Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, June 11, 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
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 COMMENT
Public Comment is summarized as follows:

Anthony Caruso – 4971 Chestnut Hill Road – Mr. Caruso came before the Board to inquire about the fee associated with obtaining a logging permit in the Township. He said both he and his lawyer contacted the Township to find out the amount of the fee but were unable to get a definitive answer.

Mr. Beil addressed Mr. Caruso’s inquiry saying Mrs. Yeakel, the Director of Community Development, and Mr. Sear, Zoning Officer, were examining the situation because Mr. Caruso’s questions brought to light the fact that the Township’s schedule did not contain a fee for logging permits.

Attorney Dimmich said a simple solution would be for members of the Board to establish a logging permit fee by passing a motion.

Mr. Beil was unable to recommend an amount at which to set the fee because he had not been working on the issue.

Attorney Dimmich asked Mr. Beil to contact Mrs. Yeakel so that a logging permit fee could be set that night.

Brian Hughes – 3523 Stonegate Drive - Mr. Hughes was present on behalf of a number of residents in the Sunrise Valley Development to discuss the fence surrounding a detention basin located along East Valley Road in the Sunrise Valley development.  Mr. Hughes and his fellow residents were concerned that the developer planned to install a chain link fence instead of a decorative wooden fence around the detention pond.

Attorney Dimmich explained that the plan requires a chain link fence be installed around the basin. If the developer wanted to install a different style fence, he was free to come to the Township and ask to do so.

Chairman Gutzmirtl said there have been issues brought before the Board in the past regarding approved retention basins and the fencing that surrounds them. He suggested the residents contact the developer to discuss the matter.

Mr. Hughes said contact was made with US Homes. A representative of US Homes said the original plan called for a type of fencing other than chain link, but that the Township required them to change it to chain link instead.

Mr. White acknowledged that the fencing had been an on-going problem, and that he agreed that it was not apropos for the area.

Chairman Gutzmirtl sympathized with the situation, but did not feel that the taxpayers should have to subsidize the change. He also expressed his displeasure with the developer for misleading those who bought homes from them.

Attorney Dimmich asked Mr. Hughes if it was his contention that US Homes expressed a willingness to change the fence from chain link to some other type of material.

Mr. Hughes said yes, he was given the impression that US Homes was willing to install a different fence.

Attorney Dimmich believed the Township would be willing to allow the change at the developer’s request.

Mr. Beil then recounted a conversation he had with US Homes regarding a change to the fence, and he was told that the developer was not willing to work with the Township to resolve the problem.

Mr. Wagner said it sounded as though none of the parties involved were against the change but that the only issue at hand was who was going to pay for it. It was Mr. Wagner’s opinion that the Township should not pay for the change.

Mr. Hughes said it was not the residents’ intent for the Township to foot the bill.

Chairman Gutzmirtl asked if alternative types of fencing would insure safety around the basin.

Mr. Harman said any type of fence that would prohibit low-level entry would be acceptable.

Mrs. White told fellow Board members that when the matter was discussed years ago with residents of the development, vinyl fencing with a mesh wire attachment was mentioned, but she did not recall any final decision. Obviously, she said, the matter was never fully resolved.

Mr. Wagner asked how and why the matter was never pursued.

Mr. Beil said that the matter had been addressed several years ago by the Public Works Committee. The Township wanted to perform storm sewer improvements in the area of the basin, but to do so, they needed an easement from one particular property owner. The property owner agreed to grant the easement in exchange for alternative fencing around the basin. Mr. Beil said the Township contacted US Homes and began the process of negotiating a deal for different fencing. Before an agreement could be finalized, the employee of US Homes handling the matter left the company and negotiations ended.

Chairman Gutzmirtl suggested Justin Block of US Homes be contacted and a meeting between the residents of the development, the Township, and the developer be arranged.

Howard Berninger – 4583 East Valley Road – Mr. Berninger told the Board he was the resident who offered the easement in exchange for different fencing. He had done some research and claimed that split rail fencing with a wire mesh attachment was approximately the same cost as the chain link fencing.

Patricia Stoudt – 3537 Stonegate Drive – Mrs. Stoudt said she was the owner of one of the properties along the basin. She was angry that she was lied to at the time of settlement because she was promised a decorative fence. She said she would not have bought the property if she had known a chain link fence would be installed.

Jane Schultz – 4569 East Valley Road – Mrs. Schultz asked if a commitment was made on record by US Homes and if the Township was holding escrow, could the escrow be used as leverage.

Attorney Dimmich said the escrow could not be used as leverage in this instance. 

Mrs. Schultz asked if there was any way to obtain a stop work order to which Attorney Dimmich replied no.

Kris Kingsbury – 4305 Courtney Drive – Mr. Kingsbury said he could provide Mr. Beil with the contact information for the people he dealt with from US Homes.

