Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, January 8, 2007 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, 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
Sharyn Yeakel, Director of Community Development
Thomas Dinkelacker, Township Solicitor
Dennis Harman, P.E., Township Engineer
Robert Coyle, Chief of Police

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.”

All in attendance observed a moment of silence following the pledge in honor of President Gerald R. Ford who passed away on December 26, 2006.

POLICE DEPARTMENT ACCREDITATION
UST Police Chief Robert E. Coyle – With Board approval, Chief Coyle explained that starting in 2003, the UST Police Department began a State-wide accreditation project. In December 2006, he continued, the Department received full accreditation from the PA Law Enforcement Accreditation Commission. In attendance with Chief Coyle was Richard Hammon, Accreditation Project Coordinator for the PA Chiefs of Police Association and retired Police Chief from Upper Allen Township, Cumberland County.

Richard Hammon - PA Chiefs of Police Association – Mr. Hammon gave the Board a quick synopsis of the accreditation program including its history, the standards that must be met, and what it means to a department and a Township to be accredited. He concluded by congratulating the Police Department, the Township, and its residents and presenting the accreditation certificate good for three (3) years to Chief Coyle.

Chief Coyle then introduced Corporal Roger Miller, Accreditation Manager, whom he said deserved most of the credit for the Department’s accreditation.

Chairman Gutzmirtl presented Corporal Miller with a plaque recognizing his dedication and commitment as the Department’s Accreditation Manager.

Corporal Roger Miller – Corporal Miller thanked Chief Coyle, his fellow officers, and the accreditation management in Harrisburg for their support throughout the accreditation process saying he could not have done it without them.

PUBLIC HEARINGS
St. Joseph’s Catholic Church - Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of St. Joseph’s Catholic Church for the construction of an eight hundred (800) square foot addition to the existing St. Michael the Archangel School at 5050 St. Joseph's Road. The subject property is located in the Rural Residential (R-1) District, as well as the Environmentally Sensitive Zone (ESZ) Overlay. The applicant requests Conditional Use approval pursuant to Sections 402.B, 1402, 1403 and 1702 of the Township Zoning Ordinance.

Present on behalf of the applicant was Attorney Fred Lanshe and Kerry Good, Professional Engineer from Barry Isett & Associates, Inc.

Attorney Dinkelacker handled the proceedings on behalf of the Township reading Exhibits T-1 through T-10 into the record.

Mr. Good gave testimony in support of the Applicant’s request for Conditional Use approval.

There were no comments or questions from the Board of Supervisors.

No members of the public commented during the public hearing.

A motion was made by Mr. Wagner and seconded by Mr. White to approve the Conditional Use Application of St. Joseph Catholic Church for the construction of an eight hundred (800) square foot addition to an existing school located at 5050 St. Joseph's Road.

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

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

The motion carried by a vote of 5 to 0.

Lutron Electronics Company - Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Lutron Electronics Company for the construction of a new two hundred and fifty thousand (250,000) square foot office building and a five (5) level parking deck at Lutron's Corporate Headquarters located north of Jacoby Road and west of Suter Road. The site is located in the Industrial (I) District. The applicant requests Conditional Use approval pursuant to Sections 1102.B.3 and 1702 of the Township Zoning Ordinance.

Present on behalf of the applicant was Attorney Maxwell Davison. Also present was Andrew Hines, Director of Facilities at Lutron Electronics Company.  Mr. Hines gave testimony in support of the applicant’s request for Conditional Use approval.

Attorney Dinkelacker handled the proceedings on behalf of the Township reading Exhibits T-1 through T-10 into the record.

There were no comments or questions from the Board of Supervisors.

Resident Keith Maurer of 7305 Suter Road asked to see the site plan.

Mr. Hines reviewed the plans with Mr. Maurer.

Greg High of 2502 Hilltop Road wanted to know if traffic studies were done.

Attorney Davison said all required traffic studies were done and Lutron will comply with all the Township’s recommendations concerning traffic improvements.

A motion was made by Mr. Horvath and seconded by Mr. Wagner to approve the Conditional Use Application of Lutron Electronics Company for the construction of a new two hundred and fifty thousand (250,000) square foot office building and a five (5) level parking deck at Lutron's Corporate Headquarters located north of Jacoby Road and west of Suter Road.

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

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

The motion carried by a vote of 5 to 0.

Poag and McEwen Lifestyle Centers - Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Poag and McEwen Lifestyle Centers for the construction of a four hundred (400) square foot Tower Sign along I-78 in the vicinity of the Promenade Shops at Saucon Valley. The subject property is located in the Office/Research/Technology and Town Center (ORTTC) District. The applicant requests Conditional Use approval pursuant to Sections 1402, 1403 and 1702 of the Township Zoning Ordinance.

Attorney Dinkelacker handled the proceedings on behalf of the Township reading Exhibits T-1 through T-10 into the record.

