Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, June 24, 2008 - 6:00 p.m.
Township Municipal Building

Members Present:
Stephen C. Wagner, Vice Chairman
John E. Gilda, Jr.
Joseph M. Horvath
Joyce V. White

Participation By:
Miro A. Gutzmirtl
Speaker Phone
                                   
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn Yeakel, Director of Community Development
Thomas Dinkelacker, Township Solicitor
Karl Schreiter, Jr., Township Sewer Engineer

CALL TO ORDER
Chairman Gutzmirtl did not attend the meeting, but participated in discussions and votes via speaker phone. Therefore, Vice Chairman Wagner assumed the duties of Chairman.

Vice 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
Vice Chairman Wagner asked all in attendance to stand and recite the “Pledge of Allegiance.”

PUBLIC COMMENT
Public Comment is summarized as follows:

Thomas Clark - 7220 Nicholas Circle – Mr. Clark moved to Upper Saucon Township in November of last year. He attended the meeting to offer his congratulations for and support of the Board of Supervisors’ foresight and planning with regards to development in the Township.

PRESENTATIONS
None

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
None

MINUTES
Regular Meeting of June 9, 2008
A motion was made by Mr. Horvath and seconded by Mr. Gilda to approve the minutes of the June 9, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

COMMITTEE REPORTS
None

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

Once the motion was made and seconded, Vice Chairman Wagner opened the floor to public comment.

Jonathan Rinde, Esquire – Manko, Gold, Katcher, & Fox, LLP, Bala Cynwyd – Attorney Rinde was present on behalf of McGrath Homes to dispute and/or oppose several provisions of proposed Ordinance No. 143. Attorney Rinde referred to a letter sent to the Township that afternoon via fax and first class mail that contained his final comments on the proposed ordinance, which was included in the Supervisors’ packets. He briefly summarized the letter saying many of the comments that he and McGrath Homes Sewer Engineer, Fred Ebert, had were not addressed in the revised ordinance currently before the Board. Attorney Rinde made reference to the comments regarding setback requirement, the operation and maintenance fees levied against the developer, and the option of a closed top tank.

Mr. Horvath began the Board’s discussion of the matter saying he understood the points made by both the Township Engineer and the individuals representing McGrath Homes. Mr. Horvath asked the Township Sewer Engineer, Karl Schreiter, whether his opinion had changed on any of the provisions of the ordinance.

Mr. Schreiter responded he stood by his professional recommendations.

Mrs. White inquired why the holding tanks needed to remain uncovered.

Mr. Schreiter explained a closed top would cause the tank to be defined as a “confined space” by OSHA, which would make it difficult to enter without adhering to certain safety equipment requirements.

Mrs. White asked if odor would be a problem if the tanks were not covered.

Mr. Schreiter said the tank would only contain sewage during a rain storm and would be cleaned between uses to prevent odor.

Mrs. White inquired about a removable top, which Mr. Schreiter immediately said would be too expensive and not practical.

Mr. Schreiter told the Board he knew of several open-top facilities in the State, but only one closed-top.

Mrs. White asked if recommendations had been made by the Upper Saucon Township Planning Commission and/or the Lehigh Valley Planning Commission.

Ms. Yeakel responded both entities declined to comment on proposed Ordinance No. 143 because they were not required to since it was not being adopted pursuant to the Municipalities Planning Code.

Attorney Dinkelacker advised that the ordinance was instead being adopted pursuant to the Second Class Township Code.

Mr. Gilda asked about the closed-top facility referenced in a letter from McGrath Homes representatives.

Fred Ebert, P.E. – Ebert Engineering – Mr. Ebert replied the closed-top facility he was referring to was located in Montgomery Township behind the Montgomeryville Mall and had been in operation since 1998. Mr. Ebert then reviewed the maintenance procedure for closed-top tanks, which includes power washing from the top and flooding the inside with chlorinated water. He said by using that procedure, the tanks would only have to be entered twice a year.

Furthermore, Mr. Ebert felt the open-top tank would spark more odor complaints since people would be able to see the sewage. He concluded his comments by saying he was merely asking for the option for closed-top tanks to be made available with the required escrow adjusted accordingly.

Mr. Gilda asked how many of these type of facilities were in use across the State and how many were closed-top versus open-top tanks.

Mr. Ebert knew of seven facilities total out of which three utilized closed-top tanks.

Mr. Horvath asked Mr. Schreiter if the maintenance procedure laid out by Mr. Ebert resolved some of his concerns about permitting closed-top tanks.
Mr. Schreiter replied he was unfamiliar with the procedure and would want Daniel Stahlnecker, the Township’s Superintendent of Water and Sewer, to contact Montgomery Township’s superintendent about the system.

Mr. Gutzmirtl, who took part in the meeting via speakerphone, believed the adjustments already made to the proposed ordinance were appropriate and in line with Mr. Schreiter’s recommendations. Mr. Gutzmirtl said he was comfortable with moving forward with the adoption of the ordinance at that time.

Mr. Horvath inquired about future amendments to the ordinance if needed, since he felt some of the points made by Attorney Rinde and Mr. Ebert were worth looking into. 

Attorney Dinkelacker responded the ordinance could be amended in the future, as long as proper advertising and notification procedures were followed.

