Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
February 13, 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
Sharyn E. Yeakel, Asst. Director of Community Development
Jeffrey Dimmich, Township Solicitor
Thomas Dinkelacker, Township Solicitor
Dennis E. Harman, 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 COMMENT
Chairman Wagner asked for public comment on any matter not currently on the agenda. Hearing no response, the public comment section was closed.

Chernay Land Development and Conditional Use Application – Resolution No. 2006-15
A stenographer was present to record all comments and discussions concerning both the Land Development Plans and Conditional Use Application of Paul C. Chernay.  A copy of the transcript is attached hereto, made a part hereof, and marked as Attachment “A.”

A public hearing was held to accept public comment and input on the Conditional Use Application of Paul C. Chernay to consolidate 4 existing lots into one 7.6 acre new lot and construct a Neighborhood Convenience Center consisting of a 7,000 square foot restaurant, a 2,500 square foot bank, and a 19,200 square foot two-story office/retail building. The proposed lot consolidation includes lots identified as Lehigh County Property Identification Number (PIN) 641495888196 1, otherwise known as 5491 Lanark Road; PIN 641495690784 1, otherwise known as 5467 Lanark Road; PIN 641495381554 1, otherwise known as 5425 Lanark Road and PIN 641496302201 1, otherwise known as 5363 W. Valley Road, each located in Center Valley, PA 18034. The applicant requests Conditional Use approval pursuant to Sections 1402, 1403 and 1702 of the Upper Saucon Township Zoning Ordinance. The subject property is zoned C – Commercial District and is located within the ESZ - Environmentally Sensitive Zone Overlay.

The following individuals were present on behalf of the developer: 

• Henry S. Perkin of Perkin and Associates, counsel for Paul C. Chernay,
• Thomas C. Buss, Registered Landscape Architect,
• Amit Mukherjee, Civil Engineer, from Base Engineering, Inc. and
• Engineer John A. Nawn, Vice President of GAI Consultants.

Messrs. Perkin, Buss, Mukherjee and Nawn provided testimony in support of the applicant’s request for conditional use approval.

Mr. Mukherjee testified that the Plan complies with the Township’s environmentally sensitive zone requirements.

A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to adopt Resolution No. 2006-15 conditionally approving the Preliminary and Final Land Development Plans and Conditional Use Application of Paul C. Chernay for a Neighborhood Convenience Center consisting of a restaurant, bank, and two-story office/retail building located at the northwest corner of Rt. 309 and Lanark Road.  Mr. Gutzmirtl added to the conditions of approval a section requiring the developer to construct, to the satisfaction of the Township Engineer, an access to the site off of West Valley Road. The access must allow ingress from both lanes of West Valley Road and egress onto the northbound lane of West Valley Road via a right-turn exit.

Mrs. White reminded the Board that the Planning Commission was against an entrance and exit on West Valley Road because of the traffic hazards it might create. She added that at this stage, the developer would he forced to redesign much of his plan to accommodate the entrance and exit lanes.

Mr. White was in favor of the access onto and off of West Valley Road, especially since access off of Rt. 309 was denied. He believes, although West Valley is a small road, an entrance and exit located on that side of the development would help alleviate some traffic on Lanark Road.

Mr. Gutzmirtl explained part of his reasoning for requiring access to and from the development via West Valley Road was for safety. He said in an emergency the access may serve as the most available route for police, medical, and fire vehicles.

The motion carried by a vote of 4 in favor and 1 against.  Chairman Wagner, Mr. Gutzmirtl, Mr. White, and Mr. Horvath voted in favor of the motion.   Mrs. White voted against the motion.

PRESENTATION BY BOB TREXLER – LIVING MEMORIAL PARK
Bob Trexler – 3233 Oakhurst Drive – Mr. Trexler reminded the Board of the services and facilities offered to the community by the all-volunteer park. Currently, small tasks are being completed by the few existing volunteers including maintenance to the baseball field, but larger improvements are needed to the area used by the football team, community day, the fire department, and others, due to heavy rain. Next year, the park hopes to take measures to create proper drainage for the field. Mr. Trexler then thanked the Township for the help they have provided the park over the years with projects that park volunteers could not handle alone. He also mentioned that Upper Saucon is one of three municipalities that contribute, Lower Milford Township and Coopersburg Borough being the other two, towards the expenses for the park.

Mr. Beil asked Mr. Trexler to give examples of some of the projects that were completed primarily through the aid provided by the Township.

Mr. Trexler mentioned the paving of the parking lots around the VFW two years ago, and last year the driveway into the swimming pool area. He also pointed out the many times supplies, such as stone, have been donated by the Township for smaller projects. Mr. Trexler added that upcoming projects for the 2007 year will require assistance from the Township, as well as other organizations.