Present on behalf of the applicant was Attorney Joseph A. Fitzpatrick, Jr., Professional Engineer Jeff Nara from C.E.C. Engineering in Pittsburgh, and Project Manager Scott Kern from Poag and McEwen Lifestyle Centers.

Attorney Fitzpatrick entered into the record Exhibit A-1, which was a copy of the original land development plan for the Shops at Saucon Valley Tower Sign dated November 13, 2006.

Messers. Nara and Kern gave testimony in support of the applicant’s request for Conditional Use approval.

Chairman Gutzmirtl and Mr. Wagner had questions regarding the Tower Sign that were promptly answered by those present on the applicant’s behalf, the Township’s Director of Community Development, Ms. Yeakel, or the Township’s Solicitor Attorney Dinkelacker.

Mr. Wagner commented, while he would vote to approve the application because the sign was essential to the Shops’ success, he was not in favor of highway signs or billboards of any sort.

No members of the public commented during the public hearing.

A motion was made by Mr. White and seconded by Mr. Wagner to approve the Conditional Use Application of Poag and McEwen Lifestyle Centers for the construction of a four hundred (400) square foot Tower Sign along I-78 in the vicinity of the Promenade Shops at Saucon Valley.

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

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

The motion carried by a vote of 5 to 0.

Wedgewood Golf Course, Inc. - Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Wedgewood Golf Course, Inc., for the construction of a six hundred (600) square foot restroom facility on the existing one hundred plus (100+) acre Wedgewood Golf Course property located at 4628 Limeport Pike. The property is located in the Agricultural Preservation (AG) District. The applicant requests Conditional Use approval pursuant to Sections 802.B.1, 1402, 1403 and 1702 of the Township Zoning Ordinance.
Attorney Dinkelacker handled the proceedings on behalf of the Township reading Exhibits T-1 through T-10 into the record.

Present on behalf of the applicant were Attorney Kate Durso and Tim Edinger, Professional Engineer from Base Engineering, Inc.

Attorney Durso entered into the record Exhibit A-1, which was a draft of an Environmental Assessment Report dated August 1, 1997.

Mr. Edinger gave testimony in support of the applicant’s request for Conditional Use approval.

Chairman Gutzmirtl spoke in favor of the application as a member of the Board and a patron of the golf course. He was pleased to see this type of facility become part of their grounds.

No members of the public commented during the public hearing.

A motion was made by Mr. Wagner and seconded by Mrs. White to approve the Conditional Use Application of Wedgewood Golf Course, Inc., for the construction of a six hundred (600) square foot restroom facility on the property at 4628 Limeport Pike.

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

Chairman Gutzmirtl: Yes
Mr. Wagner: 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:

Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert was unable to stay for the duration of the meeting, so he offered his comments of the Liberty Village Subdivision being addressed later on the agenda. He asked the Board to keep in mind the possibility of access to Liberty Village from Route 309, since the Township denied interconnection between the multi-family and single-family homes. The access from Route 309, he added, would help ease traffic on Liberty Road.

Mr. Wagner responded the Township had always been in favor of such an access, but PennDOT had denied it.

Mr. Ruppert said it was his understanding, it had been requested that the developer include in his plans a way to install the access in the future if circumstances were to change.

Chairman Gutzmirtl addressed that statement saying yes, the developer had drafted plans showing the access was possible if approval was obtained from PennDOT. He assured Mr. Ruppert that the Township would continue to pursue approval of the access.

Pat Young – New Street – Mrs. Young thanked the Township’s Planning Commission for facilitating the rezoning of the two (2) properties located at the corner of Passer Road, New Street, and Flint Hill Road. She said the properties, which began as residential, were rezoned commercial, despite protest from her and many of her neighbors. A hearing had been scheduled for February 12, 2007, where the zoning may be returned to residential. Mrs. Young understood why the residents of the two (2) homes wanted to be zoned commercial, but felt she and her neighbors would be negatively affected by it through a reduction in their property value. It was for that reason, she said, that the Township needed neighborhood-friendly zoning, allowing some degree of commercial use to benefit property owners like the individuals in this situation, while protecting or increasing the property value of the surrounding residential properties. She urged the Township to investigate such zoning, and in the meantime, rezone the corner back to residential.

Chairman Gutzmirtl said he and Mr. Horvath were not part of the Board when the rezoning took place, and Mr. Wagner voted against it.

Fran Walbert – 6562 New Street – Mrs. Walbert thanked Supervisors for their work.

Gretel Ruppert – 5201Mountainside Lane – Mrs. Ruppert reminded Supervisors of the upcoming Antique Barn Coalition (ABC) meeting scheduled for January 11, 2007 at 7:00 p.m. in the Township’s Public Meeting Room. She invited all interest parties, barn owners or not, to attend.

Chairman Gutzmirtl asked if the ABC was interested not only in cataloguing, but preserving barns in the Township.

Mrs. Ruppert replied the ABC’s goal was to create an awareness of the barns. If that awareness spawned people’s interest in preserving them, she said, then that was even better.

SUBDIVISIONS AND LAND DEVELOPMENTS
Promenade Shops - Tower Sign - Resolution No. 2007-08
A motion was made by Mrs. White and seconded by Mr. White to adopt Resolution No. 2007-08 conditionally approving the Preliminary and Final Land Development Plans and Conditional Use Application of Poag and McEwen Lifestyle Centers for the construction of a four hundred (400) square foot Tower Sign along I-78 in the vicinity of the Promenade Shops at Saucon Valley.

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

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

The motion carried by a vote of 5 to 0.

St. Michael's School Addition - Resolution No. 2007-11
A motion was made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2007-11 conditionally approving the Preliminary/Final Land Development Plan and Conditional Use Application of St. Joseph Catholic Church for the construction of an eight hundred (800) square foot addition to the existing St. Michael's Archangel School at 5050 St. Joseph's Road.

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

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

The motion carried by a vote of 5 to 0.

Lutron Electronics Headquarters Expansion - Resolution No. 2007-12
A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2007-12 conditionally approving the Preliminary and Final Land Development Plans and Conditional Use Application of Lutron Electronics Company, Inc., for the construction of a new two hundred and fifty thousand (250,000) square foot office building and a five (5) level parking deck at Lutron's Corporate Headquarters located north of Jacoby Road and west of Suter Road.

The motion carried by a vote of 5 to 0.

Wedgewood Golf Course - Restroom Facilities - Resolution No. 2007-13
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2007-13 conditionally approving the Preliminary / Final Land Development Plan and Conditional Use Application of Wedgewood Golf Course, Inc., for the construction of a six hundred (600) square foot restroom facility on the property at 4628 Limeport Pike.

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

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

The motion carried by a vote of 5 to 0.
 
Liberty Village Subdivision & Land Development Plan - Resolution No. 2007-14
William Briegel, Vice President of Orleans Homebuilders, Inc., and Steve Turoscy of Lehigh Engineering were present to receive comments and answer questions.

Mrs. White asked if measures were in place to allow future access from the development to Route 309.

Mr. Briegel said yes, the design did satisfy that provision explaining how it would be included on the plan.

Chairman Gutzmirtl inquired about any efforts to lessen the impact a future access road would have on one (1) home in the development.

Mr. Briegel outlined the changes that would be made to that particular property to accommodate the access road and lessen its impact.

Mr. White commented on the background of the subdivision noting that over five hundred and fifty (550) units were originally proposed by the former developer who filed a lawsuit against the Township for a violation of their civil rights. On the other hand, he expressed satisfaction with the current developer and the reduction in the number of units. His only question was if the reimbursement for the water tank project would come with approval of these plans.

Mr. Beil said yes, the developer, in accordance with a water tank contribution agreement entered into with the Township, would supply approximately $600,000 to be used towards the construction of a new water tank.

Chairman Gutzmirtl thanked the residents in the community who came forward and made the Supervisors aware of the problems that the proposed development would cause, resulting in the reduction of the number of total units.

A motion was made by Mrs. White and seconded by Mr. White to adopt Resolution No. 2007-14 conditionally approving the Final Subdivision and Land Development Plan of Orleans Homebuilders, Inc., for the construction of three hundred and forty-nine (349) dwelling units including two hundred and four (204) condominiums, one hundred and thirty-one (131) townhouse units, and fourteen (14) single family detached homes on approximately sixty-five (65) acres located at 4141 and 4355 Liberty Road.

Mr. Wagner pointed out that a reduction in the number of units was not the only change that took place. The company developing the land had changed the type of units being constructed.

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

Chairman Gutzmirtl: Yes
Mr. Wagner: 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
None

RESOLUTIONS
Resolution No. 2007-16 - Participation In Lehigh County Congress of Governments
Mr. Beil explained the Lehigh County Congress of Governments (COG) purpose and their request for a resolution authorizing the Township’s participation.

A motion was made by Mr. White and seconded by Chairman Gutzmirtl to adopt Resolution No. 2007-16 approving the Township's participation in the Lehigh County Congress of Governments.

Chairman Gutzmirtl endorsed the organization. He said even though it was in its infancy stage, he saw potential and felt it was in the Township’s best interest to get involved early.
 
The motion carried by a vote of 5 to 0.

MOTIONS
Release of Funds - Curly Horse Subdivision - Certification No. 8
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $41,280.96 for the Curly Horse Subdivision in accordance with the Township Engineer's recommendation made by letter dated January 3, 2007.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #01082007 dated 01/05/2007……..$86,042.70
Warrant List #01082007 dated 01/05/2007……………..$704,691.16

A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment of the Prepaid Invoice List and Warrant List #01082007 dated 01/05/2007.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Bob Tettemer – Glen Road – Mr. Tettemer commended Mr. Wagner for an editorial he wrote that appeared in a local paper. Mr. Tettemer said he was proud to live in a Township represented by someone like Mr. Wagner.

EXECUTIVE SESSION
None

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

The motion carried unanimously.

                                                                       
Secretary