Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, May 14, 2007 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, 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
Dennis Harman, 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 HEARINGS
None

PUBLIC COMMENT
None

CHAIRMAN’S REMARKS
Chairman Gutzmirtl mentioned a “Thumbs Up” that was placed in a recent edition of Penny Power by Upper Saucon residents Todd and Brenda Yaich thanking the Upper Saucon Volunteer Fire Department for saving their home from heavy damage due to a fire on March 29. Chairman Gutzmirtl also spoke of the success of the first David M. Petzold Memorial Golf Tournament and reminded those present that memorial t-shirts were still available for $10 each with all proceeds going to the family of the fallen officer.  Chairman Gutzmirtl also said a commemorative garden would be erected at the Municipal Building by the Township’s Road Department in memory of Officer Petzold and dedicated on May 24, 2007 at 6:30 p.m.

RECOGNITION OF ERIK L. RITTER
Resolution No. 2007-30 – Recognition of Erik L. Ritter
Chairman Gutzmirtl commended Mr. Ritter for all the hard work and dedication that went into attaining the rank of Eagle Scout.

Following the Chairman’s comments, a motion was made by Mr. Wagner and seconded by Mr. White to adopt Resolution No. 2007-30 recognizing Erik L. Ritter for the tremendous honor he has brought to his family, Troop, and community by attaining the Rank of Eagle Scout.

The motion carried by a vote of 5 to 0.

SUBDIVISIONS AND LAND DEVELOPMENTS
MacDonald/Geary Lot Line Adjustment – Resolution No. 2007-23
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2007-23 conditionally approving the Preliminary and Final Lot Line Adjustment Plan of Paul and Virginia MacDonald for the transfer of 0.37 acres from the MacDonald property at 3036 Honeysuckle Road to the Geary property at 924 East Rock Road.

The motion carried by a vote of 5 to 0.

Saucon Pines Subdivision – Stipulation and Settlement Agreement
A motion was made by Mr. Wagner and seconded by Mr. White to approve the Stipulation and Settlement Agreement between the Township and Richard Storat resolving litigation between the parties concerning Mr. Storat’s proposed four lot subdivision at the southwest corner of the intersection of Blue Church Road and Blue Church Road South.

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

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

The motion carried by a vote of 5 to 0.

MINUTES
Regular Meeting of August 22, 2006
A motion was made by Mr. Horvath and seconded by Mrs. Wagner to approve the minutes of the August 22, 2006 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. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

COMMITTEE REPORTS
The Board reviewed the following Committee Reports:

• Public Works Committee Meeting of April 9, 2007
• Recreation and Culture Committee Meeting of May 7, 2007

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

ORDINANCES
Proposed Ordinance No. 137 – Use of Fireworks
Mr. Beil provided the Board with the origins of the ordinance which was drafted after a request from the Saucon Valley Country Club to host a fireworks display for a special event. The ordinance established a permit for the commercial display and use of fireworks, the process for making a request, and setting the bond requirement at One Million Dollars.

Attorney Dimmich added that the ordinance did not address the illegal possession or use of fireworks, nor did it cover simple things such as sparklers.

At that time, a motion was made by Mr. Horvath and seconded by Mr. White to adopt proposed Ordinance No. 137 regulating the display and use of fireworks, requiring permits for the use of fireworks, and establishing penalties for violations.

A short discussion involving Attorney Dimmich, Attorney Dinkelacker, and Mr. Wagner took place regarding the definitions and intent associated with the phrase “public display whether open to the public or not.”

Attorney Dinkelacker advised the Board that the ordinance was drafted in accordance with State regulations.

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

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

The motion carried by a vote of 5 to 0.

RESOLUTIONS
None

MOTIONS
Request for Payment – Barry J. Hoffman Company, Inc. – Certification No. 1
A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment in the amount of $14,400.00 to Barry J. Hoffman Company, Inc., for the work completed on the installation of a new emergency generator at the Wastewater Treatment Plant.

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

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

The motion carried by a vote of 5 to 0.

Request for Payment – Lehigh Valley Welding – Certification No. 1
A motion was made by Mr. White and seconded by Mrs. White to authorize payment in the amount of $51,525.00 to Lehigh Valley Welding for work completed on the Aeration Tank Walkway Replacement Project at the Wastewater Treatment Plant.

