Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, July 14, 2008 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
John E. Gilda, Jr.
Joseph M. Horvath
Joyce V. White

Attended Via Speakerphone:
Stephen C. Wagner, Vice Chairman
(Discussion Only)
                                   
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn Yeakel, Director of Community Development
Jeffrey Dimmich, Township Solicitor
Thomas Dinkelacker, Township Solicitor
Ron Gawlik, 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:

Janet Thomas- 5777 Locust Valley Road – Mrs. Thomas thanked the Supervisors for the personal sacrifices they make for the greater good of the community and its residents.

RECOGNITION OF GREGORY D. ANDERSON AND PATRICK ALAN KITCHEN
Chairman Gutzmirtl said the community was very fortunate to have such an active and involved Boy Scout Troop, asking the young men to recite the 12 virtues as well as the Scout’s oath.

Mr. Anderson and Mr. Kitchen took turns listing the virtues, but recited the oath in unison.

Mr. Beil read aloud the two resolutions recognizing Mr. Anderson and Mr. Kitchen.

A motion was made by Mr. Horvath and seconded by Mrs. White to adopt Resolution No. 2008-18 recognizing Gregory D. Anderson 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 4 to 0.

A motion was made by Mr. Horvath and seconded by Mrs. White to adopt Resolution No. 2008-22 recognizing Patrick Alan Kitchen 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 4 to 0.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl read aloud the following press release:

Judge Berle M Schiller, District Judge of the United Stated District Court for the Eastern District of Pennsylvania, has issued a Memorandum and Order dated July 11, 2008, in the cases of Locust Valley Enterprises, LLC v Upper Saucon Township at al, No. 07-3059, and Locust Valley Golf Club, Inc., et al v Upper Saucon Township et al, No. 07-4305, granting summary judgment in favor of all Township Defendants. In these consolidated cases, the Plantiffs alleged that certain Township officials conspired to deprive them of their civil rights with respect to the development of the Locust Valley Golf Course. Judge Schiller’s Memorandum and Order dismisses these claims. Similarly, in a recent decision of the Commonwealth Court dated June 11, 2008, it was decided that the Board of Supervisors properly denied the Plantiffs’ subdivision plan for the golf course.

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Lot Line Adjustment Plan of David Silver (Lots 47 and 48 of Blue Ridge West Estates) – Resolution No. 2008-25
A motion was made by Mr. Horvath and seconded by Mrs. White to adopt Resolution No. 2008-25 conditionally approving the Preliminary/Final Lot Line Adjustment Plan of David Silver to eliminate the common lot line between Lots 47 and 48 in the Blue Ridge Estates Subdivision.

The motion carried by a vote of 4 to 0.

Saucon Pines Subdivision – Sewage Facilities Planning Module
A motion was made by Mrs. White and seconded by Mr. Horvath to approve the Sewage Facilities Planning Module for the Saucon Pines 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.

PRESENTATIONS
Ron Gawlik – The Pidcock Company – Draft Official Township Map
Mr. Gawlik, a Township Engineer from The Pidcock Company, came before the Board of Supervisors to present the Draft Official Township Map. He explained, through consultations with the Township Staff and review of the PA Municipalities Planning Code, which contains the provisions governing the creation and adoption of an official map, two plans were prepared that would be used in conjunction with a corresponding ordinance. The first plan Mr. Gawlik presented outlined the Township’s Parks, Conservation Lands, and Transportation Plan while the second displayed the Township’s Environmental features.

Chairman Gutzmirtl questioned whether the wetlands were properly identified on the map.
 
Mr. Gawlik responded a national registry, not a parcel by parcel inventory was used to identify the wetlands on the map.  He assured the Board that an in-depth wetlands study is done as part of the Subdivision and Land Development review process. 

Mr. Horvath asked what next steps needed to be taken to allow the Township to take advantage of the benefits of having an Official Map.

Mr. Beil explained what steps had already be taken before the map reached the Board, including the work done by The Township’s Environmental Advisory Council. Mr. Beil said the map would not only be reviewed by Supervisors, but it would be sent to the Solicitor’s office so a corresponding ordinance could be drafted. Mr. Beil also briefly reviewed the benefits that the Township could expect from the adoption of an Official Township Map.

Mrs. White was curious if Coopersburg Borough had been contacted regarding the trail systems as it was shown on the first plan, since some of the trails enter their municipality.

Mr. Beil said the Borough and Township filed a joint request with SEPTA to convert the inactive rail line to a walking/biking trail.

Chairman Gutzmirtl remarked that even after its adoption, the map would exist as a living document that could be changed over time to accommodate the Township’s needs.

Mr. Beil agreed adding that while the map could be amended at any time, it would have to go through the same process it did when it was first adopted. He also informed the Board of the Environmental Advisory Council’s plan to review the map annually and provide recommendations for changes.
David Beecham - 5738 Applebutter Road – Mr. Beecham wanted to know if there would be public input before the adoption of the Official Township Map.

