minutes, 1-5-2004 P. 3. 33.

Crew Chief Sewer Department Paul Lind Sewer Department Employee Mark Danishefsky Sewer Department Employee Brian Renninger

FOR THE RECORDS

All employees remain employees-at-will, and are to receive compensation as approved in the 2004 Township budget. Non-Bargaining unit employees are to receive employee benefits for 2004 as outlined in the “Employee Personnel Manual” adopted 18 May 1989, pursuant to Resolution 1989-54 and as amended. Bargaining unit employees are to receive benefits for 2004 as outlined in the Collective Bargaining Agreement between Lower Macungie Township and the International Brotherhood of Teamsters of America, Local 773, dated 1 January 2002.

FOR THE RECORDS

The elected Board of Auditors will set the salary for the members of the Board of Supervisors.

K. DeAngelis made a motion, seconded by M. Szulborski and passed unanimously, to adopt the following 2004 Holiday Schedule:

New Year’s Day 1 January 2004 President’s Day 16 February 2004 Good Friday 9 April 2004 Memorial Day 31 May 2004 Independence Day 5 July 2004 Labor Day 6 September 2004 Columbus Day 11 October 2004 Thanksgiving Day 25 November 2004 Day after Thanksgiving 26 November 2004 Christmas 24 December 2004 Monday after Christmas 27 December 2004 Your Birthday Floating

8. Appoint Code Enforcement Officials

K. DeAngelis made a motion, seconded by D. Hinkel and passed unanimously, to appoint all Township Employees as Code Enforcement Officials as it relates to enforcement of codes and regulations adopted by Lower Macungie Township.

9. Appoint Solicitors and Zoning Officer

LMT Board of Supervisors Minutes, 1-5-2004 P. 4. 34.

M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint the following professionals to serve Lower Macungie Township: - Blake C. Marles, Esquire as Township Solicitor - Donald W. Miles, Esquire as Planning Commission Solicitor - Brian Joyce, Esquire as Zoning Hearing Board Solicitor - Donald W. Miles, Esquire as Alternate Township Solicitor - John Ashcraft, Esquire as an Alternate Township Solicitor, Alternate Planning Commission Solicitor Alternate Zoning Hearing Board Solicitor - David Knerr, Esquire as Alternate Zoning Hearing Board Solicitor - Ron Williams, Esquire as an Alternate Township Solicitor - Jim Snyder, Esquire as an Alternate Township Solicitor - Donald Wieand, Esquire as an Alternate Township Solicitor - Frederick A. Polner, Esquire as an Alternate Township Solicitor for Cable TV issues - Donald Wieand, Esquire as an Alternate Township Solicitor for the Fieldstone issue - James Lancsek, Zoning Officer

10. Appoint Engineer

K. DeAngelis made a motion, seconded by M. Szulborski and passed unanimously, to appoint Keystone Consulting Engineers, Inc. as Township Engineer and the

Administrators of the Planning and Zoning functions of Lower Macungie Township.

11. Recognize Fire Chief Appointment

D. Hinkel made a motion, seconded by K. DeAngelis and passed unanimously, to accept the appointment of Benjamin Galiardo as the Fire Chief of Lower Macungie Fire Department.

Additionally – Pursuant to a request from the Lower Macungie Fire Department to provide an enforcement person:

D. Hinkel made a motion, seconded by K. DeAngelis and passed unanimously, George Caldarelli was appointed to be the code enforcement officer for the False Alarm Ordinance.

12. Appoint Fire Police - 2004

Pursuant to a recommendation from the Captain of the Fire Police and the Fire Chief of Lower Macungie Fire Department:

LMT Board of Supervisors Minutes, 1-5-2004 P. 5. 35

M. Szulborski made a motion, seconded by K. DeAngelis and passed by a majority, to appoint Richard E. Danner, John Bergstresser, Donald Dries, Byran Bassett, Dennis J. Hinkel, Tracey Barnes, George Caldarelli, Michael DelRe, Craig Eckrode, Richard

Featherman, Dale Frizzell, Jon Kayes, Christoper Peters, Robert Heller and Paul Cottone as members of the Fire Police of Lower Macungie Township, but in no event beyond the date of the reorganizational meeting of the Board of Supervisors in January of 2005 at an hourly rate of $11.00 when their services are required by Lower Macungie Township and additional as Members at Large are Alfred Hartzell, Raymond Huber and Forrest Hinkel. D. Hinkel abstained due to his membership.

13. Recommend Treasurer Bond and Assistant Treasurer and Administrative Assistant/Assistant Treasurer/Bonds for 2004.

K. DeAngelis made a motion, seconded by M. Szulborski and passed unanimously, to set the Treasurer Bond at $1,000,000.00 and the Assistant Treasurer and Administrative Assistant/Assistant Treasurer Bonds at $500,000.00 for 2004.

APPOINTMENTS FOR ALTERNATE INSPECTORS

14. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Bruce Snyder, as an alternate Building Inspector/Code Enforcement Official for Lower Macungie Township at a rate of $34.50 per inspection.

15. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Kenneth Bleiler as an alternate SEO, Plumbing Inspector/Code Enforcement Official for Lower Macungie Township at a rate of $34.50 per inspection.

16. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Brian Miller as an alternate SEO/Code Enforcement Official for Lower Macungie Township at a rate of $34.50 per inspection.

17. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Stanley Speck as an alternate SEO, Plumbing Inspector/Code Enforcement Official for Lower Macungie Township at a rate of $34.50 per inspection.

18. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Nick DiCarne as an alternate Plumbing Inspector/Code Enforcement Official for Lower Macungie Township at a rate of $34.50 per inspection.

19. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint David Shields as an alternate Electrical Inspector/Code Enforcement Official for Lower Macungie Township at a rate of $34.50 per inspection.

LMT Board of Supervisors Minutes, 1-5-2004 P. 6. 36.

20. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Frank Stenack as an alternate Electrical Inspector/Code Enforcement Official for Lower Macungie Township at a rate of $34.50 per inspection.

21. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Tim Witman, as an alternate Electrical Inspector/Code Enforcement Official for Lower Macungie Township at a rate of $34.50 per inspection.

22. M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Keystone Consulting Engineers. Inc. to do alternate building, SEO and

plumbing inspections/Code Enforcement for commercial structures only when needed at a rate of $47.00/hr.

23. Appoint Chairman Vacancy Board Resolution 2004-1

D. Hinkel made a motion, seconded by K. DeAngelis and passed unanimously, to adopt Resolution 2004-1, appointing Ronald H. Eichenberg as the Chairman of the Lower Macungie Township Vacancy Board for 2004.

24. Reappoint and Appoint Board of Appeals Tax Payers Bill of Rights Resolution 2004-2

K. DeAngelis made a motion, seconded by M. Szulborski and passed unanimously, to adopt Resolution 2004-2, reappointing Donald Dill, Edward Muldowney and Lyle Smith to the Taxpayer Bill of Rights Board of Appeals for the year 2004.

25. Appoint Tax Collector for Lower Macungie Township

Due to the resignation of Dennis J. Hinkel and after appropriate advertising:

M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to appoint Patricia W. Vassilaros as Real Estate Tax Collector for Lower Macungie Township to fill the unexpired term of Dennis J. Hinkel, whose term will expire the December 2005.

26. Set IRS mileage rate for 2004

K. DeAngelis made a motion, seconded by M. Szulborski and passed unanimously, to adopt the IRS mileage rate for the year 2004 at $.375 per mile for business use of a personal vehicle.

27. Set Board of Supervisors meeting schedule

LMT Board of Supervisors Minutes, 1-5-2004 P. 7. 37.

D. Hinkel made a motion, seconded by K. DeAngelis and passed unanimously, to set the Board of Supervisors meetings for the first Thursday of each month at 7:30p.m. and the third Thursday of each month at 4:30p.m.

28. Fund Depositories Resolution 2004-4

K. DeAngelis made a motion, seconded by D. Hinkel and passed unanimously, to adopt Resolution 2004-4, designating Pennsylvania Local Investment Trust (PLGIT), Lafayette/Ambassador, Fulton Bank, Patriot, Wells Fargo Bank, Bank of New York, Chase Manhattan, All First Bank and Summit as depositories for Lower Macungie Township.

29. Fee Schedule for 2004 Resolution 2004-3

M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to adopt Resolution 2004-3, adopting an amended and revised fee schedule for various services, equipment, goods and materials furnished by or through the Township and rescinding Resolution 2003-6.

30. Appoint CPA Firm to audit records of Township for 2003 Authorize payment to CPA Firm Resolution 2004-5

Pursuant to advertising in the 3 December 2003 edition of the East Penn Press:

M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to adopt Resolution 2004-5, appointing the firm of France, Anderson and Basile to audit the records of Lower Macungie Township for the 2003 year and to authorize payment not to exceed $16,950.00 and the Earned Income Tax Records for 2003 not to exceed $2,500.00.

31. Earned Income Tax Ordinance Amendment Ordinance 2004-1

Pursuant to advertising in the 17, 24 and 31 December 2003 East Penn Press

K. DeAngelis made a motion, seconded by D. Hinkel and passed unanimously, to adopt Ordinance 2004-1, an ordinance of the Township of Lower Macungie, County of Lehigh, Pennsylvania, amending Chapter 159 of the Code of Ordinances of the Township (the “Code”), (1) defining the term “compensation”; (2) redefining the categories of

taxable compensation; (3) establishing which state reports will be accepted as backup for

LMT Board of Supervisors Minutes, 1-5-2004 P. 8. 38.

reported net profits & losses; and (4) containing clauses for severability, repeal & effective date.

32. Liquor License Public Hearing Pizza Hut

Resolution 2004-6

A Court stenographer was present for the Hearing, therefore this is a brief synopsis of the proceedings.

Chairman DeAngelis called the Public Hearing to Order at 4:35p.m.

Attorney Kozar was before the Board on behalf of QSM owners of Pizza Hut Restaurants to request the Township to approve a Resolution to transfer Restaurant Liquor License #E-4682 to Lower Macungie Township which is a strictly beer only license to replace the “R” license which permits the sale of beer, wine and liquor.

Chairman DeAngelis closed the Public Hearing at 4:38p.m.

K. DeAngelis made a motion, seconded by D. Hinkel and passed unanimously, to adopt Resolution 2004-6, a Resolution of Lower Macungie Township, County of Lehigh, Commonwealth of Pennsylvania, approving the transfer of Restaurant Liquor License No. E-4682 into Lower Macungie Township from the City of Allentown.

The Board went back to Item # 6.

33. Contract Award Sauerkraut Lane

Pursuant to advertising in the 3 and 15 December 2003 editions of the Morning Call:

Pursuant to the following bids opened publicly on 22 December 2003 at approximately 9:00a.m.:

Grace Industries, Inc. P.O. Box 21777

Lehigh Valley PA 18002-1777 In the Amount of $825,749.80 With a 10% Bid Bond

Lehigh Valley Site Contractors 5143 Lower Mud Road Easton PA 18040

In the Amount of $953,098.55

LMT Board of Supervisors Minutes, 1-5-2004 P. 9. 39.

With a 10% Bid Bond

Nimaris Construction, L.P. P.O. Box 86

Bath PA 18014-0086

In the Amount of $860,686.00 With a 10% Bid Bond

R.J. Sell Excavating & Paving 5957 Upper Ridge Road Pennsburg PA 18073

In the Amount of $818,680.40 With a 10% Bid Bond

Road-Con Inc.

917 Old Fern Hill Road Suite 500

West Chester PA 19380

In the Amount of $954,785.00 With a 10% Bid Bond

Semmel Excavating Inc. 5000 Springside Court Allentown PA 18104

In the amount of $984,500.00 With a 10% Bid Bond

Pursuant to a review and recommendation from W.A. Erdman, Keystone Consulting Engineers, Inc. dated 2 January 2004:

M. Szulborski made a motion, seconded by K. DeAngelis and passed unanimously, to award the contract to R.J. Sell Excavating, Inc. in the amount of $818,680.40 for the realignment of a portion of Sauerkraut Lane.

34. 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 $206,216.26 and from the Sewer Fund in the amount of $30.00.

35. Open to the Floor for Non-Agenda Topic - at the discretion of the Chairman

ADDITIONS TO THE AGENDA

LMT Board of Supervisors Minutes, 1-5-2004 P. 10 .40.

1) Escrow Security

Attorney Marles informed the Board that numerous developers are now requesting Maintenance Bonds to be accepted for Maintenance Security. After discussion, the following was established by consensus of the Board:

Preference of acceptance: 1) Letter of Credit 2) Cash Escrow

3) Maintenance Bond with stipulations

a) Bonding Company is an “admitted” provider in Pennsylvania as well as authorized to perform business in Pennsylvania b) the Bonding Company has an A- or better rating c) if bond is utilized

i) Total amount is $5,000 or less

ii) If total is greater - $5,000 or 10% of total must be in cash

All of which will be documented with greater detail pursuant to a letter from Attorney Marles.

The Board resolved into Executive Session at 5:03 to discuss personnel issues.

The Board reconvened at 5:45p.m. No action taken.

36. Adjourn.

The meeting adjourned at 5:45p.m.

Lavona M. Baatz, CGS, CMC Township Secretary

BOS:lmb

These Minutes were approved during the 15 January 2004 BOS meeting.