Attorney Dimmich informed the Board of a prevailing wage issue that was raised by the Department of Labor regarding the incorrect payment of fringe benefits made by the company.

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

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

The motion carried by a vote of 5 to 0.
Purchase of Agricultural Conservation Easement – 7750 Passer Road
Chairman Gutzmirtl said he was grateful for the property owner’s willingness and humbleness that allowed them to give their land over to the use of the community in the form of an agricultural conservation easement. He also noted that the acquisition of the property would be the first of its kind in Lehigh County, since a portion of the funds were provided by the County and the rest by the Township.

A motion was made by Mr. Horvath and seconded by Mr. Wagner to approve the purchase of an agricultural conservation easement on a 19.03 acre property at 7750 Passer Road (PIN# 643421638956) for the price of $2,000.00 per acre and to authorize the Township Manager to execute the Deed of Conservation Easement with Roy and Doris Slekovac subject to final review and approval by the Township Solicitor.

Attorney Dimmich referred Board members to a lengthy memo he had written on the legality of the matter and assured them that he was in full support of the easement.

The motion carried by a vote of 5 to 0.

Sewer Connection Agreement – 4600 Mill Road (Nehrbras Property)
A motion was made by Mr. White and seconded by Mr. Wagner authorizing the Chairman to execute the Agreement between Upper Saucon Township, Upper Saucon Township Municipal Authority, Coopersburg Borough, and Coopersburg Borough Municipal Authority approving the connection of the Nehrbras property at 4600 Mill Road to the Upper Saucon Township Municipal Authority’s sanitary sewer system.

Mr. Wagner was curious as to how many units were involved and why the units were being allowed to connect despite the sewer moratorium in effect.

Mr. Beil said only one unit was involved and an exception to the moratorium was made and the situation had been deemed a public safety hazard. The existing system was failing, and it had been determined that there was no other means to connect, so an emergency connection to UST sewer system was authorized.

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

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

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Proposal by Recreation Commission
The Board reviewed a proposal by the Recreation Commission to hold a Township-sponsored band concert at the Promenade Shops on Thursday, May 31, 2007 at 7:00 p.m.

Chairman Gutzmirtl wanted to know why the Township was splitting the cost for the concert evenly with the Promenade Shops when the shops could easily fund the event themselves. Furthermore, the Township was absorbing the cost for all the advertising, while the Shops would profit from those attending the concerts since several of the performances would be taking place at that location.

Mr. White agreed with Chairman Gutzmirtl’s observations saying the Township should ask the Promenade Shops to pay for the concerts in full or move the entire event back to the Township Park where it has taken place in the past.

Chairman Gutzmirtl felt it was unfair for the Township to spend money on advertising not only for the concerts in the Township Park, but those taking place at the Promenade Shops when the Shops were not advertising the Township Park concerts. He questioned if the concept of back and forth advertising had been addressed by the Recreation Commission.

Mr. White didn’t think the issue was ever discussed.

Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert thought that cross-promotion of the events was a good idea and had no problem with the Township spending the money on advertising.

Gretel Ruppert – 5201 Mountainside Lane – Mrs. Ruppert was also in favor of the advertising.

Thomas Mandry – 6605 Landis Mill Road – Mr. Mandry agreed with Chairman Gutzmirtl and Mr. White that the Promenade Shops should foot the bill for the concerts.

The consensus of the Board was to direct the Township Manager to ask the Promenade Shops to pay for the event in full. If they would not, then the Township would agree to pay an equal share.

Removal of Dilapidated Well House on Township-Owned Property
Members of the Board reviewed a letter from the Public Works Committee concerning a dilapidated well house on Township-owned property at 4865 West Hopewell Road. The well house was in deplorable condition, and while the Public Works Committee understood it may hold some historic value and rural charm, they feared it was a liability to the Township.

A lengthy discussion ensued regarding the liability the well house imposed upon the Township, its potential historic value, and the various ways it could be secured and access could be restricted to it until further evaluation of the structure could be done.

It was the consensus of the Board that a wire mesh fence be constructed to restrict access to the structure and a consultant be contacted to evaluate the well house and make recommendations for either preservation or demolition.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #04242007 dated 5/11/2007………...$312,260.42
Warrant List #04242007 dated 5/11/2007………………...$718,067.40

A motion was made by Mr. White and seconded by Mrs. White to authorize the payment of the Prepaid Invoice List and Warrant List #04242007 dated 5/11/2007.

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

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

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Eric Ramirez – Walnut Street, Allentown – Mr. Ramirez came before the Board of Supervisors to discuss the court ruling concerning Mt. Trexler Manor. Mr. Ramirez was a subcontracted employee of the facility who claimed that the facility was continuing operations that the court ruling ordered to cease.

Attorney Dimmich told Mr. Ramirez the matter would first be addressed by the Township’s Zoning Office. If enforcement at that level was ineffective, he explained the process for proceeding with a claim for a facility in violation of a court ruling.

Mr. Beil assured Mr. Ramirez that the Township Zoning Officer, Trent Sear, was reviewing all documentation from the case and would be investigating Mr. Ramirez’s claim.

Gretel Ruppert – 5201 Mountainside Lane – Mrs. Ruppert told the Board the building close to the well house that was discussed used to be an old ice house. She questioned if the doctor who owned the ice house would be interested in preserving it.

Mr. Beil and Mr. Wagner both said they had conversations with the doctor regarding preservation of the structure and were told the structure was beyond repair and should be demolished.

Mrs. Ruppert also provided Supervisors with an update on the progress being made by the Antique Barn Coalition (ABC). The ABC, she said, was in the process of identifying the owners of the barns photographed throughout the Township. Meanwhile, they were planning an activity for the upcoming Family Fun Day where children could color in the picture of a barn and at the bottom of the sheet would be information on barns and the ABC. And finally, Mrs. Ruppert asked for a small contribution of funds from the Township to assist the ABC in their efforts.

Chairman Gutzmirtl reminded Mrs. Ruppert that many organizations in the Township operate without funding from the Township and if they were to contribute to the ABC then they would have to contribute to all the others.

Mrs. Ruppert explained it was difficult because the ABC was not allowed to collect from fundraisers and such because they are not designated as a non-profit organization.

Attorney Dimmich was unsure the Township could legally contribute to the ABC since they were not an official association or organization. He said he would investigate the request and present the Board with their options. He suggested the matter be referred to committee.

The consensus of the Board was to refer the ABC’s request to the Planning and Zoning Sub-committee.

Ildefonso Ramirez – 44 South Carlisle Street, Allentown – Mr. Ildefonso Ramirez, brother of Eric Ramirez, said he also had been employed at Mt. Trexler Manor. Mr. Ramirez claimed he had been wrongly terminated by the facility, was facing charges in connection with his employment at Mt. Trexler, and had come before Supervisors to lodge his complaint against the facility. He said he feared for the safety of not only the residents of Mt. Trexler Manor, but for citizens of the community surrounding the facility. He too, as did his brother, spoke of violations in connection with the court ruling, but said the situation inside the facility was far worse than the courts knew and summarized some of the things he witnessed.

Bob Tettemer – Glen Road – Mr. Tettemer asked if the Township had contacted Lehigh County with regards to the dilapidated well house.

Mr. Beil said he had not, but that he would be in contact with the County. However, the fate of the structure would ultimately be in the hands of the Township since they own the land where it exists.

Mindy Moore – 4325 Boulder Drive – Ms. Moore brought up a letter that appeared in a local paper that said taxpayers would bear the cost of six lawsuits involving UST. She was looking for a response from the Township.

Attorney Dimmich addressed Ms. Moore’s inquiry saying that only one lawsuit currently existed in relation to the Epernay case and it was close to resolution. He added the letter-writer was associated with the Locust Valley Golf Course property and was referring to litigation involving McGrath Homes.

Ms. Moore believed the Township should respond to the letter and explain to residents that the actions of the Board are well-warranted.

Chairman Gutzmirtl said it was the responsibility of the Supervisors to protect the interests of residents and enforce the ordinances of the Township. What was being done in the matters referred to by the letter-writer, he continued, was merely a means to that end.

Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert suggested when the Township hires a consultant to examine the well house that he or she also evaluate the Bauder house located at the south end of the Township Park.

Gretel Ruppert – 5201 Mountainside Lane – Similar to her husband’s request, she asked that the barn located on the Slekovac property also be evaluated.

EXECUTIVE SESSION
An executive session was held for the purpose of discussing possible land acquisition.

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary