Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, February 2, 2009 - 6:00 p.m.
Township Municipal Building

Members Present:
Stephen Wagner, Vice Chairman
John E. Gilda, Jr.
Joyce V. White

Participating Via Speakerphone:
Joseph M. Horvath
                                   
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn Heater, Director of Community Development
Thomas Dinkelacker, Township Solicitor
Ronald J. Gawlik, P.E., Township Engineer

CALL TO ORDER
Vice 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
Vice Chairman Wagner asked all in attendance to stand and recite the “Pledge of Allegiance.”

PUBLIC COMMENT
None

CHAIRMAN’S REMARKS
Vice Chairman Wagner noted that Mr. Gutzmirtl was absent from the meeting due to travel.

PUBLIC HEARINGS
Locust Valley Chapel – Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Locust Valley Chapel to construct a 3,290-square-foot addition onto the existing church and to reconfigure the existing parking lot on the property at 5936 Locust Valley Road. The applicant requests conditional use approval pursuant to Sections 402.B.10 and 1702 of the Township Zoning Ordinance. The subject property is zoned R-1: Rural Residential District.

Attorney Dinkelacker handled the proceedings on behalf of the Township reading into the record exhibits T-1 through T-7.

Present on behalf of the applicant was Attorney Gavin Lebowksi and Bradley Clymer of Richard C. Mast Associates, P.C.  Messrs. Lebowski and Clymer gave testimony in support of the applicant’s request for conditional use approval.

Attorney Lebowski admitted a copy of the most recent revision of the expansion plan into the record marking it as Applicant Exhibit A-1.

Attorney Dinkelacker asked if anyone from the public wished to comment on the Conditional Use Application of Locust Valley Chapel.  There was no response from the public.

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

A motion was made by Mrs. White and seconded by Mr. Gilda to approve the Conditional Use Application of Locust Valley Chapel to construct a 3,290-square-foot addition onto the existing church and to reconfigure the existing parking lot on the property at 5936 Locust Valley Road.

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

Vice Chairman Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

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

SUBDIVISIONS AND LAND DEVELOPMENTS
Conti Lot Line Adjustment – Resolution No. 2009-14
A motion was made by Mr. Horvath and seconded by Mrs. White to adopt Resolution No. 2009-14 conditionally approving the Preliminary/Final Lot Line Adjustment Plan of Phillip and Sandra Conti and Brenda Flaherty for a modification to the common lot line between the properties at 6383 Bishop Road and 6407 Bishop Road.

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

Locust Valley Chapel Building Expansion – Resolution No. 2009-17
A motion was made by Mr. Gilda and seconded by Mrs. White to adopt Resolution No. 2009-17 conditionally approving the Preliminary Land Development Plan and Conditional Use Application of Locust Valley Chapel to construct an addition onto the existing church on the property at 5936 Locust Valley Road.
The vote was taken by roll call, and the results were as follows:

Vice Chairman Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

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

MINUTES
Reorganization Meeting of January 5, 2009
The Board discussed waiting to take action on the minutes until at least three of the Board members who were in attendance at the January 5, 2009 meeting were present to vote on the minutes.  A motion was made by Mr. Gilda and seconded by Mrs. White to table the minutes of the January 5, 2009 reorganization meeting of the Board of Supervisors

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

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2009-18 – Authorizing Grant Application – Colonial Crest Supply Well Upgrades
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2009-18 authorizing the Township Staff to apply for a grant in the amount of $640,370.00 from the Commonwealth Financing Authority to be used for design, inspection, and construction of the Colonial Crest Water Supply Facility Well No. 2 Upgrade.

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

Resolution No. 2009-19 – Authorizing Grant Application – Oakhurst Drive Sanitary Sewer Extension
A motion was made by Mrs. White and seconded by Mr. Gilda to adopt Resolution No. 2009-19 authorizing the Township Staff to apply for a grant in the amount of $440,000.00 from the Commonwealth Financing Authority to be used for design, inspection, and construction of the Oakhurst Drive Sanitary Sewer Extension Project.

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

MOTIONS
Request for Payment – Barry J. Hoffman Company, Inc. – Certification No. 2
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment in the amount of $72,015.30 to Barry J. Hoffman Company, Inc. for work completed on the Influent Pump Station Controller at the Wastewater Treatment Plant.

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

Release of Funds – Epernay Subdivision – Certification No. PS-2
A motion was made by Mr. Gilda and seconded by Mrs. White to authorize the release of construction security in the amount of $13,877.88 for the Epernay Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated January 22, 2009.

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

Release of Funds – Epernay Subdivision – Certification No. S-3
A motion was made by Mr. Gilda and seconded by Mrs. White to authorize the release of construction security in the amount of $86,514.54 for the Epernay Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated January 22, 2009.

