Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, February 27, 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
Thomas Dinkelacker, Township Solicitor
Dennis Harman, P.E., Township Engineer

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.”

PUBLIC HEARINGS
Proposed Ordinance No. 79-SS
A public hearing was held to accept public comment and input on Ordinance No. 79-SS, an ordinance amending the Upper Saucon Township Zoning Ordinance by amending the zoning map to rezone certain tracts of land at the northeast corner of the intersection of Passer Road and Route 309 and bounded by Passer Road, Route 309, and New Street from Commercial (C) to Suburban Residential (R-2).

Attorney Dinkelacker handled the proceedings on behalf of the Township reading into the record Exhibits T-1 through T-9.

Members of the public that spoke in favor of Ordinance 79-SS included Bryan MacFarlane of 3416 Station Avenue, Don and Pat Young of 6525 New Street, Donald Husvar of 3670 Flint Hill Road, John Gaughan of 6402 New Street, Sarah North of 6541 New Street, Joanne Loew of 6452 New Street, Mike Rieker of 6504 New Street, Dennis Walbert of 6562 New Street, Janet Thomas of 5777 Locust Valley Road, and Charles Ruppert of 5201 Mountainside Lane.

David VanArsdale of 6600 New Street was the only member of the public that spoke in opposition of Ordinance 79-SS.

Chairman Gutzmirtl, Mr. Wagner, Mr. Horvath, Mr. White, and Mrs. White all commented in favor of the ordinance.

A motion was made by Mr. White and seconded by Mr. Horvath to adopt proposed Ordinance No. 79-SS rezoning certain tracts of land located at the northeast corner of the intersection of Passer Road and Route 309 from Commercial (C) to Suburban Residential (R-2).

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.

A stenographer was present to record the proceedings. A copy of the transcript from the hearing is attached hereto, made a part hereof, and marked as Attachment “A.”

Proposed Ordinance No. 79-RR
A public hearing was held to accept public comment and input on Ordinance No. 79-RR, an ordinance amending the Upper Saucon Township Zoning Ordinance by amending the official zoning map to expand the existing Age Qualified Community Overlay District situated adjacent to the Center Valley Golf Club and Route 309 to include portions of certain tracts of land identified by Lehigh County Property Identification Numbers located along northbound Route 309.

Attorney Dinkelacker handled the proceedings on behalf of the Township reading into the record Exhibits T-1 through T-10. He then explained that the map amendment had been requested by DeLuca Homes and would expand the current Age Qualified Community Overlay District.

Attorney Edward Murphy of McBride and Murphy was present on behalf of DeLuca Homes. Attorney Murphy, with the help of Project Manager Scott McMackin of Cowan Associates, Inc., presented the Board with a brief review of the development plans and the reasons behind the developer’s request to include the two (2) parcels in the Age Qualified Community Overlay District.

No members of the public commented during the public hearing.

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

A motion was made by Mr. Horvath and seconded by Mr. White to adopt proposed Ordinance No. 79-RR amending the official zoning map to expand the existing Age Qualified Community Overlay District situated adjacent to the Center Valley Golf Club and Route 309 to include portions of certain tracts of land located along northbound Route 309.

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.

Proposed Ordinance No. 79-VV
A public hearing was held to accept public comment and input on Ordinance No. 79-VV, an ordinance amending the Upper Saucon Township Zoning Ordinance by amending the official zoning map to rezone portions of certain tracts of land located along northbound Route 309 and identified by Lehigh County Property Identification Numbers from Industrial (I) to Commercial (C).

Attorney Dinkelacker handled the proceedings on behalf of the Township reading into the record Exhibits T-1 through T-10 and noting the amendment was a landowner-proposed amendment.

Attorney Edward Murphy of McBride and Murphy was present on behalf of DeLuca Homes. Attorney Murphy, with the help of Project Manager Scott McMackin of Cowan Associates, Inc., presented the Board with a brief review of the subject parcels and the reasons behind the developer’s request to rezone the tracts.

No members of the public commented during the public hearing.

Mr. White wanted to know if there was any indication of the type of commercial uses that would be constructed.

Attorney Murphy replied it would be something along the lines of a free-standing sit-down restaurant.

Mr. Wagner asked about the boundary lines of the Age Qualified Community Overlay District, while Mrs. White inquired about access to and from the development. Both of their questions were answered promptly by Attorney Murphy.

Chairman Gutzmirtl commented in favor of the plan saying it would be a plus to the community because it would make better use of Industrial (I) zoned land.

A motion was made by Mr. White and seconded by Mr. Wagner to adopt proposed Ordinance No. 79-VV amending the official zoning map to rezone portions of certain tracts of land along northbound Route 309 near the intersection with East Hopewell Road from Industrial (I) to Commercial (C).

Mrs. White was not in favor of the motion because she was unhappy with the location of the connector road through the development which connects to Route 309.  She referenced the Lehigh Valley Planning Commission’s comments against the location of the connector road. She was, however, in favor of the Age Qualified Community Overlay District, despite her objections to the location of the connector road.

Mr. Wagner believed Mrs. White’s concerns were valid and that the developer would surely face hurdles with respect to the intersection. As for the road dividing the two (2) halves of the development, Mr. Wagner pointed out that the sections would essentially be two (2) different Age Qualified Communities constructed as Phase 1 and Phase 2 of the development.

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: No

The motion carried by a vote of 4 to 1.

PUBLIC COMMENT
Public Comment is summarized as follows:

Don Young - 6525 New Street – Mr. Young thanked the Board for listening to the community and responding by adopting Ordinance 79-SS.

Pat Young - 6525 New Street – Mrs. Young echoed her husband’s comments, thanking the Board for revisiting the zoning issue on that corner.

Bob Tettemer - Glen Road – Mr. Tettemer was happy to see the speaker’s podium dedicated to Upper Saucon’s fallen Police Officer, David M. Petzold. On another note, Mr. Tettemer commended the Township’s road crew for how well-kept the roads had been during the Valentine’s Day snowstorm. He noted the roads were in much better condition than those in neighboring communities.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl said this was a new addition to the agenda and would serve as a way to highlight the positives in the Township that otherwise go unrecognized.

Chairman Gutzmirtl began by mentioning the new speaker’s podium erected by two Township employees on their own personal time and dedicated in honor of fallen Police Officer, David M. Petzold. Secondly, he said the newly-created five member Environmental Advisory Council held their first meeting on February 20, 2007. In addition, Chairman Gutzmirtl thanked Lutron for their continued support of Family Fun Day and DeLuca Homes for their involvement in a forum concerning the School District’s EIT referendum question.

SUBDIVISIONS AND LAND DEVELOPMENTS
Dove Minor Subdivision – Sewage Facilities Planning Module
A motion was made by Mrs. White and seconded by Mr. White to approve the Sewage Facilities Planning Module for the Dove Minor Subdivision and to authorize its submission to the PA Department of Environmental Protection for final review and approval.

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. 2007-22 – Traffic Signal at West Saucon Valley Road and Lanark Road
A motion was made by Mr. Horvath and seconded by Mrs. White to adopt Resolution No. 2007-22 approving the installation of a traffic signal at the intersection of West Saucon Valley Road and Lanark Road.

Mr. Wagner asked if any other improvements were planned for the intersection and who would bear the cost for the installation of the traffic signal.

Mr. Beil replied it wasn’t clear yet what additional improvements, if any, would be needed. As for the traffic signal, it was a condition imposed on the developer of the Promenade Shops at Saucon Valley by PennDOT, and therefore would be paid for by the developer.

The motion carried by a vote of 5 to 0.

MOTIONS
Animal Control Agreement
A motion was made by Mr. Wagner and seconded by Mr. White to approve the agreement with the Lehigh County Humane Society for animal control services for the year 2007 and to authorize the Township Manager to execute said agreement on behalf of the Board.

Mrs. White requested clarification of the ‘return to owner’ fee included in the contract.

Mr. Beil explained the Township would be billed at the end of the year for all animals returned to their owner.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Request by Lower Milford Township
Mr. Beil asked that the request by Lower Milford Township to receive an additional distribution of $13,213.00 for Earned Income Tax Revenues incorrectly credited to Upper Saucon Township for years 2000 and 2001 be referred to the Administration and Finance Committee for further investigation.

The Board, by consensus, referred the matter to the Administration and Finance Committee for further investigation.

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #02272007 dated 02/23/2007…….$  93,040.57
Warrant  List #02272007 dated 02/23/2007……………$254,150.78

A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment of the Prepaid Invoice List and Warrant List #02272007 dated 02/23/2007.

Mrs. White, Mr. Wagner, and Mr. White had questions regarding specific invoices that were addressed by Mr. Beil.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Chairman Gutzmirtl announced the First Place Award given to the Township by the State for the quarterly Newsletter.

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
An executive session was held to discuss pending litigation involving Sierra Management Company.

Upon returning from executive session, a motion was made by Mr. White and seconded by Mr. Horvath to approve the settlement proposal as contained in the Township Solicitor’s letter dated February 23, 2007 to Gregory R. Kessell, President of Sierra Management Company and that the same be considered a binding letter of intent upon acceptance by Sierra Management. The motion authorized the Township Solicitor, upon acceptance of the letter of intent by Sierra Management, to withdraw with prejudice the Township Zoning Hearing Board appeal.

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.

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

The motion carried unanimously.

                                                                       
Secretary