Chairman Gutzmirtl replied the public would be given an opportunity to comment before adoption of the ordinance and the map.

Mr. Beecham asked if the ordinance and map would be available on the Township’s website.

Mr. Beil said the ordinance would be available, but didn’t think the website could handle the size of the map.

No action was taken by the Board.

MINUTES
Regular Meeting of June 24, 2008
A motion was made by Mr. Gilda and seconded by Mr. Horvath to approve the minutes of the June 24, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Contribution to Southern Lehigh Community Pool
A motion was made by Mr. Horvath and seconded by Mrs. White to approve a contribution in the amount of $6,263.40 to the Southern Lehigh Community Pool Association for repairs made to the community swimming pool at Living Memorial Park.

Chairman Gutzmirtl asked Mr. Kassel to refresh his memory on the details of the understanding that the Recreation Committee had with the President of the Southern Lehigh Community Pool Association.

Mr. Kassel said the Committee was in favor of providing up to $10,000 towards repair of the existing community pool.
Chairman Gutzmirtl asked that a meeting with representatives from the Pool Association be arranged to discuss the future of the Community Pool.

Mr. Gilda inquired about the details of the repairs.

Mr. Kassel reviewed the repairs and how they have helped the operation of the pool.

The motion carried by a vote of 4 to 0.

Request for Payment – Suburban Water Testing Labs, Inc. – Certification No. 2 (2nd Quarter)
A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment in the amount of $6,130.00 to Suburban Water Testing Labs, Inc., for annual laboratory services for the wastewater treatment and water distribution systems.

The motion carried by a vote of 4 to 0.

Request for Payment – C&T Associates, Inc. – Certification No. 2
A motion was made by Mr. Gilda and seconded by Mr. Horvath to authorize payment in the amount of $11,272.50 to C&T Associates 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.

Release of Funds – Dun and Bradstreet Office Building Project – Final Release
A motion was made by Mr. Horvath and seconded by Mrs. White to authorize the release of construction security in the amount of $130,000 for the Dun and Bradstreet Office Building Project in accordance with the Township Engineer’s recommendation made by a letter dated June 25, 2008.

The motion carried by a vote of 4 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – July 21, 2008
Mr. Beil summarized for the Board the only appeal on the July 21, 2008 Zoning Hearing Board agenda, which involved a request for a special exception. If granted, the applicant would be allowed to operate an auto detailing business at his home located in an R-2 Suburban Residential District.

Attorney Dimmich reviewed the process for approving or denying the request.

Mr. Beil suggested the Supervisors consider becoming involved in the matter.
Ms. Yeakel provided further clarification of the request outlining how the auto detailing business would operate. She said the applicant intended to only accept one car dropped off per day, which would be taken into his personal garage and given a thorough cleaning. The applicant had assured her no additional structures would be built and no painting, body work, or services of that nature would be offered.

A short discussion took place regarding what conditions could be placed on the applicant and how they would be enforced, the criteria for home occupations, and the various ways that the business could become problematic.

Attorney Dimmich reminded the Board that because the request was a permitted use, an objection to the application by Supervisors would have to be accompanied by proof that the applicant does not meet the criteria or that there was a public health, safety, and welfare issue. He believed it would be better for the Board to push for limitations and conditions  instead.

Mrs. White thought the Zoning Hearing Board had the experience and knowledge to place reasonable restrictions and conditions and that sending the Solicitor might not be necessary.

Attorney Dimmich addressed Mrs. White’s comment saying the Solicitor could reinforce the imposition of safe and appropriate conditions.

Attorney Dinkelacker concurred, but said eliminating the need for Solicitor attendance was possible if the applicant agreed to certain conditions prior to the meeting.

The consensus of the Board was to direct the Solicitor to contact the applicant regarding conditions for approval of his request for a special exception allowing for the operation of an auto detailing business at his home located in an R-2 Suburban Residential District. If an agreement on conditions cannot be reached, the Solicitor was directed to attend the July 21, 2008 meeting to ensure proper conditions were placed on the approval by the Zoning Hearing Board.

David Beecham - 5738 Applebutter Road – Mr. Beecham was surprised a business such as the one in the appeal was allowed in a residential district and thought it should not be allowed. He said if something similar was to begin operating next door to him he would be concerned about the chemicals and cleaning solvents being used.

Ms. Yeakel said those issues would definitely be addressed in the conditions for approval.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #07142008 dated 07/11/2008…….$204,729.02
Warrant List #07142008 dated 07/11/2008…………….$639,006.40

A motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #07142008 dated 07/11/2008.

The motion carried by a vote of 4 to 0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
An executive session was held to discuss litigation involving the Township.

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

The motion carried by a vote of 4 to 0.

                                                                       
Secretary