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

Repayment Agreement with Coopersburg Borough
Mr. Beil said the Township made a debt service payment on behalf of Coopersburg Borough because the Borough did not have adequate funds on hand to make the payment.  The Borough is obligated to make this debt service payment pursuant to a 1988 agreement between the Township and the Borough relating to the construction of the new sewer plant.  The Borough has agreed to repay the Township, however, the Borough is asking the Township to enter into an agreement which would allow the Borough to repay the money over a six month period instead of making one lump sum payment.  At the end of the six month period, the Township would be paid in full plus interest. 
 
Vice Chairman Wagner asked what would happen if there was a dispute between the parties concerning the Repayment Agreement.  Specifically, Vice Chairman Wagner wanted to know if such a dispute would go to arbitration.

Attorney Dinkelacker replied a dispute connected to the Repayment Agreement would not go to arbitration but instead would go to the Court of Common Pleas for resolution.

A motion was made by Mr. Gilda and seconded by Mrs. White to approve the Repayment Agreement between Coopersburg Borough and Upper Saucon Township subject to final review and approval by the Township Solicitor. The Agreement calls for the Borough to repay the Township the sum of $136,330.82 for a debt service payment the Township made on the Borough’s behalf.

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

Vice Chairman Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

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

Request for Payment – Structural Maintenance Systems, Inc. – Certification No. 5
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment in the amount of $63,681.76 to Structural Maintenance Systems, Inc. for work completed on the Secondary Clarifier at the Sewage Treatment Plant.

Mr. Gilda commented there were an unusually large number of change orders made from the original contract.

Mr. Beil said he would look into the reasons behind the numerous change orders.

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

Release of Funds – College Heights (a/k/a Landis Mill Farms) Subdivision – Release No. 7
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize the release of construction security in the amount of $29,954.32 for the College Heights Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated January 22, 2009.

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

Release of Funds – Agentis Car Wash Sewer Line – Certification No. S-1
A motion was made by Mr. Gilda and seconded by Mrs. White to authorize the release of construction security in the amount of $111,250.00 for the Agentis sewer line in accordance with the Township Sewer Engineer’s recommendation made by a letter dated January 22, 2009.

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

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Ordinance Re-Write – Conservation Design Methodology
Township Planning Consultant, Harry Roth of RothPlan, LLC, Sharyn Heater, Director of Community Development, and Ann Hutchinson and Nathan Walker of Natural Lands Trust were present to discuss the conservation design method proposed by Harry Roth in the draft Comprehensive Zoning Ordinance Amendment. 

A lengthy discussion ensued regarding the RothPlan conservation design method versus the Natural Land Trust conservation design method.  Natural Lands Trust proposes a conservation design scheme in which natural features are netted out of a property prior to a density calculation, resulting in an “adjusted tract area”.  The Roth Plan model calculates density based upon gross tract size.  The RothPlan method requires an initial set aside which must include all natural features.   

Mr. Roth gave a PowerPoint presentation that detailed how a conservation design development would result in a slightly higher allowable density, while preserving a larger amount of open space and natural features than a normal development. He explained the minimum open space requirements for the various zones and how a natural features inventory would be used for every conservation design development. Mr. Roth believed the RothPlan approach would yield more open space and natural features preservation when constructing a conservation design development because through a natural features inventory those environmental elements, such as wetlands, woodlands, floodplains, and slopes would be “netted out” of (removed from) the buildable land. The Natural Lands Trust method for netting out, he said, presented a two-tier approach, which preserved 100 percent of the features contained in the first tier, but only a certain percentage of the features identified in the second tier. Mr. Roth provided a comparison of the two methods as he believed they would pertain to the North 40 Estates development. He calculated under the RothPlan method 70 to 75 percent of the property would be preserved, with 35 units possible on 39.5 acres. Under the Natural Lands Trust method, Mr. Roth calculated the same number of units would be possible, but the amount of open space and natural features preserved would be far less.

Ann Hutchinson and Nathan Walker did not agree with Mr. Roth’s analysis of the Natural Lands Trust method.  They described how the Natural Lands Trust method was successfully applied to a property in London Grove Township.  They were of the opinion that the Natural Lands Trust model would result in more preserved land and fewer housing units on a given parcel of land than the RothPlan method would produce.

The Board thanked Mr. Roth, Ms. Hutchinson, Mr. Walker and Ms. Heater for their input on this issue. The Board took no action and wanted to carefully consider both conservation design approaches before making a final decision as to which approach would be incorporated into the final draft of the Comprehensive Zoning Ordinance Amendment.  
Zoning Hearing Board Agenda – February 9, 2009
The Board reviewed the two appeals on the docket for the Zoning Hearing Board meeting scheduled for February 9, 2009.  The Board took no further action concerning this matter.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #02022009 dated 01/30/2009……….$115,940.35
Warrant List #02022009 dated 01/30/2009……………….$193,821.65

A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment of the Prepaid Invoice List and Warrant List #02022009 dated 01/30/2009.

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

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

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

                                                                       
Secretary