Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, May 8, 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
Jeffrey Dimmich, Township Solicitor
Thomas Dinkelacker, Township Solicitor
Sharyn E. Yeakel, Director of Community Development
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
None

PUBLIC COMMENT
Public Comment is summarized as follows:

Thomas Illick – 4420 Liberty Road – Mr. Illick offered his support of Ordinances 79-ZZ and 50-I. He learned about the ordinances after reading a letter that he received from an anonymous sender.

David Beecham – 5738 Applebutter Hill Road – Mr. Beecham told the Board he, too, received the letter and had come to the meeting interested in how the ordinances would affect him personally. He said he had always hoped to divide his land and sell the portion that his home is located on leaving the remaining portion undeveloped. He feared the ordinances may force him to sell the entire property to a developer instead.

Attorney Dimmich urged Mr. Beecham to contact the Township’s Planning and Development Staff to discuss his specific situation.

Bob Tettemer – Glen Road – Mr. Tettemer said he also received the letter and was in attendance when the ordinances were adopted to speak in opposition to them. He believed the letter to be fairly accurate and vowed if elected a Supervisor in 2008, he would work to have both ordinances rescinded.

Jack Conway – Vera Cruz Road – Mr. Conway said he felt the ordinances were unnecessary and that residents were capable of managing their own land. He said those who want to avoid future development of their land have the option of doing so through agricultural preservation.
                                                           
Joyce Harmony – 4664 Camp Meeting Road – Mrs. Harmony said she was not in favor of or against either of the ordinances because she did not know much about them. She said she came to the meeting interested in learning about the two ordinances and how they will affect her property. She said her land has been a difficult property that has undergone many changes, and she fears these ordinances may give her no other choice but to sell to a developer.

Attorney Dimmich advised Mrs. Harmony to contact the Township’s Zoning Office and Planning and Development Staff with questions regarding her property and its relation to Ordinances 79-ZZ and 50-I. He told her the Planning Staff could also assist her with questions she may have concerning slopes, wetlands, etc., on her property.

Anthony Caruso – 4971 Chestnut Hill Road – Mr. Caruso stated he believed the Supervisors had good intentions when drafting and adopting Ordinance Nos. 79-ZZ and 50-I, but were unaware of the hardships the two ordinances would create for residents. He said it seemed as though new Supervisors hurried these ordinances through as a way of instituting damage control and playing catch-up to the actions of previous Boards. He also noted the fear of overcrowding and overdevelopment was understandable given the influx of new homes and new residents in the Township in a short span of time. However, he said the Township needs to slow down, take a step back, and really examine the provisions and effects of these two ordinances.

Mr. Caruso also voiced concerns about the effect the two ordinances would have on property values across the Township, fearing values will decrease. He agreed that open space was important, but felt making it harder for residents to subdivide through the elimination of flag lots would not preserve open space, it would eliminate it by forcing property owners to sell to developers.

Janet Thomas – 5777 Locust Valley Road – Mrs. Thomas spoke in favor of Ordinance 81-A, which would regulate the hours of commercial construction activity on tracts of land within and abutting residential zoning districts believing it would improve the quality of life for all residents.

RECOGNITION OF JOHN BIGGAR
Board members recognized John Biggar for his 28 years as a member of the Upper Saucon Township Zoning Hearing Board. Mr. Biggar has served on the Zoning Hearing Board since December 31, 1978 and was presented with a plaque for his distinguished length of service.

Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert, former Director of Community Development for the Township, said he has known Mr. Biggar since he was appointed to the Zoning Board. Mr. Ruppert said Mr. Biggar represents the kind of volunteers needed by the Township, and doing the job as it was intended to be done and serving the community well. He added Mr. Biggar is intensely dedicated, giving an unrestricted amount of time to his position on the Board.

RECOGNITION OF NICOLE CASTETTER
Board members recognized Nicole Castetter for having successfully completed the basic certification requirements for Emergency Management staff members as established by the Pennsylvania Emergency Management Agency.

Chairman Wagner commended Mrs. Castetter for the extensive work she did and volunteer time she gave to bring the Township’s Emergency Management Plan up to date. He added that Mrs. Castetter also holds the position of Emergency Management Coordinator for Upper Saucon Township.

Mr. Gutzmirtl concurred with the Chairman’s comments, adding the Township was lucky to have Mrs. Castetter.

RECOGNITION OF MATHEW R. ANDERSON, DEREK R. HASSICK, AND STEVEN R. SPEHALSKI
Resolution 2006-24 – Recognition of Matthew R. Anderson
A motion was made and seconeded to adopt Resolution 2006-24 recognizing Matthew R. Anderson for attaining the Rank of Eagle Scout and for the tremendous honor he has brought to his family, Troop, and community through his achievements.

The motion carried by a vote of 5 to 0.

Resolution 2006-25 – Recognition of Derek R. Hassick
A motion was made and seconded to adopt Resolution 2006-25 recognizing Derek R. Hassick for attaining the Rank of Eagle Scout and for the tremendous honor he has brought to his family, Troop, and community through his achievements.

The motion carried by a vote of 5 to 0.

Resolution 2006-26 – Recognition of Steven R. Spehalski
A motion was made and seconded to adopt Resolution 2006-26 recognizing Steven R. Spehalski for attaining the Rank of Eagle Scout and for the tremendous honor he has brought to his family, Troop, and community through his achievements.

The motion carried by a vote of 5 to 0.

Mr. Gutzmirtl shared his experience as a Boy Scout and commended the work the three boys did to achieve Eagle Scout status.

DIRECTION / DISCUSSION ITEMS
Cancellation / Rescheduling of May 23, 2006 Board of Supervisors Meeting
An unidentified member of the public asked for the rationale behind moving the regular Board of Supervisors meetings from 7:00 p.m. to 6:00 p.m.

Chairman Wagner cited the often lengthy discussions that cause meetings to run long into the night as the main reason for moving the start time forward.

The same unidentified member of the public said the earlier start time made it harder for some to attend the meetings.

Attorney Dimmich explained the meetings could have been scheduled any time of the day, but in an effort to include as many members of the public as possible, the Board chose to conduct business after regular work hours.

Mr. Gutzmirtl reminded the public if they are unable to make it for the public comment portion at the beginning of the meeting, courtesy of the floor is held toward the end of every meeting as well. In addition, when the Chairman deems it appropriate, public comment is allowed on agenda items as they are addressed.

Attorney Dimmich said in his experience, the Township’s public comment policies are fairly liberal compared to those in other municipalities.

The unidentified member of the public asked if the Board would consider moving the meetings back one half hour to a start time of 6:30 p.m.

Chairman Wagner noted no matter what the start time, there would always be someone with a conflict. But in the future, he said, the Board would consider adjusting the time of the meetings.

Mr. Beil addressed the original agenda item, which was the cancellation or rescheduling of the May 23, 2006 Board of Supervisors meeting. He said at least one Board member would not be able to attend the meeting, and at that time, no major issues were on the agenda. If matters arose that could not wait until June, the meeting could be rescheduled for another night or held without the full Board present.

Mrs. White said for the convenience of the public, the Board should hold their meetings as advertised as long as there is a quorum.

Chairman Wagner asked for a motion and a second before discussing the matter any further.

Mrs. White made a motion that was seconded by Mr. White to hold the May 23, 2006 Board of Supervisors meeting as advertised.

Mr. Horvath questioned whether conducting a meeting would even be necessary given the lack of items on the agenda.

Mr. White said he would like to see the meeting stay scheduled for May 23, and if it is determined to have an insufficient number of items on the agenda, cancelled as it draws nearer.

Chairman Wagner said in his experience, it was not uncommon for the Board to cancel meetings due to lack of items on the agenda especially in the late spring and summer months.

Mr. Horvath and Mr. Gutzmirtl both voiced concern over holding a meeting unnecessarily that would require additional cost to the Township for staff and solicitor attendance. Furthermore, it would be inconvenient, they said, to ask the public to attend when the items on the agenda could be deferred until the following meeting.

Chairman Wagner asked Mrs. White if she would consider amending her motion, to which she refused.

Mrs. White said she was sure that items existed that could be addressed if the meeting were held, such as the appointment of someone to the Library Board.

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

Chairman Wagner: No
Mr. Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 1.

Board of Supervisors Policy on Speaker Phone Participation
Mr. Beil reviewed with the Board a proposed policy regarding Board member participation at public meetings via speaker phone.

Attorney Dimmich provided the Board with the background on how this proposed policy evolved and the legal findings that support the adoption of such a policy. He also detailed the Township’s existing policy that allows such participation only if the participant is recovering from a medical condition.

The Board then engaged in a discussion regarding the provisions and limitations of a new policy.

Mrs. White said participation via speaker phone should be used only in the case of an illness that prohibits attendance otherwise.

Mr. Gutzmirtl acknowledged Mrs. White’s opinion, but felt as officials elected by the public, Supervisors should have every opportunity to participate in every vote.

Mrs. White argued that via speakerphone, the Board and the public have no way of knowing if the person is paying attention.

Mr. Gutzmirtl responded that in all reality, there is no guarantee those in attendance are paying attention. He said if a Board member wants to contribute when he/she cannot attend, doesn’t that show their dedication to their responsibilities as an elected official.

Mr. White said business trips should be another circumstance added to the list of permitted uses, since they are usually out of a person’s control. On the other hand, he did not believe the phones should be provided to members absent due to a vacation.

Mr. Horvath, who works via technology with people around the world on a weekly basis, said a person’s contributions and decision-making abilities are not hindered through the use of technology, so why not allow them to be responsible and participate.

A short debate ensued between Mrs. White, who was in opposition to the proposal, and Mr. Horvath, who was in favor of it.

Following the debate, Mr. Gutzmirtl made a motion to adopt Resolution 2006-30, a policy allowing members of the Board of Supervisors to participate in public meetings by use of speaker telephone.

Mr. Horvath seconded the motion.

Chairman Wagner inquired how the resolution would pertain to a meeting held due to an emergency situation, such as a natural disaster.

Mr. Beil replied that under the proposed resolution, speaker phone participation would be allowed.

Chairman Wagner stated the use of speaker phone participation, in his experience, could be a useful tool, but hoped it would only be used when matters of the utmost importance are at hand and not for routine business.

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

Chairman Wagner: Yes
Mr. Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: No
Mrs. White: No

The motion carried by a vote of 3 to 2.

Zoning Hearing Board Agenda for June 19, 2006
Mr. Beil reviewed the Zoning Hearing Board Agenda for June 19, 2006, in which one appeal was to be heard from Sierra Management. The appeal asked for two variances in order to construct a conference center on property located near the Center Valley Golf Club on Center Valley Parkway.

The first variance asked the Township to allow a four-story, 50-foot tall building instead of the required three-story, 50-foot tall building. The second variance pertained to the buffer yard requirements which is 250 feet for conference centers.

After a brief discussion, the Board decided, by consensus, to have the solicitor appear at the hearing and represent the Board of Supervisors as an objector in the appeal of Sierra Management.

MINUTES
None

COMMITTEE REPORTS
None

PRESENTATIONS
None

ORDINANCES
Proposed Ordinance No. 81-A – Work Hours
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to adopt proposed Ordinance No. 81-A regulating the hours of commercial construction activity on all tracts of land within and abutting residential zoning districts.

Copies of the ordinance were made available to the public.

Attorney Dimmich reviewed the details of the ordinance for the Board including the time restrictions for each day of the week, applicable definitions, and the penalties for violation.

John Talago - 3769 Hawthorne Drive – Mr. Talago asked if the ordinance pertained to agri-business, to which Attorney Dimmich responded no.

Mr. Talago also asked if a person would be restricted from loading and/or preparing construction equipment at their place of business for a job offsite prior to the 7:00 a.m. start time, to which Attorney Dimmich replied yes.

Jack Conway – Vera Cruz Road – Mr. Conway reminded the Board that the minimum lot size in the South Mountain Preservation District is already 5 acres and that additional regulations might be excessive.

Gretel Ruppert – 5201 Mountainside Lane – Mrs. Ruppert was curious to know who would be enforcing the ordinance.

Chairman Wagner responded it could be handled by the Township’s Code Enforcement Officer or the Township’s Police Department.

Attorney Dimmich explained the process of enforcing and issuing citations for violation of the ordinance.

Bob Tettemer – Glen Road – Mr. Tettemer spoke in favor of the ordinance calling it no more than common sense.

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

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

The motion carried by a vote of 5 to 0.

RESOLUTIONS
Resolution No. 2006-22 – Adoption of Revised Emergency Operations Plan
A motion was made by Mr. Gutzmirtl and seconded by Mr. White to adopt Resolution No. 2006-22 approving and placing into immediate effect the revised Emergency Operations Plan of Upper Saucon Township.

The motion carried by a vote of 5 to 0.

Resolution No. 2006-23 – Delegating Authority to Township Manager to Declare Emergencies
A motion was made by Mr. White and seconded by Mr. Horvath to adopt Resolution No. 2006-23 authorizing the Township Manager or in his / her absence, the Assistant Township Manager, to declare a local disaster emergency.

The motion carried by a vote of 5 to 0.

Resolution No. 2006-29 – Request by Premier Land Co., LLC to Modify the Act 537 Plan
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to adopt Resolution No. 2006-29 denying the request of Premier Land Co., LLC to modify the Act 537 Plan.

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

MOTIONS
Release of Funds – Curly Horse Subdivision (Sanitary Sewer Improvements)
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to authorize the release of construction security in the amount of $58,739.23 for the Curly Horse Subdivision in accordance with the Township Sewer Engineer’s recommendation made in a letter dated April 20, 2006.

The motion carried by a vote of 5 to 0.

Release of Funds – Tuscany Hill Subdivision
A motion was made by Mrs. White and seconded by Mr. Gutzmirtl to authorize the release of construction security in the amount of $113,645.46 for the Tuscany Hill Subdivision in accordance with the Township Engineer’s recommendation made in a letter dated May 8, 2006.

The motion carried by a vote of 5 to 0.

Request for Payment – Michael F. Ronca and Sons, Inc.
A motion was made by Mrs. White and seconded by Mr. White to authorize payment in the amount of $46,618.42 to Michael F. Ronca and Sons, Inc., for work completed on the Applebutter Hill Water Storage Tank.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Schoor DePalma Engineers – Notification of NPDES Permit Application
The Board reviewed a letter from Schoor DePalma Engineers notifying the Township of their NPDES Permit Application submitted concerning storm water discharges associated with the proposed Elementary School to be constructed immediately north of the existing Middle School.

Martin, Bradbury, & Griffith, Inc. – Notification of NPDES General Permit Application
The Board reviewed a letter from Martin, Bradbury, & Griffith, Inc., notifying the Township of their NPDES General Permit Application for the Jennifer C. Johnson Minor Subdivision located between Blue Church Road and Glen Road near the border with Lower Milford Township.

SUBDIVISIONS AND LAND DEVELOPMENTS
Resolution No. 2006-27 – Paul and Mary Talago Minor Subdivision
A motion was made by Mrs. White and seconded by Mr. White to adopt Resolution No. 2006-27 conditionally approving the Preliminary and Final Minor Subdivision and Lot Line Adjustment Plans of Paul and Mary Talago for the subdivision of an existing 9.5827 acre tract into two (2) lots located along the west side of Chestnut Hill Road south of the intersection of Hopewell Road and Chestnut Hill Road.

Mr. Harman asked if the plans included all waivers, conditions, and referrals, to which Attorney Dimmich replied yes. Attorney Dimmich noted one condition was to resolve a zoning appeal filed by one of the Talago’s neighbors before moving forward with the plans.

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

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

The motion carried by a vote of 5 to 0.

Resolution No. 2006-28 – Holland Lot Line Adjustment
A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2006-28 conditionally approving the Preliminary and Final Land Development Plan of Geoffrey and Halle Holland to construct a single-family detached dwelling on a 1.9 acre land-locked property at 6216 Chestnut Hill Road. The plan will also allow extension of the existing private road on the property at 6326 Chestnut Hill Road in order to provide access for the proposed single-family detached dwelling at 6216 Chestnut Hill Road.

Attorney Dimmich brought to the Board’s attention four (4) SALDO waivers that would be approved as part of Resolution No. 2006-28.

A brief discussion then took place involving Attorney Dimmich, Mr. Gutzmirtl, and Jay Musselman of Musselman Associates, who represented the Hollands, regarding the sight distance waiver for the shared driveway.

Mr. Gutzmirtl was concerned potential safety hazards already existed and that adding another home utilizing the same drive would increase the danger of entering and exiting.

Mr. Musselman argued that while the sight distances for the driveway did not meet Township standards, it did meet PennDOT criteria and, therefore, should qualify for the waiver.

Additional Board discussion then took place regarding the applicable turnaround area and the intention to widen the width of the drive.
The vote was taken by roll call, and the results were as follows:

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

The motion carried by a vote of 5 to 0.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoices List #05082006 dated 05/05/2006……….$439,167.10
Warrant List #05082006 dated 05/05/2006………………...$261,113.14

Mr. White asked that a copy of one invoice be provided to him by the Township staff at a later date.

A motion was made by Mr. White and seconded by Mr. Gutzmirtl to approve the Prepaid Invoices and Warrant List #05082006 dated 05/05/2006.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Chip Berezny – Le Tour DeSales Circuit Bicycle Race – Mr. Berezny reviewed the details of the bicycle race including the date, time, number, and distances of races, participant information, the roads it would encompass, what hours the roads would be closed, how residents on the circuit would be given access to and from their homes, and the insurance obtained for the event.

Mr. Beil explained what Mr. Berezny needed from Supervisors was an approval to close Preston Lane, Old Bethlehem Pike, and Landis Mill Road on Sunday, July 2, 2006 from 8:30 a.m. to 1:00 p.m. for the Le Tour DeSales Circuit Bicycle Race, subject to the organizers executing a right-of-way and hold harmless agreement that was acceptable to the Township’s Solicitor.

Mr. Horvath asked if the event would require police attendance.

Mr. Beil replied yes, police officers, as well as fire police, would probably be needed to direct traffic and ensure the safety of the participants and the spectators.

Mr. Berezny indicated his organization was prepared to make a donation for the services provided by the Township’s Fire Police.

Mr. Gutzmirtl said he felt the Board would need more information on the specifics of traffic control and safety before the request could be granted.

Mr. Beil concurred asking Mr. Berezny to return at the next the meeting with a report detailing the organization’s plans for the event, including how the traffic control issues would be addressed, the process for notifying residents along the race route, and how vehicles would be directed in and out of park events planned for that day, etc.

A brief conversation took place regarding the funding for and profits from the event. Mr. Berezny told the Board the charity that would receive the profits from the event hoped to collect enough to eventually construct a veladrome on the campus of DeSales University.

A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to refer the matter to the Parks and Recreation Committee for their review and approval.

The motion carried by a vote of 5 to 0.

COURTESY OF THE FLOOR
Gretel Ruppert – 5201 Mountainside Lane – Mrs. Ruppert asked the Board about a Supervisors Conference that some members attended and whether those who attended would be sharing the knowledge they gained either in an upcoming newsletter or by another method of communication.

Mr. Gutzmirtl said he and the other members had already begun sharing the information and ideas they brought back with the Township staff and members of other Committees and Commissions.

Mrs. White said one of the things she heard about at the conference and was interested in learning more about was permeable concrete.

Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert suggested the Township try to seek a solution to the appeal from Sierra Management, instead of merely opposing it. In the end, Mr. Ruppert believed the project would be an asset to the Township.

Chairman Wagner acknowledged his suggestion, saying it is the Supervisors intention to head in that direction.

EXECUTIVE SESSION
None

ADJOURNMENT
Before adjourning the meeting, Mr. White asked Mr. Beil to look into two situations. The first being lawn restoration for the sanitary sewer line installation at 1857 E. Oakhurst Drive, and the second being the condition of the gates for the detention ponds at Saucon Valley Chase/Saucon Valley Manor Development.

Mr. Beil agreed to look into both matters.

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary