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Board of Supervisors
Agenda
MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, April 14, 2008 - 6:00 p.m.
Township Municipal Building
Members Present:
Miro A. Gutzmirtl, Chairman
John E. Gilda, Jr.
Joyce V. White
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Jeffrey Dimmich, 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 COMMENT
Public Comment is summarized as follows:
David Master – Blue Church Road – Mr. Masters appeared before the Board as a delegate from Springfield Township. He has lived in his home for 42 years and has recently become concerned with the amount and type of traffic traveling Blue Church Road. Mr. Masters requested the Township consider lowering the speed limit, as well as placing a weight limit on the road to address both of his concerns. He said to do so however, the Township would have to work in cooperation with Springfield Township since the road crosses from one municipality to the other.
Mr. Beil said he would contact Springfield Township to discuss the matter.
Donald Young – 6525 New Street – Mr. Young asked about the Township’s involvement and position on the PP&L power line proposal.
Chairman Gutzmirtl responded the subject would be addressed later on in the agenda.
Mr. Young also inquired about the censuring of the Whites and whether any additional information had become available since the last meeting.
Attorney Dimmich replied no new information was available at this time.
Bryan MacFarlane – 3416 Station Avenue – Mr. MacFarlane specifically addressed Mrs. White asking her to explain the motivation and reasoning behind her actions regarding the McGrath lawsuit.
Mrs. White took the opportunity to read a statement she had prepared addressing the accusations made in Resolution 2008-15 censuring her and her husband, which was adopted at the March 10, 2008 Board of Supervisors meeting. Mrs. White began by saying that she had never knowingly done anything to harm the Township or its residents. In addition, she claimed to have never disclosed with anyone any information that was confidential or privileged, adding that the only correspondence she forwarded to McGrath representatives was regarding their win in relation to a private request, which was reported on the same day in a local newspaper. Furthermore, she said she was never informed that email sent to Supervisors by the Township Solicitor was considered attorney-client privileged information. Mrs. White said she was devastated to learn of the resolution upon her release from the hospital after surgery and would have requested a deferment if there had been adequate time. She said she learned of the resolution only the day before the meeting where it was adopted and said to date, she had not even seen the documents used to support the resolution. She felt that it was unfair for the other members of the Board to proceed with adopting the resolution when she had not seen the evidence against her and was unable to attend the meeting to defend herself. She continued saying despite the fact that she had a different philosophy than her fellow Board members regarding the responsibility of government officials; she said she always had the Township’s best interests in mind. It was her belief that every proposal received by the Township should be approached by officials in a positive manner, problems should be discussed openly with the applicant, and discussion should be held in a friendly and trusting environment. She added the Township cannot assume all developers are dishonest and working against the Township and its residents. Mrs. White said she knew the other members did not trust her, but she admitted she could not trust them because she did not know the reasons behind their decisions. She was tired of fighting amongst the Board and felt that nothing good could be accomplished as long as the members were working against each other. Additionally, she felt being prohibited from viewing pertinent information or sharing in confidential discussions would impede her ability to operate efficiently and effectively as a Supervisor. She said as they move forward, she was prepared to be open and respectful toward fellow Board members asking for the same in return.
Attorney Dimmich explained for those in the audience that the solicitor does not make policy. The elected officials are the policy-makers and the solicitor must communicate and work with the members of the Board. All of those communications, whether to or from the solicitor, he said, are confidential. Attorney Dimmich also explained how the Township became aware of the information leak through the litigation filed by McGrath pointing out the redacted documents associated with Resolution 2008-15 were distributed at the last meeting.
Chairman Gutzmirtl followed up Attorney Dimmich’s comments by saying that copies of redacted documents would again be made available to the public during that night’s meeting. He addressed Mrs. White’s statement by saying an issue of trust had been created and the Board would stand by the resolution. He did, however, thank Mrs. White for her comments.
Donald Young – 6525 New Street – Mr. Young asked if it was common practice for individual Board members to correspond with developers regarding a development proposal via email.
Attorney Dimmich replied no.
Rick Nelson - 5675 Applebutter Hill Road – Mr. Nelson was curious why it seemed Mrs. White has always sided with the developer allowing maximum density for maximum profit.
Mrs. White responded developers should be allowed to develop the land as it is zoned.
Mr. Nelson told Mrs. White when she sides with developer, it forces the taxpayer to subsidize the developer’s profit.
Mrs. White said she believed any development proposal was perceived as negative by the Township from the moment it was received, and she did not think that was fair. Plus, she said she allowed for higher density development in the hopes of providing more affordable housing in the Township.
Mr. Nelson reiterated that allowing higher density development only results in higher profits for the developer and high taxes for residents. Mr. Nelson also pointed out Mrs. White had repeatedly fought for public sewer over on-lot sewer systems, which also allows the developer to build more homes and make more money.
Mrs. White responded that an on-lot sewage system was just a problem waiting to happen and that was why she was not in favor of approving them.
Mr. Nelson posed the following question to Mrs. White: “who elected you - the taxpayers or the developers?” He said it was finally time for Mrs. White to side with the tax-paying residents and resign from the Board.
Mindy Moore – 4325 Boulder Drive – Mrs. Moore returned to a comment made by Mrs. White during her earlier statement where she said the only information she ever forwarded to McGrath was public information. Mrs. Moore wanted to know if the information was public, then why weren’t the documents distributed at the public meetings.
Mrs. White said she was only aware of one email she ever forwarded to McGrath and claimed it did not contain privileged or confidential information.
Mrs. White said she had not seen any of the documents that were distributed and that she had not spoken with McGrath representatives in over a year.
Chairman Gutzmirtl disputed Mrs. White’s claim saying she was given a packet of the documents.
Mr. Beil confirmed that she should have received a packet containing the pertinent documents.
Attorney Dimmich noted Mrs. White should be provided with an unredacted copy of the packet that was given out to the other Board members.
Chairman Gutzmirtl said Mrs. White was given a meeting packet prior to the March 10th meeting that contained the pertinent documents. Furthermore, Mrs. White’s attorney was in attendance at this meeting and was given a copy of the pertinent documents.
Mrs. White denied passing on any privileged or confidential information to McGrath.
Mrs. Moore wondered who else Mrs. White had passed on information to in her years on the Board.
Mrs. White again denied sharing confidential information with McGrath.
Mrs. Moore then questioned Mrs. White’s comments on development in the Township. Mrs. Moore said officials should not be in favor of any kind of development since each proposal should look at it impartially.
Mrs. White said she favored the Age Qualified Community for the Locust Valley tract and believed that all proposals should be given fair consideration.
Mrs. Moore concluded her comments by saying she hoped Mrs. White would decide to resign.
Janet Gruver – 5208 Tilghman St – Mrs. Gruver told the Board she did not want development at Locust Valley at all because of the increase in traffic and possible disturbance of the already suffering water supply in the area.
Mrs. Gruver also wanted to know whether or not the Township would pursue legal action against the Whites if the Township loses its legal battle with McGrath.
Attorney Dimmich replied the Township has not yet determined whether legal action will be taken.
Chairman Gutzmirtl then read aloud an email dated May 3, 2007 from Mrs. White to Paul Callahan of McGrath Homes which was included in the packet of documents supporting the Resolution censuring Mr. and Mrs. White. In the email, Mrs. White used the phrase “we shall win eventually and we are keeping our fingers crossed” suggesting that Mrs. White supported McGrath in their litigation against the Township.
Lenore Wagner - 4344 West Hopewell Road – Mrs. Wagner wanted to know why Mrs. White chose the word ‘we’ instead of ‘you” in her email of May 3, 2007.
Mrs. White did not remember the May 3, 2007 email.
Mrs. Wagner reminded Mrs. White that she was not part of McGrath’s team and that she should have been representing the Township.
Patricia Young – 6525 New Street – Mrs. Young said she moved to the Township to avoid sprawl and shortly after moving was involved in a fight for her neighborhood. Mrs. Young said that Mrs. White’s position is that land should be allowed to be developed as it is zoned. Yet, it was Mrs. White who voted in favor of rezoning the tract bordering her neighborhood to suit the needs of a developer. Mrs. Young wanted to know whether it was a common occurrence for Supervisors to communicate with developers on their own time outside of the public arena.
Chairman Gutzmirtl replied it was certainly not common practice.
Helen Bresnock – 4230 Chelten Lane – Mrs. Bresnock asked Mrs. White what she expected to offer as a benefit to the Township at this point, since she was causing more controversy than she was doing good.
Mrs. White felt she had contributed many good things over the years as a member of the Board.
Mrs. Bresnock suggested that Mrs. White’s time had passed and that she should resign from the Board.
CHAIRMAN’S REMARKS
Chairman Gutzmirtl mentioned the new tot lot at the Township Park, thanking Don Eck, Superintendent of Roads, and his crew, not only for putting it together, but for integrating it into the surroundings of the park. Chairman Gutzmirtl also spoke about the Boy Scouts recent use of the park for orientation of potential new members. He was proud to say the Scouts left the park as they found it and had a wonderful experience. Chairman Gutzmirtl spoke to the history of the Township’s meeting minutes noting that when he first took office, it would take several months to draft the minutes. This time lapse created a problem for the public because the meeting minutes were not available for public review in a timely fashion. He said that as of this evening’s meeting, the minutes would be up to date. He thanked Mr. Beil and Ms. Lauren Fitzsimons for there hard work saying it was now possible for residents to know what was going on in the Township in real time.
PRESENTATIONS
None
PUBLIC HEARINGS
None
SUBDIVISIONS AND LAND DEVELOPMENTS
None
MINUTES
Regular Meeting of January 22, 2008
A motion was made by Mr. Gilda and seconded by Mrs. White to approve the minutes of the January 22, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Regular Meeting of February 11, 2008
A motion was made by Mrs. White and seconded by Mr. Gilda to approve the minutes of the February 11, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Regular Meeting of February 26, 2008
A motion was made by Mr. Gilda and seconded by Mrs. White to approve the minutes of the February 26, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Regular Meeting of March 10, 2008
Attorney Dimmich noted that Mrs. White was permitted to vote on approving the March 10th meeting minutes even though she was not in attendance at that meeting.
A motion was made by Mr. Gilda and seconded by Chairman Gutzmirtl to approve the minutes of the March 10, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
COMMITTEE REPORTS
None
ORDINANCES
None
RESOLUTIONS
Resolution No. 2008-19 – Traffic Signal at Center Valley Parkway & Corporate Parkway (Eastern Connection)
A motion was made by Mrs. White and seconded by Mr. Gilda to adopt Resolution No. 2008-19 approving the installation of a traffic signal at the intersection of Center Valley Parkway & Corporate Parkway (Eastern Connection).
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Resolution No. 2008-20 - Traffic Signal at Center Valley Parkway & Corporate Parkway (Western Connection)
A motion was made by Mr. Gilda and seconded by Mrs. White to adopt Resolution No. 2008-20 approving the installation of a traffic signal at the intersection of Center Valley Parkway & Corporate Parkway (Western Connection).
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
MOTIONS
Release of Funds – Penn’s View South Subdivision – Certification No. 2
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize the release of construction security in the amount of $42,402.69 for the Penn’s View South Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated March 6, 2008.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Release of Funds – Epernay Subdivision – Certificate No. S-1
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize the release of construction security in the amount of $124,726.54 for the Epernay Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated March 19, 2008.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Award Bid for Crack Sealing, Micro-Surfacing, and Seal Coating of Various Township Roads – Bid No. 2008-04
A motion was made by Mr. Gilda and seconded by Mrs. White to award the micro-surfacing bid to Asphalt Paving Systems, Inc., in the amount of $79,119.00.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
A second motion was made by Mr. Gilda and seconded by Mrs. White to award the crack sealing bid to Asphalt Maintenance Solutions, LLC in the amount of $40,453.95.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
A third motion was made by Mr. Gilda and seconded by Mrs. White to award the bituminous seal coat bid to Asphalt Maintenance Solutions, LLC in the amount of $121,524.00.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Release of Funds – Penn’s View South Subdivision – Certification No. 3
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize the release of construction security in the amount of $215,244.81 for the Penn’s View South Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated April 10, 2008.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Release of Funds – Locust Manor Subdivision – Certificate No. 3
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize the release of construction security in the amount of $25,268.99 for the Locust Manor Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated April 10, 2008.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Request for Payment – Suburban Water Testing Labs, Inc. – Certification No. 1 (First Quarter)
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment in the amount of $6,130.00 to Suburban Water Testing Labs, Inc., for annual laboratory services for the wastewater treatment and water distribution systems.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
Rescind Release of Escrow – Locust Valley Estates Phase II
A motion was made by Mrs. White and seconded by Mr. Gilda to rescind the February 11, 2008 approval by the Upper Saucon Township Board of Supervisors of the request for release of escrow funds submitted by Griesemer Polsinelli, Inc., in connection with the Locust Valley Estates Phase II subdivision, pursuant to Certification No. 2 in the amount of $197,384.43; and to authorize the Township Manager to take all steps necessary to protect Township interest in accordance with the advice of the Solicitor and Township Engineer.
Mr. Beil briefly summarized the sequence of events that resulted in the rescinding motion. He explained the approval was being rescinded at the advice of the Solicitor due to a breach of the improvements agreement.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
CORRESPONDENCE AND INFORMATIONAL ITEMS
Letter from Springfield Township
The Board reviewed a letter from Springfield Township regarding the PPL application to install a new high voltage transmission line in the area.
Mr. Beil detailed the proposed location and route for the transmission lines through Upper Saucon Township. He stated that the Township and PPL were cooperating on relocating the transmission line through the Tumblebrook Golf Course which is owned by the Township. The existing transmission line on the golf course would be relocated such that it will have less of an impact on play at the golf course.
There was a short discussion regarding the PPL proposal for Upper Saucon Township, the future implications of the new transmission lines, and the timeline for intervention by the Township.
Mr. Beil said the deadline for intervention by the Township concerning PPL’s Public Utilities Commission application was sometime in May.
Chairman Gutzmirtl requested that the matter be tabled until the next meeting so the absent Board members could participate in the discussion.
DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – April 21, 2008
Mr. Beil reviewed the three appeals on the April 21, 2008 Zoning Hearing Board Agenda.
The consensus of the Board was that the Township Solicitor should appear and represent the Board of Supervisors as an objector in the appeal of Castle Dental.
BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #03252008 dated 04/11/2008……..$777,302.16
Warrant List #03252008 dated 04/11/2008……………..$567,987.59
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #03252008 dated 04/11/2008.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Gilda: Yes
Mrs. White: Yes
The motion carried by a vote of 3 to 0 with Mr. Wagner and Mr. Horvath absent.
ADDITIONAL BUSINESS
Cancellation of April 22, 2008 Meeting
Mr. Beil told the Board the next regular meeting was scheduled for April 22, 2008, which would be the day of the primary elections. He suggested, since the meeting room would be in use, that the meeting be cancelled.
The consensus of the Board was to cancel the April 22, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.
COURTESY OF THE FLOOR
Donald Young – 6525 New Street – Mr. Young inquired about the reason for the installation of the new high voltage transmission lines by PPL. He feared the new lines would be used to support additional development in the immediate and surrounding area.
Chairman Gutzmirtl replied there was a need for additional electric supply in the areas that the lines will run through and some growth was probably anticipated, but the main reason for the new line was to replace the existing outdated lines.
Patricia Young - 6525 New Street – Mrs. Young asked why the Township could not suggest PPL use Route 309 as the corridor for the new lines.
Mr. Beil replied PPL has already said they explored all other avenues and decided there was no other possible route.
There was a short conversation about the location of existing transmission lines in the Township and whether or not they would be enough to support future growth.
Mindy Moore – 4325 Boulder Drive – Mrs. Moore requested more information on the third appeal by Flint Hill Farm Educational Center, Inc., that was on the April 21, 2008 Zoning Hearing Board Agenda.
Chairman Gutzmirtl clarified the appeal was part of an effort by the Township to assist farm owners in finding ways to keep their land open and undeveloped. The appeal was merely part of the process outlined in Ordinance 79-WW.
EXECUTIVE SESSION
None
ADJOURNMENT
A motion was made by Mr. Gilda and seconded by Mrs. White to adjourn the meeting.
The motion carried by a vote of 3 to 0 at 8:16 p.m., with Mr. Wagner and Mr. Horvath absent.
Secretary
Disclaimers and Legal Information
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