Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, May 12, 2008 - 6:00 p.m.
Township Municipal Building

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

Members Absent:
Joyce V. White
                                   
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn Yeakel, Director of Community Development
Jeffrey Dimmich, Township Solicitor
Dennis Harman, Township Engineer
Karl Schreiter, Jr., Township Sewer 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
None

CHAIRMAN’S REMARKS
Chairman Gutzmirtl mentioned the Township is having conversations with SEPTA about converting the inactive rail line to a walking/hiking trail.  Chairman Gutzmirtl also recognized resident John Carroll, who recently passed away. Before his death, Mr. Carroll donated approximately $9,500 to be used towards the purchase of 12 park benches to be installed at the Township Park. The donation was to be made in addition to the benches he had already donated, one of which was in memory of his wife and placed in the Township Park. Chairman Gutzmirtl said Mr. Carroll was a truly generous person and model citizen.  Chairman Gutzmirtl also reminded everyone to observe National Police Week, May 11 through May 17. Furthermore, he asked everyone to remember fallen officers, such as the Township’s own Officer David M. Petzold.

PRESENTATIONS
None

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Strawberry Hill Subdivision – Resolution No. 2008-16
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2008-16 conditionally approving the Preliminary and Final Subdivision Plans of Strawberry Hills Associates, LLP for a sixteen lot residential subdivision on 17.5 ± acres located at 6807 Blue Church Road South.

The Board discussed The Pidcock Company’s letter of May 12, 2008 regarding unresolved sight distance concerns and discharge of stormwater from the proposed detention basin at the Strawberry Hill Subdivision.  Attorney Dimmich suggested amending Resolution No. 2008-16 to require that the developer address the issues identified in The Pidcock Company letter of May 12, 2008.

A motion was made by Mr. Wagner and seconded by Mr. Gilda to amend Resolution No. 2008-16 by adding a new condition of preliminary plan approval which will read as follows: “satisfaction of the comments contained in the May 12, 2008 letter of The Pidcock Company attached hereto as Exhibit G”; and to adopt amended Resolution No. 2008-16 conditionally approving the preliminary and final subdivision plans of Strawberry Hills Associates, LP.

Mr. Beil brought up for discussion concerns voiced by Gary Muscarella of 5382 Red Oak Drive concerning a drainage problem related to the Strawberry Hill Subdivision.

Mr. Muscarella was present and told the Board that most of his concerns had been addressed by the developer’s engineer, Jay Musselman of Musselman Associates, but that some details still needed to be clarified.

Attorney Dimmich asked the Township Engineer whether or not the plan, as proposed, would adequately address Mr. Muscarella’s drainage concerns.

Mr. Harman replied the plan would address some but not all of Mr. Muscarella’s drainage problems. However, he said, the proposed plan met SALDO requirements.

Mr. Muscarella asked if the project would be inspected by the Township, to which Attorney Dimmich responded yes.

Ms. Yeakel also noted one of the conditions for approval was that the developer work with Mr. Muscarella to resolve any problems.
The vote to amend Resolution No. 2008-16 and adopt the amended Resolution 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 to amend Resolution No. 2008-16 and adopt the amended Resolution carried by a vote of 4 to 0 with Mrs. White absent.

Cope Minor Subdivision – Resolution No. 2008-17
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2008-17 conditionally approving the Preliminary/Final Minor Subdivision Plan of Edwin and Karen Cope for a two lot residential subdivision on 5 ± acres located at 2116 Flint Hill Road.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

Cope Minor Subdivision – Sewage Facilities Planning Module
A motion was made by Mr. Gilda and seconded by Mr. Horvath to approve the Sewage Facilities Planning Module for the Cope Minor Subdivision and to authorize the submission of the same to the PA Department of Environmental Protection for final review and approval.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

MINUTES
Regular Meeting of April 14, 2008
A motion was made by Mr. Horvath and seconded by Mr. Gilda to approve the minutes of the April 14, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 3 in favor, 0 against, and 1 abstention.  Mr. Wagner abstained due to the fact that he was not in attendance at the April 14, 2008 Board of Supervisors meeting.

COMMITTEE REPORTS
There were no official committee reports for the Board to review, but Chairman Gutzmirtl spoke briefly about two Township groups, the Park and Recreation Committee and the Environmental Advisory Council, and their recent projects and initiatives.

ORDINANCES
Ordinance No. 142 – Open Space Referendum
A motion was made by Mr. Gilda and seconded by Mr. Wagner to adopt proposed Ordinance No. 142 providing for a question to be placed before the voters of Upper Saucon Township by a referendum at the General Election on November 4, 2008 asking whether the voters of Upper Saucon Township favor the imposition of an additional Earned Income Tax at the rate of one quarter percent (0.25%) to be used for financing the acquisition of open space and recreation land.

Mr. Wagner said the success of the referendum would depend on how well the Township educates voters about the benefits of and potential uses for the additional Earned Income Tax.

Chairman Gutzmirtl said one huge benefit is that it would help stabilize now and reduce in the future school taxes.

Mr. Gilda added usually the metric that was used to gauge livability of an area was the amount of recreational land and open space. In addition, he said, acquisition of recreational land and open space helps maintain property value.

Chairman Gutzmirtl pointed out that he and Mr. Horvath ran on a platform that included open space as a highest priority, and a year and a half later, he was proud to say that the Township was making progress in the area of open space preservation.

Thomas Gettings, the Chairman of the Environmental Advisory Council, was present to assure the Board that his committee would lead the campaign to educate the public.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

Ordinance No. 143 – Off-line Flow Equalization Facilities
A motion was made by Mr. Wagner and seconded by Mr. Gilda to adopt proposed Ordinance No. 143 providing for the installation, use, and maintenance of off-line flow equalization facilities designed to receive, retain, and discharge sewage for residential and commercial users.

Attorney Dimmich provided a brief overview of the history of the ordinance.  He said the ordinance, if adopted, would allow for the construction of an off-line flow equalization facility in any area that cannot access public sewer because of overload conditions in the sewer line.  The facility would only be temporary and would be used until the overload was resolved.

Attorney Jonathan Rinde and Fred Ebert, P.E., were present on behalf of McGrath Homes. Attorney Rinde and Mr. Ebert reviewed at length with the Board their specific concerns with the ordinance.

Attorney Rinde said the ordinance was unacceptable and had not met the requirements set forth under the Municipalities Planning Code. Furthermore, Attorney Rinde disputed several of the “whereas” clauses saying they were self-serving and based on the Township’s recollection of events and situations.
Attorney Dimmich responded to Attorney Rinde’s comments with facts to support many of the clauses cited, to which Attorney Rinde disagreed.

The Board then held a brief executive session to discuss the legal issues raised by Attorney Rinde in relation to proposed Ordinance No. 143.

Upon returning from executive session, Chairman Gutzmirtl requested input from Mr. Schreiter.

Mr. Schreiter provided justification for the provisions contained in the ordinance.

Chairman Gutzmirtl asked what measures would be taken to prevent the facility becoming a safety hazard.

Mr. Schreiter replied a fence would surround the facility.

Based on the issues raised by Attorney Rinde and Mr. Ebert and the subsequent discussions, Mr. Wagner made a motion, which was seconded by Mr. Horvath, to table proposed Ordinance No. 143 and refer it to the Planning and Zoning Committee for further review.

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 with Mrs. White absent.

RESOLUTIONS
None

MOTIONS
Appointment to Park & Recreation Commission
A motion was made by Mr. Wagner and seconded by Mr. Horvath to appoint Joe Deutsch to the Upper Saucon Township Park & Recreation Commission for a partial term expiring on December 31, 2008.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

Request for Payment – C&T Associates, Inc. – Certification No. 1
A motion was made by Mr. Gilda and seconded by Mr. Horvath to authorize payment in the amount of $9,180.00 to C&T Associates, Inc., for work completed on Well No. 2 at the Colonial Crest water supply facility (Contract No. 1 – Mechanical).

The motion carried by a vote of 4 to 0 with Mrs. White absent.

Award Bid for School Zone Speed Limit Flashing Warning Devices – Hopewell Elementary School
A motion was made by Mr. Wagner and seconded by Mr. Horvath to award the bid for the installation of school zone speed limit flashing warning devices to Kuharchik Construction Incorporated in the amount of $32,470.00.

The motion carried by a vote of 4 to 0 with Mrs. White 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 through the area.

Mr. Beil briefly outlined for the Board the transmission line’s path through the Township.

A brief discussion ensued regarding the details of PPL’s application, Springfield Township’s request for support, and how both could impact the Township.

The consensus of the Board was to direct the Township Solicitor to enter an appearance on behalf of the Township at the public hearing where the application would be considered, monitor the situation, and offer assistance to Springfield Township in any way appropriate. However, the Board did not feel the Township should oppose the proposal.

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – May 19, 2008
Mr. Beil noted that Attorney Dimmich was previously directed by the Board to oppose Castle Dental’s request for a variance.

Decision of the Court of Common Pleas Regarding Proposed Billboard on Atiyeh Property at 2796 Pike Avenue
Attorney Dimmich explained the details of the Court of Common Pleas’ decision, how it affected the Township’s case, and the issue that was not addressed (the quarter mile distance between signs). He told the Board that his partner, Attorney Dinkelacker, believed he could win the case in the Commonwealth Court, which would cost approximately $3,000 to $6,000.

After an in-depth discussion regarding the chances of a decision in the Township’s favor and how likely it would be for that decision to be overturned, the Board decided by consensus not to pursue the matter any further.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #05122008 dated 05/09/2008………$346,815.20
Warrant List #05122008 dated 05/09/2008………………$454,941.56

A motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #05122008 dated 05/09/2008.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

ADDITIONAL BUSINESS
Audit Update
Mr. Wagner inquired about the status of the Township Audit.

Mr. Kassel replied the audit was on schedule and should be ready for review in the upcoming weeks.

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
An executive session was held to discuss purchasing a conservation easement on a property in the Township.

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

The motion carried by a vote of 4 to 0 with Mrs. White absent.

                                                                       
Secretary