Chairman Wagner thanked Mr. Trexler for his presentation and emphasized how much of an asset the park is to the community by listing the events he has attended and times he had used the park for various activities over the years.

COMMITTEE REPORTS
The Board reviewed the following Committee Reports:

• Recreation and Culture Committee Meeting of January 31, 2006

During his review of the committee report, Mr. White made a motion to approve the request of the Bucks County Search and Rescue to train search and rescue dogs on Township-owned property at 7486 Passer Road, subject to the execution of a release and hold harmless agreement deemed acceptable by the Township Solicitor.

The motion was seconded by Mr. Gutzmirtl and was passed by unanimous vote.

Also during the review, a discussion occurred concerning the lease agreement for the Tumblebrook Golf Course. The Recreation and Culture Committee recommended approval of an agreement with Agrostis Golf Management, LLC and Tumblebrook Golf Club, LLC assigning the lease of the course to Tumblebrook Golf Club, LLC.

Mr. Gutzmirtl asked what the Township’s role would be in terms of the profit made by the golf course.

Mark Reed of Tumblebrook Golf Club, LLC explained the Township would receive a percent of the course’s profits determined by a tiered chart that had already been established. The percentage paid would increase yearly and would be taken from the course’s gross receipts.

Mr. Gutzmirtl also questioned the procedure for breaking the lease agreement.

Attorney Dimmich responded both parties have the right to terminate the agreement.

Mr. Reed explained that the investment has already been made on his part both time-wise and monetarily, therefore he sees no reason he would want to break the lease agreement.

Further discussion involved the Township’s rights concerning the land, their contributions to its operation, and taxpayer expense.

Mr. Gutzmirtl made a motion that was seconded by Mr. White to authorize the Township Manager to execute an agreement with Agrostis Golf Management, LLC and Tumblebrook Golf Club, LLC approving the assignment of the Tumblebrook Golf Course lease to Tumblebrook Golf Club, LLC.

The motion carried by a vote of 5 to 0.

• Public Works Committee Meeting of February 6, 2006
• Finance and Administration Committee Meeting of February 1, 2006

Copies of the Committee Reports were made available to the public.

ORDINANCES
None

RESOLUTIONS
Resolution No. 2006-16 – Adoption of 2006 Amended Township Budget
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to approve Resolution No. 2006-16 adopting the amended Township budget for the year 2006 providing for $12,125,819 in total revenues and $17,652,696 in total expenditures. An amount of $5,526,877 will be utilized from the reserves to balance the 2006 Budget, providing an ending combined fund balance of $10,683,529.

The motion carried by a vote of 5 to 0.

MOTIONS
Acceptance of Resignation
A motion was made by Mr. White and seconded be Mr. Gutzmirtl to accept, with regret, the resignation of James T. Rouland from the elected Board of Auditors, effective immediately.

The motion carried by unanimous vote.

Appointments to Municipal Authority/ Sewage Treatment Authority and Zoning Hearing Board
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to appoint Mr. Aaron B. Attwood to the Municipal Authority and Sewage Treatment Authority for a five-year term expiring December 31, 2010.

Another motion was made by Mr. White and seconded by Mrs. White to appoint Mr. Bruce Eames to the Municipal Authority and Sewage Treatment Authority for a five-year term expiring December 31, 2010.

Attorney Dimmich suggested this be treated like any other nominated position and take the vote starting with the name first nominated. If three “yes” votes are achieved, then the process ends. If three “yes” votes are not achieved, then a vote would be taken using the second name nominated, and so on. If neither received three “yes” votes, both nominations fail.

Mrs. White mentioned that Mr. Eames was recommended for the position by the Township’s Municipal Authority/Sewer Treatment Authority. She questioned Mr. Attwood’s nomination because he listed the Municipal Authority as his fourth choice on his Application for Boards and Commissions.

Mr. Gutzmirtl endorsed Mr. Attwood saying he was impressive during his interview and would be successful in any position with the Township.

Mr. Beil added Mr. Attwood is an engineer by trade and has a degree in physics.

Chairman Wagner asked for any additional nominations. Hearing none, he decided to proceed in the reverse order.

A roll call vote was taken on the motion to appoint Mr. Eames to the Municipal Authority and Sewage Treatment Authority.  The motion failed by a vote of 2 in favor and 3 against.  Mr. White and Mrs. White voted in favor of the motion.  Chairman Wagner, Mr. Gutzmirtl, and Mr. Horvath voted against the motion.

A roll call was taken on the motion to appoint Mr. Attwood to the Municipal Authority and Sewage Treatment Authority.  The motion carried by a vote of 5 to 0.  

A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to adopt Resolution No. 2006-14 appointing Mr. James T. Rouland to the Upper Saucon Township Zoning Hearing Board for an unexpired term ending December 31, 2006.

The motion carried by a vote of 5 to 0.

Release of Funds – Countryside, Phase 2 (formerly known as Greenbriar)
A motion was made by Mrs. White and seconded by Mr. Horvath to approve the release of construction security in the amount of $21,447.50 for Phase 2 of the Countryside Subdivision in accordance with Keystone Consulting Engineer’s recommendation made by a letter dated January 24, 2006.

Mr. White commented that having seen the paving work, he was not satisfied with the quality.

Mr. Horvath, admitting he had not personally inspected the work, suggested that it be looked into if Mr. White felt there was an issue.

Attorney Dimmich added the item was deemed 100 percent complete. If payment was approved, there may be nothing that could be done later to rectify an issue, if one existed.

Mr. Gutzmirtl said the money should not be released if there are concerns and asked the Township Engineer to comment.

Mr. Harman said he had not seen the completed work, so therefore, he could not offer advice.

Mr. White added that he felt the quality of work for this particular item in Phase 2 was not as high as that of Phase 3.

Chairman Wagner suggested the issue be directed to the Public Works Committee for further consideration.

The original motion and second to approve the release of construction security in the amount of $21,447.50 for Phase 2 of the Countryside Subdivision was withdrawn.

Instead, a motion was made by Mrs. White and seconded by Mr. Gutzmirtl to refer the issue to the Public Works Committee. The motion passed unanimously.

Release of Funds – Countryside, Phase 3 (formerly known as Greenbriar)
A motion was made by Mr. White and seconded by Mrs. White to approve the release of construction security in the amount of $136,019.90 for Phase 3 of the Countryside Subdivision in accordance with Keystone Consulting Engineer’s recommendation made by a letter dated January 24, 2006.

The motion was carried by a vote of 5 to 0.

Release of Funds – Countryside, Phase 1 (formerly known as Greenbriar)
A motion was made by Mr. Gutzmirtl and seconded by Mr. White to approve the release of construction security in the amount of $250.00 for Phase 1 of the Countryside Subdivision in accordance with Keystone Consulting Engineer’s recommendation made by a letter dated January 24, 2006.

The motion was carried by a vote of 5 to 0.

Assignment of Tumblebrook Golf Course Lease
This item was voted on during the Committee Reports section under the review of the Recreation and Culture Committee Meeting of January 31, 2006.

Bucks County Search and Rescue – Request to use Township-owned Property
This item was voted on during the Committee Reports section under the review of the Recreation and Culture Committee Meeting of January 31, 2006.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoices List #02132006 dated 02/10/2006……….$165,238.56
Warrant List #02132006 dated 02/10/2006………………...$273,884.27

A motion was made by Mr. Gutzmirtl and seconded by Mrs. White to approve the Prepaid Invoices and Warrant List #02132006 date 02/10/2006.

Mr. White asked about a charge on Page 20 of the Warrant List from The University of Pennsylvania for $1,512.95. He believed the charge was for a root canal and crown for the police dog and asked for a copy of the report related to the invoice.

The motion passed unanimously.

ADDITIONAL BUSINESS
Mr. Beil reviewed a letter from George and Judy Bloeser of 6500 Limeport Pike requesting a change in the days and times the Township’s Leaf and Yard Waste Drop-Off Center is open in the month of March.  Mr. Beil suggested the matter be forwarded to the Public Works Committee for further review.

A consensus was reached by the Board to forward the request to the Public Works Committee.

COURTESY OF THE FLOOR
Joe Cassano – 5870 Main Street – Mr. Cassano voiced concerns regarding light pollution as it related to the Paul C. Chernay Land Development.

Chairman Wagner explained that the Township has light ordinances in place to limit light pollution from commercial developments.

Mr. Cassano said the ordinances could be more restrictive, while still allowing business to exist.

Mr. Gutzmirtl gave a brief background of the Township’s lighting ordinance and how it developed. He said no major development has gone in since the ordinance has been in place, so the Township will see the results of it for the first time with the Chernay project.

Mr. Cassano said one thing that needs to be done is to require developers to put lighting details on their plans.

EXECUTIVE SESSION
The Board met in Executive Session to discuss a personnel matter.

ADJOURNMENT
A motion was made and seconded to adjourn the meeting.

Motion carried by a vote of 5 to 0.

______________________________
Secretary