Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, April 10, 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, Assistant Director of Community Development
Thomas Dinkelacker, Township Solicitor
Dennis Harman, 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 HEARINGS
Aldi, Inc. - Distribution Facility Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Aldi, Inc., for the construction of a 2,613 square foot office addition, a 52,022 square foot warehouse addition, and a 70,894 square foot freezer addition to the existing Aldi distribution facility at 2700 Saucon Valley Road. The applicant requests Conditional Use approval pursuant to Sections 1102.B.6, 1402, 1403, and 1702 of the Upper Saucon Township Zoning Ordinance. The subject property is zoned I – Industrial District and is also located within the ESZ – Environmentally Sensitive Overlay Zone.

Present to represent Aldi, Inc., were Attorney James Preston and Kara Harvey, Warehouse Director of Aldi, Inc. Also present to testify on behalf of the applicant was Bryan Ritter, P.E., of Jena Engineering Corp., Stuart Jernigan of A.M. King Construction, and Mark Nass who was in charge of the traffic study.  Messrs. Preston and Ritter provided testimony in support of the applicant’s request for Conditional Use Approval.

Attorney Dinkelacker handled the proceedings on behalf of the Township.

One member of the public, James Rouland of 5559 Jared Drive, who is also a member of the Upper Saucon Township Zoning Hearing Board, commented during the public hearing.  He said he had a concern if there would be an increase in the number of trucks coming in and going out of the facility.  Ms. Harvey responded she felt there would be a reduction of truckloads coming in and out because they would be getting more full truckloads instead of half full truckloads.

Resolution No. 2006-18 – Approval of Aldi, Inc. - Conditional Use Application
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution 2006-18 conditionally approving the Conditional Use Application of Aldi, Inc., for the construction of a 2,613 square foot office addition, a 52,022 square foot warehouse addition, and a 70,894 square foot freezer addition to the existing Aldi distribution facility at 2700 Saucon Valley Road.

The motion carried by a vote of 5 to 0.

Proposed Ordinance No. 79-ZZ
A public hearing was held to accept public comment and input on proposed Ordinance No. 79-ZZ amending the Upper Saucon Township Zoning Ordinance by amending Article 15, General Regulations, to revise provisions pertaining to irregularly shaped lots.

Attorney Dinkelacker, Mr. Beil, and Ms. Yeakel introduced and reviewed proposed Ordinance 79-ZZ.

Members of the public that commented during this public hearing in favor or against proposed Ordinance 79-ZZ included:  Janet Thomas, 5777 Locust Valley Road; Anthony Caruso, 4971 Chestnut Hill Road; Bob Wasielewski, 5063 St. Joseph’s Road; Ralph Urmy, 3005 Forest Drive; James Rouland, 5559 Jared Drive; Charles Ruppert, 5201 Mountainside Lane, former Upper Saucon Township Director of Community Development; Gretel Ruppert, 5201 Mountainside Lane; Jack Daddona, Vera Cruz Road; and Bob Tettemer, Glen Road.

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.”

Adoption of Proposed Ordinance No. 79-ZZ
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to adopt proposed Ordinance No. 79-ZZ amending the Upper Saucon Township Zoning Ordinance by amending Article 15, General Regulations to revise provisions pertaining to irregularly shaped lots.

Chairman Wagner, Mr. Gutzmirtl, and Mr. Horvath voted in favor of the motion, while Mr. White and Mrs. White voted against it.  The motion carried by a vote of 3 to 2.

Melt Restaurant Group, LLC – Inter-municipal Liquor License Transfer
A public hearing was held to accept public comment and input regarding a request from Melt Restaurant Group, LLC to transfer Liquor License No. R-9523 from an existing establishment in
the City of Allentown to a proposed restaurant to be constructed at 2805 Center Valley Parkway (Space 624 of the Promenade Shops at Saucon Valley).

Present on behalf of Melt Restaurant Group, LLC were Attorney Theodore J. Zeller of Tallman, Hudders & Sorrentino, and David Brower, General Manager of Melt Restaurant.  Attorney Zeller and Mr. Brower provided testimony in support of the applicant’s request for an Inter-municipal Liquor License transfer.

Resolution 2006-20 – Approval of Melt Restaurant Group, LLC Inter-municipal Liquor License Transfer
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to adopt Resolution No. 2006-20 approving the request from Melt Restaurant Group, LLC to transfer Liquor License No. R-9523 from an existing establishment in the City of Allentown to a proposed restaurant to be constructed at 2805 Center Valley Parkway (Space 624 of the Promenade Shops at Saucon Valley).

The motion carried by a vote of 5 to 0.

The Board then took a 5 minute recess.  Chairman Wagner excused himself for the remainder of the meeting and Mr. Gutzmirtl took over as Acting Chairman.

PUBLIC COMMENT
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Aldi Distribution Facility Additions – Resolution No. 2006-19
Mr. Harman informed the Board that while the resolution in front of them contained all the conditions required by the Township’s Planning Commission, it did not contain the three (3) SALDO waivers requested by the applicant. He proceeded briefly stating the details of each waiver for the record.

It was the consensus of the Board to amend Resolution No. 2006-19 to include approval of the three waivers requested by the applicant.

A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2006-19, as amended, conditionally approving the Preliminary and Final Land Development Plans of Aldi, Inc., for the construction of a 2,613 square foot office addition, a 52,022 square foot warehouse addition, and a 70,894 square foot freezer addition to the existing Aldi distribution facility at 2700 Saucon Valley Road.

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

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

The motion carried 4 to 0 with Chairman Wagner absent.

MINUTES
None

COMMITTEE REPORTS
The Board reviewed the following Committee Report:

• Emergency Services Committee Meeting of March 27, 2006

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

RESOLUTIONS
Resolution No. 2006-21 – Appointment of LOSAP Committee Members
A motion was made by Mrs. White and seconded by Mr. White to adopt Resolution 2006-21 appointing Charles Castetter, Robert Fulford, Danny George, Keith Binkley, John Rutkiewicz, Robert Jones, and Barry Reinhard to the Length of Service Awards Program (LOSAP) Committee.

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

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

The motion carried 4 to 0 with Chairman Wagner absent.

MOTIONS
Agreement with Dennis J. Gehringer – Preparation of New Subdivision & Land Development Ordinance
A motion was made by Mr. White and seconded by Mrs. White to approve the Agreement with Dennis J. Gehringer, Land Use and Planning Consultant, for the preparation of a new Subdivision and Land Use Development Ordinance and to authorize the Chairman to execute said Agreement on behalf of the Township.

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

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

The motion carried 4 to 0 with Chairman Wagner absent.

Request for Payment – James T. O’Hara, Inc. (Certificate for Payment No. 2)
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment in the amount of $149,743.75 to James T. O’Hara, Inc., for work completed on the Hopewell and Chestnut Hill Roads Waterline Extension Project conditioned upon the payroll certifications received by the Township being in compliance with State regulations.

Mr. Beil assured the Board the payroll certifications were being reviewed and that payment would not be made until compliance was verified.

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

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

The motion carried 4 to 0 with Chairman Wagner absent.

Encroachment Agreement – Peter and Deanna Bosco – 4631 Old Bethlehem Pike
The Board reviewed the Encroachment Agreement with Peter and Deanna Bosco that would allow them to install a fence in a Township drainage easement on their property.

Attorney Dinkelacker provided the Board with the details of the Agreement.

Mr. Bosco was also present to answer any questions from the Board. In response to a question by Mrs. White, Mr. Bosco explained the fence was merely an extension of an existing privacy fence that would not interfere with drainage.

The Board then reviewed the proposed location of the fence using a map of the property.

A motion was made by Mr. White and seconded by Mrs. White to approve the Encroachment Agreement with Peter and Deanna Bosco in order to allow the Bosco’s to install a fence that would encroach upon the Township’s drainage easement on the property at 4631 Old Bethlehem Pike, and to authorize the Township Manager to execute said Agreement on behalf of the Township.

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

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

The motion carried 4 to 0 with Chairman Wagner absent.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Letter from Spring Valley Sportsman Association
The Board reviewed a letter from the Spring Valley Sportsman Association regarding the stocking of Saucon Creek for the upcoming fishing season.

Mr. Beil noted this is an annual occurrence.

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – April 17, 2006
The Board reviewed and discussed the Zoning Hearing Board Agenda for April 17, 2006, on which there were three (3) appeals. By consensus, the Board decided not to intervene on any of the three (3) appeals.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #04102006 dated 4/7/2006………..$80,770.40
Warrant List #04102006 dated 4/7/2006………………..$441,799.05

A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment of the Prepaid Invoice List and Warrant List #04102006 dated April 7, 2006.

Mr. White, Mrs. White, and Mr. Gutzmirtl had questions about specific invoices that were addressed by Mr. Beil and Mr. Kassel.

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

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

The motion carried 4 to 0 with Chairman Wagner absent.

ADDITIONAL BUSINESS
Award Bid for Fertilizer, Weed, and Insect Control Service at Various Township Properties
Mr. Beil told the Board the reason he brought the bid award before them was because there were only two bidders and one did not follow the bidding instructions. Therefore, that bid was disqualified leaving only one bidder.

Mr. Kassel reviewed the specifications of the bid and the prices quoted by the successful bidder.

A motion was made by Mrs. White and seconded by Mr. Horvath to award the bid for fertilization, weed and insect control service at the Township Park, Municipal Building, Ambulance Corps Building and Fire Station to the Brickman Group for a total bid price of $29,331.00.

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

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

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

                                                                       
Secretary