Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, June 26, 2007- 6:00 p.m.
Township Municipal Building

Members Present:
James H. White, Sr.
Joyce V. White
Joseph M. Horvath

Members Absent:
Miro A. Gutzmirtl
Stephen C. Wagner

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

Due to the absence of both Chairman Gutzmirtl and Vice President Wagner, Mr. White served as Acting Chairman.

PUBLIC HEARINGS
None

PUBLIC COMMENT
Public Comment is summarized as follows:

Joan Kneiss – 1984 Taylor Drive – Mrs. Kneiss explained that she and her sister own properties adjacent to each other and were interested in having a lot line adjustment done to make the two properties equal in size. They would like to do so because it was the wish of their deceased parents who owned the property and lived in the home where her sister now resides. Mrs. Kneiss said the adjustment has not met the approval of the Township, yet she and her sister have paid thousands of dollars to their engineering firm, their lawyer, and the Township. Initially, she admitted, the application for the adjustment was submitted to the incorrect department, but no one made them aware of that, and since then she has had a difficult time getting anyone to return their phone calls or emails. Once a meeting between the parties was arranged and held, they thought the plans were on their way only to find that additional setbacks due to legal verbiage caused the matter to be removed from the agenda for that night. She asked whether Supervisors knew what goes on behind the scenes before a plan comes before the Board for consideration. She also asked if the Board could do anything to help move the process along.

Mr. Beil explained the circumstances surrounding the lot line adjustment saying after a meeting a week or two prior, he asked the Township Solicitor’s office to draft the conditions for approval, which contained a standard dedication of additional right-of-way for a nominal fee paid to the applicant by the Township. The draft conditions were then forwarded to the applicant’s engineer where changes to the conditions were made that eliminated the previously agreed upon compensation amount. Mr. Beil said he removed the item from the agenda in the hopes that both parties could find an acceptable solution.

Attorney Dimmich said, by law, the Township has the right to claim the additional right-of-way without compensation as a measure of good planning. They chose not to claim the additional space, but reserve the ability to claim additional right-of-way later, if needed, for an agreed-upon price per square foot. He also noted that the Township was well within the required deadline for action.

Mrs. Kneiss said she had no issue with providing the right-of-way if it was needed for something necessary and useful, but she did have a problem with the provision requiring the landowner to demolish anything within that right-of-way. She felt it was unfair for the Township to ask her to demolish the walls at the end of her driveway and the asphalt in the right-of-way. She also had a problem with allowing additional right-of-way in the future without knowing how that right-of-way would be used.

Attorney Dimmich said it might be possible to include in the agreement that the Township pay for the removal of all the currently existing encroachments.

Mr. Beil agreed, saying it was standard practice for the Township to incur the cost of removing and/or relocating existing structures in the right-of-way if it is needed for a road expansion.

Acting Chairman White directed Mr. Beil and Attorney Dimmich to follow up promptly on Mrs. Kneiss’s situation, and asked Mrs. Kneiss to contact him directly if she encountered any other problems.

Mark Bradbury – Engineer for the Kneiss’s – Mr. Bradbury reiterated his clients’ situation, their concerns, and what he and they perceived happened with regards to the lot line adjustment application.

Bob Tettemer – Glen Road – Mr. Tettemer brought up his claim that a lot line adjustment was completed on his property without his knowledge by a developer and the Township. He also voiced his displeasure with Ordinance No. 50-I because he said it discriminates against the uses of property for the average Township resident. He urged the Board to allow the Kneiss’s to have their requested lot line adjustment.

Tony Brown - 3460 Courtney Drive – Mr. Brown asked that he be allowed to comment if he so desired during the discussion of the Sunrise Valley Subdivision detention basin fencing.

Kadishe Stoudt - 3537 Stonegate Drive - Mrs. Stoudt asked that she be allowed to comment if she so desired during the discussion of the Sunrise Valley Subdivision detention basin fencing.

PRESENTATIONS
None

RECOGNITION OF JONATHAN ROBERT FORMANEK
Resolution No. 2007-33 – Recognition of Jonathan Robert Formanek
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2007-33 recognizing Jonathan Robert Formanek for the tremendous honor he brought to his family, Troop, and community by attaining the Rank of Eagle Scout.

Mr. Beil read aloud the resolution in its entirety.

The motion carried by a vote of 3 to 0 with Chairman Gutzmirtl and Mr. Wagner absent.

Following the vote, Mr. White read aloud details of Mr. Formanek’s Eagle Scout project.

SUBDIVISIONS AND LAND DEVELOPMENTS
None

MINUTES
Regular Meeting of October 9, 2006
A motion was made by Mrs. White and seconded by Mr. Horvath to approve the minutes of the October 9, 2006 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 3 to 0 with Chairman Gutzmirtl and Mr. Wagner absent.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Release of Funds – Weber & Dale Tracts Subdivision (a/k/a Whispering Pines) – Certification No. 5
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $568,217.05 for the Dale & Weber Subdivision in accordance with the Township Engineer’s recommendation made by letter dated June 14, 2007.

The motion carried by a vote of 3 to 0 with Chairman Gutzmirtl and Mr. Wagner absent.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Sunrise Valley Subdivision – Fencing Around the Detention Ponds
Mr. Beil reviewed the matter, which was brought before the Board at the last meeting. Many residents were angry about chain link fencing that was to be installed around two detention ponds since they claim they were promised decorative fencing by the developer. The Board had directed Mr. Beil to arrange a meeting between the developer, US Homes, the residents, and the Township to discuss the matter. Upon speaking with US Homes, it was determined that no stop work order was necessary because the developer agreed not to install the chain link and work with the Township toward a resolution. US Homes was hesitant, however, to meet with residents directly, but did submit a revised fence diagram calling for split rail fence with vinyl-coated wire mesh for the Township’s review. The location of the fencing was also altered to address the concerns of a property owner adjacent to the basin. Mr. Beil noted that the type of fence proposed and its location were examined by the Township Engineer and found to be acceptable. He then asked that the Board accept the proposal for alternative fencing submitted by US Homes.

Mr. Harman briefly spoke to the changes that were made to the original plan to address residents’ complaints.

Rod Chirumbolo - 3514 Courtney Drive – Mr. Chirumbolo thanked the Board and the Township for helping residents resolve the issues in a timely manner. He also asked if he could have a copy of the detailed fence diagram.

A copy of the diagram was immediately supplied to Mr. Chirumbolo.

Kadishe Stoudt - 3537 Stonegate Drive – Mrs. Stoudt thanked the Board for their help as well.

Tony Brown -3460 Courtney Drive – Mr. Brown also thanked the Board for their assistance in this matter.

A motion was made by Mrs. White and seconded by Mr. Horvath to approve the proposal submitted by US Homes to install split rail fencing lined with vinyl-coated wire mesh around the two detention basins in the Sunrise Valley Subdivision subject to the developer’s compliance with the Township Engineer’s specifications with respect to the type and location of the fencing and the mesh.

The motion carried by a vote of 3 to 0 with Chairman Gutzmirtl and Mr. Wagner absent.

BILLS, PAYROLLS, AND COMMISSIONS
Warrant List #06262007 dated 06/22/2007……….$322,582.85

A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment of the Warrant List #06262007 dated 06/22/2007.

Chairman White asked for a copy of one invoice, which will be provided to him at a later date.

The motion carried by a vote of 3 to 0 with Chairman Gutzmirtl and Mr. Wagner absent.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

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

The motion carried by a vote of 3 to 0 with Chairman Gutzmirtl and Mr. Wagner absent.

                                                                       
Secretary