Mr. Schreiter said he would contact officials in Montgomery Township regarding their facility.

The vote was taken by roll call and the results were as follows:
Vice Chairman Wagner: Yes
Mr. Gutzmirtl: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: No

The motion carried by a vote of 4 to 1.

RESOLUTIONS
Resolution No. 2008-24 – Recreation Fee
A motion was made by Mr. Gilda and seconded by Mr. Gutzmirtl to adopt Resolution No. 2008-24 amending the dollar amount of the park and recreation fee to be paid by developers pursuant to the Municipalities Planning Code and the Township’s Subdivision and Land Development Ordinance.

Jasper Torchia – Mr. Torchia asked what the new park and recreation fee would be if the resolution was adopted.

Mr. Beil said the fee would increase from $5,680.00 to $8,390.00.
The vote was taken by roll call and the results were as follows:
Vice Chairman Wagner: Yes
Mr. Gutzmirtl: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

Resolution No. 2008-23 – Appointment of Special Fire Police
A motion was made by Mr. Gutzmirtl and seconded by Mrs. White to adopt Resolution No. 2008-23 confirming the appointment of various individuals to serve as Special Fire Police for Upper Saucon Township.

Before calling for the vote, Vice Chairman Wagner thanked the people named in the resolution, as well as everyone else in the Upper Saucon Volunteer Fire Department for volunteering. He pointed out not only do members of the fire department protect residents from fire, but they help clean up highways after accidents, direct traffic, and save the taxpayers millions of dollars.

Mr. Horvath continued Mr. Wagner’s comments by mentioning a recent article in The Morning Call that detailed the cost of funding a fire department and how more needs to be done to support these valuable volunteers.

The motion carried by a vote of 5 to 0.

MOTIONS
Release of Funds – Weber & Dale Tracts (a/k/a Whispering Pines Subdivision) – Certification No. S-2
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize the release of construction security in the amount of $27,274.88 for the Weber & Dale Tracts Subdivision in accordance with the Township Sewer Engineer’s recommendation made by letter dated April 16, 2008.

The motion carried by a vote of 5 to 0.

Release of Funds – Penn’s View South Subdivison (Blue Ridge Chase) – Certification No. T-4
A motion was made and seconded to authorize the release of construction security in the amount of $50,088.06 for the Penn’s View South Subdivision (Blue Ridge Chase) in accordance with the Township Engineer’s recommendation made by letter dated June 18, 2008.

The motion carried by a vote of 5 to 0.

Release of Funds – Penn’s View South Subdivision (Blue Ridge Chase) – Certification No. S-2
A motion was made by Mr. Horvath and seconded by Mrs. White to authorize the release of construction security in the amount of $44,644.18 for the Penn’s View South Subdivision (Blue Ridge Chase) in accordance with the Township Sewer Engineer’s recommendation made by letter dated June 19, 2008.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #06242008 dated 06/20/2008…….$102,376.13
Warrant List #06242008 dated 06/20/2008…………….$357,993.02

A motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant list #06242008 dated 06/20/2008.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Al Siess – Blue Church Road – Mr. Siess said he understood there were restrictions on flag lots and driveways in the Township and requested a copy of the Township’s current Subdivision and Land Development Ordinance, as well as a copy of the revised ordinance. Mr. Siess was in favor of placing controls on development, but was concerned that certain provisions put in place with large developments in mind would create hardships for residents with smaller tracts of land that wish to subdivide and develop.

Attorney Dinkelacker said the Township would certainly provide Mr. Siess with a copy of the current ordinance, but could not provide a copy of the revised ordinance until it was ready to be released to the public. Attorney Dinkelacker also advised Mr. Siess that his comments would be most useful when the revised ordinance was reviewed by the Planning Commission and that he should attend a meeting to share his thoughts with them.

Bob Fulford – 3675 N. Saucon Avenue – Mr. Fulford came before the Board to share the positive effect the Boy Scout “camp out” in the Township Park had on others. He said the “camp out” allowed other young boys to see the camping aspect of the Scouts and some of the activities that take place during camping. Since the “camp out”, Mr. Fulford said he sent a letter to the district office for the areas Boy Scouts suggesting all divisions of the organization utilize area parks for their outings. Additionally, Mr. Fulford asked the Township to look into laying down pavement in front of the benches in the park because when it rains, water collects, turning the benches into islands surrounded by mud.

Mr. Beil assured Mr. Fulford that the Township’s Road Department would look into the problem.

Janet Thomas – 5777 Locust Valley Road – Mrs. Thomas addressed Mrs. White asking her to resign from the Board of Supervisors over the accusations that she released confidential and privileged information to McGrath Homes, who has filed several legal actions against the Township and individual Supervisors.

George Bloeser – 6500 Limeport Pike - Chairman of Municipal Authority – Mr. Bloeser expressed his disappointment in an article printed in The Morning Call regarding the sewer moratorium in the area. He said the reporter chose to relay only the developers’ side of the issue, instead of looking into the reasons behind the moratorium. For the record, Mr. Bloeser briefly summarized the circumstances behind the moratorium, pointing out the statements in the article that he believed to be inaccurate and misleading.

EXECUTIVE SESSION
None

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

The motion carried by a vote of 5 to 0 at 7:13 p.m.

                                                                       
Secretary