Tony Brown – 3460 Courtney Drive – Mr. Brown said there are two basins that need to be addressed and that he was in possession of e-mails from 2004 that speaks of the commitment to install alternative fencing.

Dave Leiby – 3442 Courtney Drive – Mr. Leiby was informed by representatives of US Homes that the fence around the detention pond would be a decorative wood fence rather than chain link.

Samantha Edwards – 3388 Courtney Drive – Mrs. Edwards said she had been the sales representative for four of the buyers in the development and admitted the change in the type of fencing was merely a sales pitch. In addition, she said the developer promised residents that older, taller trees would be planted to get people to purchase the properties.

José Minguillon – 3542 Sunnyside Road – Mr. Minguillon called US Homes a shady operation that misled every resident present that night. He said they had been promised numerous things, such as completed roads and trees on their streets and properties, and had yet to see the developer come through on any of those promises.

Mr. Hughes supported Mr. Minguillon’s comments saying there were still trees missing on his property that were shown on the original plan.

Shelia Wang – 3406 Courtney Drive – Mrs. Wang said she had been told that the roads and trees could not be completed until all the homes in the development were finished.

Attorney Dimmich said that while most developers waited until all of the homes were complete before finishing the roads and planting trees, it was not a requirement.

Dennis Farrell – 3523 Courtney Drive -  Mr. Farrell said the base that had been laid down for the roads sometime ago had already deteriorated and could not simply be paved over.

Mr. Beil said an 18 month bond existed that could be used if the roads were to fail after being paved.

Jane Schultz – 4569 East Valley Road – Mrs. Schultz said recently when she asked the developer about the replacement of dead trees and the planting of trees that were missing, the developer told her that the work would not be done until fall.

Chairman Gutzmirtl assured Mrs. Schultz that money existed in escrow to ensure that the work would be completed satisfactorily. He then asked if the Board could move on to the rest of the items on the agenda since an action plan had been established which included a call to the developer by Mr. Beil at 9:00 a.m. the next morning.

Attorney Dimmich told Mr. Beil to tell the development company to stop any work being done to the detention basin until the issue regarding the fencing could be resolved.

Mary Jane Risch – 3236 Lanark Road – Mrs. Risch told the Board she was coming to the end of her second term as a member of the Southern Lehigh Public Library Board of Directors. She thanked the Township and the Board for all they had done for the Library, and said she hoped Supervisors would appoint Penny Spugnardi to replace her.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl began by thanking Mrs. Risch for all she had been involved with over the years. He also mentioned the Township’s Family Fun Day, recognizing the hard work of Trent Sear, Zoning Officer, who was an integral part of the success of the event.

PUBLIC HEARINGS
None

MINUTES
Regular Meeting of September 11, 2006
A motion was made by Mr. Horvath and seconded by Mr. White to approve the minutes of the September 11, 2006 regular meeting of the Board of Supervisors.

The motion carried by a vote of 4 to 0 with 1 abstention by Mrs. White, who was absent from the September 11, 2006 meeting.

Regular Meeting of September 26, 2006
A motion was made by Mr. Horvath and seconded by Mrs. White to approve the minutes of the September 26, 2006 regular meeting of the Board of Supervisors.

The motion carried by a vote of 4 to 0 with 1 abstention by Mr. Wagner, who was absent from the September 26, 2006 meeting.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2007-31 – Appointment of Special Fire Police
A motion was made by Mrs. White and seconded by Mr. Wagner to adopt Resolution No. 2007-31 confirming the appointment of various individuals to serve as Special Fire Police for Upper Saucon Township.

Attorney Dimmich said it was his legal opinion that because the term of the current Special Fire Police did not end until June 30, appointments to non-vacant positions should not be made. But due to the fact that there would not be another meeting held before the expiration of the term, he felt an exception was in order. However, the appointments would have to be reaffirmed by resolution at the July meeting.

The motion carried by a vote of 5 to 0.

MOTIONS
Procedure for Canceling Meetings
A motion was made by Mr. Horvath and seconded by Mr. Wagner to give the Chairman of the Board of Supervisors the authority to cancel meetings of the Board of Supervisors.

Mr. White expected the Chairman to cancel meetings only if little or no business was on the agenda, and what little was on the agenda could be moved to the next meeting. If there was business on the agenda, or a specific item needed timely consideration and a quorum was present, Mr. White wanted to see a meeting held.

Chairman Gutzmirtl agreed with Mr. White’s comments concerning the cancellation of meetings.

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.

Appointments to the Southern Lehigh Public Library Board of Directors
Chairman Gutzmirtl noted that each of the positions were volunteer in nature.

Appointment of Dr. E. Jill Hirt
A motion was made by Mr. Horvath and seconded by Mrs. White to appoint Dr. E. Jill Hirt to the Southern Lehigh Public Library Board of Directors for a three year term expiring on June 30, 2010.

The motion carried by a vote of 5 to 0.

Appointment of Charles Daniels
A motion was made by Mr. White and seconded by Mrs. White to appoint Charles Daniels to the Southern Lehigh Public Library Board of Directors for a three year term expiring on June 30, 2010.

The motion carried by a vote of 5 to 0.

Appointment of Penny Spugnardi
A motion was made by Mrs. White and seconded by Mr. White to appoint Penny Spugnardi to the Southern Lehigh Public Library Board of Directors for a three year term expiring on June 30, 2010.

The motion carried by a vote of 5 to 0.

Appointment of Jerome T. Trexler
A motion was made by Mr. Wagner and seconded by Mr. Horvath to appoint Jerome T. Trexler to the Southern Lehigh Public Library Board of Directors for a three year term expiring on June 30, 2010.

The motion carried by a vote of 5 to 0.

Request for Payment – Lehigh Valley Welding – Certification No. 2
A motion was made by Mr. White and seconded by Mrs. White to authorize payment in the amount of $23,975.00 to Lehigh Valley Welding for work completed on the Aeration Tank Walkway Replacement Project at the Wastewater Treatment Plant.

The motion carried by a vote of 5 to 0.

At that time, Mr. Beil told the Board that he had spoken with Mrs. Yeakel. She suggested a $250 fee be implemented to cover the cost of a forest management plan review, which was the fee that would be in place once the revised Zoning Ordinance was completed and approved.

A motion was made by Mr. White and seconded by Mrs. White to set the forest management plan review fee at $250.

Mr. Horvath was hesitant asking whether the Board had all the information it needed to make a decision that night.

Mr. Beil gave the Board some background on the situation. In the past, he said, when Mr. Caruso came to the Township for a logging permit, he was issued a tree cutting permit. After reviewing the situation, it was determined to be an incorrect handling of the request, since a forest management plan review by a licensed forester was required costing the Township approximately $250. When the Township asked Mr. Caruso to pay for the forest management plan review, he was hesitant because he had always been charged only the $10 tree cutting permit fee in the past. Because there was nothing in the Zoning Ordinance requiring payment by the applicant for a forest management plan review, Mrs. Yeakel began researching the issue.

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
Request for Monetary Donation to the Lehigh County Senior Center
The Board reviewed a request from the Lehigh County Senior Center for a $1,500 donation from the Township.

Rick Daugherty, Executive Director of the Lehigh County Senior Center, was present to engage in discussion with the Board and answer any questions. He told Supervisors that according to the center’s records, 99 residents of Upper Saucon were registered at the facility. Furthermore, he summarized the services offered at the center and at other locations across the Lehigh Valley, the ways the center has advertised it services, and the facilities it was looking for in order to implement new programs and classes.

Mr. White said that he had not only heard good things from other members of the community, but had visited the center and was immensely impressed.

Mr. Horvath said he was a member himself and also praised the amenities offered at the center, but felt the center needed to do more to reach out to residents of the Township.

A motion was made by Mrs. White and seconded by Mr. White to authorize a $1,500 donation to the Lehigh County Senior Center for 2007.

Mr. Horvath was in favor of the contribution, but only if the availability of the center was advertised in the next Township newsletter.

Chairman Gutzmirtl was concerned that a $1,500 contribution was unfair to the senior citizen organization operating in the Township that only received $300.

Mr. Daugherty pointed out that the Township senior citizen organization was much smaller and not as active as the Lehigh County Senior Center.

Mr. Wagner made a motion to amend the original motion to reduce the contribution amount to $1,000.

The motion was seconded by Chairman Gutzmirtl.

A vote was taken by roll call to amend the original motion, and the results were as follows:

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

The motion to amend carried by a vote of 3 to 2.

A vote was then taken by roll call on the amended motion, and the results were as follows:

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

The motion carried by a vote of 4 to 1.

Job Description for Newly-Created Position of Communications/Special Projects Coordinator
Supervisors and Mr. Beil engaged in a brief discussion regarding the details of the position.

A motion was made by Mr. Wagner and seconded by Mr. Horvath to approve the job description as presented for the newly-created position of Communications/Special Projects Coordinator.

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.

A motion was made by Mr. White and seconded by Mr. Wagner to authorize the Township Manager to advertise and proceed with filling the newly-created Communications/Special Projects Coordinator position.

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.

Zoning Hearing Board Agenda – June 18, 2007
Mr. Beil reviewed for the Board the one appeal on the Zoning Hearing Board Agenda for June 18, 2007. By consensus, the Board decided not to intervene.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #06112007 dated 06/08/2007………$621,070.06
Warrant List #06112007 dated 06/08/2007………………$175,987.25

A motion was made by Mr. White and seconded by Mr. Horvath to authorize payment of the Prepaid Invoice List and Warrant List #06112007 dated 06/08/2007.

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
None

EXECUTIVE SESSION
An executive session was held to discuss 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