Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, April 20, 2009 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, Vice Chairman
Joseph M. Horvath

Participating Via Speakerphone:
John E. Gilda, Jr.
                                   
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Jeffrey Dimmich, Township Solicitor
Dennis E. 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:

Robert Fulford – 3675 N. Saucon Avenue - Mr. Fulford began by giving a summary of his personal and educational background, as well as his involvement in community and municipal organizations and projects. He proceeded by telling the Board that he was responsible for a letter regarding the removal of trees that he feels are dangerous along Preston Lane. Furthermore, Mr. Fulford had some comments, questions, and suggestions that he wanted heard, including a thank you for the Boy Scout articles in the newsletters, a questions of when the intersection of Route 309 and Camp Meeting Road was to be widened, and the recommendation that the fire hydrant at that intersection be moved to the other side of the road.

Mr. Beil said the widening of the intersection could come as soon as the upcoming summer months, but could be as far off as next year, while Mr. Harman said the relocation of the fire hydrant is being proposed.

Mr. Fulford also suggested the installation of a second entrance to the Township Building, which Chairman Gutzmirtl said was being investigated through the acquisition of an adjacent property.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl mentioned the Township Spring Clean-up Day that took place on Saturday, April 18, 2009.  He was delighted to report that 50 Upper Saucon residents volunteered to clean up the Saucon Creek Watershed areas and the future rails to trails path and that some the debris was able to be turned in for money that will go back toward the cause. He thanked all those that volunteered and asked that the names be gathered and published publicly in the Township Newsletter. Chairman Gutzmirtl also praised Environmental Advisory Council member Erin Frederick and Chairman Tom Gettings for their hard work and dedication to the Township and the environment.

PUBLIC HEARINGS
White Orchids Thai Cuisine - Inter-Municipal Liquor License Transfer
A public hearing was held to accept public comment and input regarding a request made by White Orchids Thai Cuisine, LLC for approval of the transfer of Liquor License No. R-11829 from an existing establishment in the City of Allentown to the existing White Orchids Thai Cuisine Restaurant at 2985 Center Valley Parkway (Suite 200 of The Promenade Shops at Saucon Valley).

Attorney Dimmich handled the proceedings on behalf of the Township reading into the record exhibits T-1 through T-4.

Present on behalf of the applicant was Attorney Marc Kranson and Chumroon Virojanapa of White Orchids Thai Cuisine, LLC.  Mr. Virojanapa gave testimony in support of the applicant’s request to transfer Liquor License No. R-11829 into Upper Saucon Township.

Attorney Kranson asked that exhibits A-1, a picture of the restaurant as it current exists, and A-2, a copy of the restaurant’s menu, be admitted into the record of the hearing.

Chairman Gutzmirtl was the only Board member to ask a question, which was answered promptly by Mr. Virojanapa.

No members of the public commented during the hearing.

A motion was made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2009-26 approving the request made by White Orchids Thai Cuisine, LLC for the transfer of Liquor License No. R-11829 from an existing establishment in the City of Allentown to the existing White Orchids Thai Cuisine Restaurant at 2985 Center Valley Parkway (Suite 200 of The Promenade Shops at Saucon Valley).

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

Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes

The motion carried by a vote of 4-0

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Brinley Court Land Development
Attorney Dimmich reviewed the long history of the Brinley Court Land Development plans for the Board.  Attorney Dimmich reviewed the Board’s options, including granting the requested extension which contains specific parameters and conditions, denying the plan based on a variety of elements, or conditionally approving the plan. He noted that the Township’s Planning Commission had recommended denying the plan and that a conditional approval was not appropriate if there was a major defect in the plan. In that case, the plan should be denied. Furthermore he added that a check had been received by the Township for outstanding review fees and a revised plan had been submitted just hours before the meeting. He said it was his opinion that the late filing of the revised plan was not in good faith.

Attorney Robert Gundlach, Jr., was present on behalf of the applicants, Harold and Ann Dieterly, who were also in attendance with their son and Power of Attorney, Keith Dieterly. Attorney Gundlach explained the history of the development of the property and the most current actions of the Dieterlys.

Attorney Dimmich asked whether the plan before the Board that night was the revised plan submitted that day or the plan that was reviewed by the Township’s Planning Commission.

Attorney Gundlach replied the plan that was submitted earlier in the day only differed from the previous plan in that it addressed the outstanding technical comments contained in a previous review letter. He added a letter was submitted with the revised plan that explained the revisions and which comment or concern the revision addressed.

Attorney Dimmich and Attorney Gundlach discussed the non-operating status of the Coopersburg and Upper Saucon Township Municipal Authorities and the regulations associated with and the laws governing a municipalities ability to provide services to entities outside the municipality.

Attorney Dimmich then asked Attorney Gundlach if his clients were willing to accept the conditions set forth in Resolution No.2009-27.
Attorney Gundlach replied the conditions were acceptable to his clients with a few slight modifications. He stated that some of the conditions, as written, could not be met within the 90-day time extension and outlined specifically the modifications he would make to conditions 4, 6, and 7.

There was a brief discussion regarding the Township Zoning Ordinance requirements for “will serve” letters in relation to Preliminary Plan approval, as well as water and sewer service in relation to the Primary and Final Land approvals.

Attorney Gundlach explained why many of the required approvals were not pursued earlier in the process.

Professional Engineer Bill McNaney of Van Cleef Engineering Associates provide the Board, Attorney Dimmich and Mr. Harman with an understanding of the locations of additional water sources on the property that could serve as wells.

Attorney Dimmich asked if the plan was to convey the wells to the Borough of Coopersburg.

Attorney Gundlach responded the intent was to make those wells part of the Borough’s water system.

There was a lengthy conversation involving Attorney Dimmich, Attorney Gundlach, Mr. Harman, Chairman Gutzmirtl, Mr. Gilda, and Mr. Wagner regarding the existing wells on the property, what municipality the wells were located in, who would own and operate the wells, how the wells would be accessed and used, and whether or not the proposal would violate the Township Zoning Ordinance.

That conversation led into an assertion by Attorney Dimmich that it was the developer’s responsibility to present a proposed plan to the Board for review, which included a comprehensive plan for providing water and sewer services, and not the responsibility of the Board to provide the developer with a plan.

There was further discussion regarding a wetland issue that would have to be reviewed by the Department of Environmental Protection, public sewer capacity and connection plans, and the proposed access points to Main Street.

Chairman Gutzmirtl commented that with all the issues that were discussed, it seemed there were too many variables that were introduced in the eleventh hour.

Attorney Gundlach quickly reviewed the modifications to the conditional time extension that he was requesting and the reasons behind the request, while Attorney Dimmich offered his opinion of the modifications. Attorney Dimmich was not comfortable with the requested modification.
No motion was made to adopt Resolution No. 2009-27 conditionally accepting the developer’s offer of a time extension for the Preliminary Plan of Harold and Ann Dieterly for the Brinley Court land development. Therefore, the time extension request was denied.

Attorney Gundlach asked the Board to consider granting a two-week time extension to allow him, his clients, the Township, and the Township Solicitor to work out the conditions of the Preliminary Plan time extension.

No motion was made to grant a two-week time extension.

Attorney Gundlach requested that the motion for approval or denial of the Preliminary Plan be moved to the conclusion of the public hearing on the Conditional Use Application because the hearing would provide the Board with the details necessary to render an informed decision.

Attorney Dimmich and Mr. Harman supplied the Board with their input on the Preliminary Plan, specifically focusing on the water, sewer, and access issues discussed previously.

Chairman Gutzmirtl also chose not to defer a motion for approval or denial of the Preliminary Plan until after the public hearing on the Conditional Use Application.

A motion was made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2009-27 denying the Preliminary Plan of Harold and Ann Dieterly for a 215-unit townhouse development on 41.34 acres at 7535 and 7611 South Main Street.

Attorney Gundlach asked to present details of the revised plan prior to the vote, which the Board allowed.

Mr. McNaney told the Board that all of the comments made in the review letters were addressed by the revised plan. Specifically, Mr. McNaney said the water, sewer, and access issues had be addressed by the revised plan.

Attorney Gundlach also introduced Project Manager Fred Ebert, Professional Engineer as an expert regarding the sewer and water issues and concerns.

Attorney Dinkelacker had some questions for Mr. McNaney in connection with the wells on the property, which Mr. McNaney answered to the best of his ability. Many of the questions, Mr. McNaney said, would be better answered by other engineer’s from his firm.

Attorney Dinkelacker also questioned Mr. McNaney on the changes that were made with regards to the access roads.

Mr. McNaney explained the changes that were made to bring the access roads into compliance with SALDO requirements.

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

Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
The motion carried by a vote of 4 to 0.

MINUTES
Regular Meeting of March 2, 2009
A motion was made by Mr. Horvath and seconded by Mr. Gilda to approve the minutes of the March 2, 2009 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0.

Regular Meeting of March 16, 2009
A motion was made by Mr. Horvath and seconded by Mr. Wagner approve the minutes of the March 16, 2009 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Release of Funds – DeSales University – Dormitory Expansion – Certification No. S-1
A motion was made by Mr. Wagner and seconded by Mr. Horvath to authorize the release of construction security in the amount of $44,000.00 for the DeSales University Dormitory Expansion Project in accordance with the Township Sewer Engineer’s recommendation made by a letter dated March 28, 2009.

The motion carried by a vote of 4 to 0.

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #04202009 dated 04/17/2009……..$115,839.96
Warrant List #04202009 dated 04/17/2009……………..$148,619.47

A motion was made by Mr. Wagner and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #04202009 dated 04/17/2009.

The motion carried by a vote of 4 to 0.

ADDITIONAL BUSINESS
None

PUBLIC HEARING
Harold and Ann Dieterly – Application for Conditional Use Approval – Brinley Court
A public hearing was held to accept public comment and input on the Conditional Use Application of Harold and Ann Dieterly for the construction of 215 single family attached dwelling units in the form of a townhouse development on 41.34 acres located at 7535 S. Main Street and 7611 S. Main Street. The applicant requests conditional use approval pursuant to Sections 602.B.15, 1702, and 1704.A.1-10 (as amended by Ordinance 79-JJ) of the Township Zoning Ordinance. The subject properties are zoned R-3 Multi-Family Residential District.

Attorney Dimmich handled the proceedings on behalf of the Township. He began by introducing Attorney John Stover, who was retained to represent the interests of the Township.

The following individuals were recognized as party objectors/interested persons in this matter:

• Donald DeCray of 504 Linden Street, Coopersburg
• Robert Holland of 2597 South Main Street, Coopersburg
• Patricia Volk DeCray of 504 & 506 Linden Street, Coopersburg
• Fred Coughenour of 7532 South Main Street, Coopersburg
• Matthew Boyle of 7619 South Main Street, Coopersburg

Attorney Gundlach, counsel for the applicant, objected to Attorney Jeff Dimmich participating as solicitor to the Board due to Attorney Dinkelacker’s (Attorney Dimmich’s legal partner) adversarial cross-examination of Bill McNaney (applicant’s engineer) during review of the subdivision plan.  Attorney Gundlach raised concerns about possible improper communication between Attorney Dinkelacker and Attorney Stover.  Attorney Dinkelacker noted Attorney Gundlach’s objection.  Attorney Dimmich said he had no bias or inclination one way or the other and the hearing would be conducted fairly and impartially.

A brief executive session was called to discuss whether or not it was appropriate for Attorney Dimmich to participate as solicitor to the Board during the conditional use hearing. The Board returned from executive session and resumed the public hearing.

Present on behalf of the applicants was Attorney Robert Gundlach, Jr., Professional Engineer Bill McNaney of Van Cleef Engineering Associates, Project Manager Fred Ebert, Professional Engineer, and Keith Dieterly, son of Harold and Ann Dieterly.  Messrs. McNaney, Ebert and Keith Dieterly gave testimony in support of the applicant’s request for conditional use approval.  Harold and Ann Dieterly were present but did not provide testimony. 

Miro Gutzmirtl stopped the hearing at approximately 11:11 pm and said the hearing would have to be continued to another night.  There was a brief discussion concerning possible dates for a future hearing.  All parties agreed that the hearing would resume on Friday, May 15, 2009 at 6:00 pm at the Township Municipal Building.

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”.

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

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

The motion carried by a vote of 4 to 0.

                                                                       
Secretary