Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, August 22, 2006 - 6:00 P.M.
Township Municipal Building

Members Present:
Stephen C. Wagner, Chairman
Miro A. Gutzmirtl, 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 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
Chairman Wagner asked all in attendance to stand and recite the “Pledge of Allegiance.”

PUBLIC HEARINGS
John R. Woodman Request for Exemption From Well Isolation Distance Requirements
A public hearing was held to accept public comment and input regarding a request from John R. Woodman for an exemption from the 100-foot minimum distance requirement between an existing private well and a proposed sewage disposal system pursuant to 25 Pa. Code 73.13 and for a waiver from the requirement of 25 Pa. Code 72.33(c)(1)  that an appropriate groundwater study accompany the written request for that exemption. Mr. Woodman proposed installing a replacement on-site sewage disposal system on the property located at 5989 Beverly Hills Road. The proposed absorption area for that system will be located approximately 85 feet from an existing well on the property. The request for an exception was made pursuant to 25 Pa. Code 73.3(b). The hearing was conducted pursuant to the Local Agency Act and Resolution No. 2005-38.

Attorney Dimmich handled the proceedings on behalf of the Township. He began by explaining the details of the request and introducing Exhibits A through G.

The applicant, John R. Woodman, spoke on his own behalf. During his testimony, Mr. Woodman entered into the record a copy of his proposed septic system plan.  Mr. Woodman outlined the reasons and justifications for his requested exemption from the well isolation distance requirements of the State Code.

The Township’s Sewage Enforcement and Environmental Officer, Edward J. Powell, also commented on Mr. Woodman’s request.

Also present were Christopher and Geraldine Guillon who are looking to purchase Mr. Woodman’s property.  Mr. Guillon asked several questions of Mr. Powell during the hearing.

Bob Tettemer of Glen Road spoke in opposition to Mr. Woodman’s request.

Request for Waiver of Groundwater Study and Exemption from Well Isolation Distance Requirement
A motion was made by Mrs. White to approve the request of John R. Woodman for a waiver from the requirement of 25 Pa. Code 72.33(c)(1) that an appropriate groundwater study accompany the written request for a well isolation distance exemption and an exemption from the 100-foot minimum distance requirement set forth in 25 Pa. Code 73.13. to allow the replacement on-site sewage disposal system to be located approximately 85 feet from the existing well on the property located at 5989 Beverly Hills Road.

The motion failed to receive a second and died.

A new motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to deny Mr. Woodman’s request for a waiver from the requirement of 25 Pa. Code 72.33(c)(1) and to deny Mr. Woodman’s request for an exemption from the 100-foot minimum distance requirement set forth in 25 Pa. Code 73.13.

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

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

The motion carried by a vote of 4 to 1.

PUBLIC COMMENT
Public Comment is summarized as follows:

Gretel Ruppert – 5201 Mountainside Lane – Mrs. Ruppert expressed disappointment in the denial of a 55 and older community at the site of the former Locust Valley Golf Course. She does not want to see the land used for single-family homes that will cover the landscape, add more traffic to the area, and increase the number of children in the School District. Mrs. Ruppert said she would rather see a cluster development built on the site so that more open space will remain undeveloped.

Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert echoed his wife’s comments, speaking in favor of the cluster development to preserve open space with the Township having to pay for it.

James Kuehner – Locust Valley Road – Mr. Kuehner is part owner of the Locust Valley Golf Course. Mr. Kuehner informed the Board that he and his co-owner are in support of the Act 537 Plan amendment and development proposal submitted by McGrath Homes.   He advised the Township that he and his partner were not averse to taking legal action against the Township if the Board oversteps its bounds.

Roy Laubach – 16 Stratton Drive, Schuylkill County, PA – Mr. Laubach said he was the owner of approximately 3.6 acres in the Township that bordered the park and was interested in selling it to the Township.

Chairman Wagner said the matter was one to be discussed in Executive Session and asked Mr. Laubach to meet with the Board at a later time.

Attorney Dimmich clarified that during the Executive Session, the two parties may discuss the sale, but an offer cannot be made until an appraisal of the property has been completed.

Mr. Laubach agreed to meet with the Board in an Executive Session at the end of the meeting.

SUBDIVISIONS AND LAND DEVELOPMENTS
Saucon Pines – Resolution No. 2006-38
Jay Musselman, Professional Land Surveyor, was present on behalf of the applicant, as well as applicant’s counsel, John Schwartz. Mr. Musselman referred to a letter he submitted to the Township earlier that day asking to table any action on the resolution due to the fact that the applicant, Richard Storat, was unable to attend. The letter also requested a time extension for action on the plan for an additional 60 days.

Attorney Dimmich and Attorney Dinkelacker commented on the legal aspects of their requests.

A motion was made by Mr. White and seconded by Mrs. White to grant the time extension request for the Saucon Pines Subdivision Plans in accordance with the letter dated August 22, 2006 from Jay Musselman, Professional Land Surveyor.

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

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

The motion was defeated.

A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to adopt Resolution 2006-38 denying the Preliminary and Final Plans for the Saucon Pines Subdivision and denying the applicant’s waiver requests.

Mr. Musselman said that with prior knowledge of a potential denial, he prepared some explanatory comments regarding the waivers. He suggested that the waiver requests for Lots 2 and 3 might be unnecessary depending on the Zoning Officer’s interpretation of the Ordinance. The waiver issues, combined with questions regarding the width-to-depth ratio for Lot 4 and the rescinded approval for the capacity for sewer for two of the lots, were the reason behind the request for a time extension.  Mr. Musselman said it was his belief that the plan could be altered to resolve some of the issues and brought back to the Board without denying the plan completely.

Attorney Schwartz said a decision that night would be a hasty one, since it was the first time the plans had come before the Board and the issues discussed. He said every effort had been made to comply with all the Township’s ordinances, and in his mind, the issues at hand were merely engineering problems that could easily be resolved.

Chairman Wagner asked for any discussion by members of the Board, to which there was no response.

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

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

The motion carried by a vote of 3 to 2.

Locust Valley Singles Subdivision (a/k/a Villas at Locust Valley)

Request to Amend the Township’s Act 537 Plan
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to deny the Act 537 Plan amendment request by McGrath Homes dated October 13, 2005, based on the results of the engineering study last revised July 27, 2006 prepared by Schreiter Engineering Associates, Inc.
Mr. White voiced concern over the time it took Schreiter Engineering Associates, Inc., to complete the revision.

Mrs. White commented that the revision was done at the request of the Township’s Sewer Engineer. The study was performed over a six (6) month period and showed plenty of capacity in the line except in one occurrence, which was the basis for the denial. At the time of the single occurrence, Mrs. White claimed, nearly all the lines in the system were overloaded. She believes that if the study had been performed in a timely manner, that occurrence would not have been included in the study.

Attorney Dimmich explained the procedure for a developer requesting an Act 537 Plan amendment and the options before the Board.

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

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

The motion carried by a vote of 4 to 1.

Preliminary Subdivision Plan – Resolution No. 2006-39
Attorney Doug Maloney was present on behalf of McGrath Homes. Attorney Maloney requested a time extension, which would provide the applicant with the opportunity to submit a revised plan addressing items cited in the various plan review letters. He noted that all the items contained in the review letters are “will comply” items with exception of the sewer issue. He said in light of the Board’s earlier decision concerning the Act 537 Plan amendment request, McGrath Homes would pursue other avenues, namely filing a request with the PADEP to obtain the Act 537 Plan amendment which would allow the property to be served by public sewer. Attorney Maloney also suggested avoiding additional litigation by granting preliminary plan approval conditioned upon compliance with all of the review comments. He added, even if the Board denied the waiver requests, the plan could be revised to do without them. The only issue that would remain would be access to public sewer, which, if included as a condition for approval, would be resolved one way or another by the hearing for the PADEP request.

Attorney Dimmich said, in his legal opinion, if the Board is in opposition to the Act 537 Plan amendment, they should not approve the plan conditioned upon access to public sewer. Instead, the Board should deny the plans altogether.

A motion was made by Mr. White and seconded by Mrs. White to grant the request of McGrath Homes for a time extension until October 31, 2006 to examine the issues and questions related to their Preliminary Subdivision Plans and return to present them to the Board.

A roll call vote was taken, and the results were as follows:
Chairman Wagner: No
Mr. White: Yes
Mrs. White: Yes
Mr. Gutzmirtl: No
Mr. Horvath: No

The motion was defeated.

A motion was made by Mr. Horvath and seconded by Mr. Gutzmirtl to adopt Resolution No. 2006-39 denying the Preliminary Plan of McGrath Homes for the Locust Valley Singles Subdivision.

Chairman Wagner asked for any further discussion by Board members, to which there was no response.

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

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

The motion carried by a vote of 3 to 2.

PRESENTATIONS
None

MINUTES
None

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2006-37 – Disposition of Police Records

A motion was made by Mr. Horvath and seconded by Mrs. White to adopt Resolution No. 2006-37 authorizing the disposition of certain records maintained by the Police Department.

Mr. Beil reviewed the four (4) types of records included in the request for disposition. The first was the Daily Activity Report, the second was the Incident Control Logs, the third was Alarm Registration Cards, and the fourth was Applications for Employment. The request was made by the Chief of Police due to lack of space and age of the records.  The disposition of these records would be in compliance with State regulations.

Mr. White asked about the disposal of the records.

Mr. Beil responded the records will all be shredded before being disposed.

The motion carried by a vote of 5 to 0.

MOTIONS
Bid Award – Water Meter Readers (Bid No. 2006-12)
A motion was made by Mrs. White and seconded by Mr. Horvath to award Bid No. 2006-12, Water Meter Readers, to AquaPro for a total bid price of $59,600.

Mr. White wanted to know why the bid responses in the Board’s packet were different from the amount stated on the agenda.

Mr. Harman replied that an error in calculation where credits were added to the total instead of subtracted from it caused the discrepancies. He also addressed comments made by Chairman Wagner at a prior meeting regarding the lack of competition in bidding. He said he contacted Sensus representatives directly, as well as other municipalities, in an effort to increase the number of bidders.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda for September 7, 2006
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to delegate authority to the Planning and Zoning Committee to determine the appropriate course of action to be taken by the Township with respect to Appeal No. 2006-23 and Appeal No. 2006-24.

Mr. Gutzmirtl expressed concern over the waivers being requested saying he would prefer the matters be reviewed further by Committee so that appropriate direction can be given to the Township’s legal team.
Mr. White said he had no objection to the matters going to Committee, but was also confident that the Zoning Hearing Board could handle the issue.

Mr. Beil reviewed the appeals contained in the motion and spoke about a meeting scheduled for the following week between the Township and the School District.

The motion carried by a vote of 5 to 0.

The Board did not take a position with respect to the other two (2) appeals on the Zoning Hearing Board’s agenda. 

Status of  Community Map
Mr. White inquired about the status of the production of a community map through a firm that solicited local advertisements to pay for the map.

Mr. Gutzmirtl expressed concern over the nature of the advertisements and the lack of policy regarding who can advertise on the map.

Mr. White said all the Township has to do is provide a map of the Township and a narrative about the community.

Mr. Beil provided the Board with the background on the project.

Mr. Gutzmirtl felt advertising may be perceived as showing favoritism.

Chairman Wagner agreed saying he was uncomfortable with his name and the Township being affiliated with the advertising and the map, especially without approval before production. He suggested a disclaimer saying the Township is in no way affiliated with the company, the advertisers, or the map.

All the Board members agreed the disclaimer was a good idea, but decided by consensus to refer the matter to the Administration and Finance Committee.

Status of Employee Handbook
Mr. White asked for an update on the Employee Handbook.

Mr. Beil said the Employee Handbook was essentially finished subject to review by the various department heads. Once reviewed, the appropriate changes would be made, and the handbook would be brought before the Board for approval.

Act 4 – Freezing the Millage on Farm Properties
Mr. White wanted to know if the Township was planning to take action on Act 4 and when. He noted that Lower Milford Township, the School District, and Lehigh County have already adopted the millage freeze for farm properties.

All Board members were in agreement that freezing the millage rate on farm properties was a good idea and directed the Township Solicitor to draft an ordinance.
Park and Recreation Plan Update
Mr. White asked Mr. Beil for an update on the Park and Recreation Plan.

Mr. Beil responded the Park and Recreation Plan was fully prepared and a recommendation from the Township’s Planning Commission to adopt the Plan had already been received. However, because the Plan was a joint venture between Upper and Lower Saucon Townships, the two municipalities thought it best to hold a joint meeting where both approve the plan at the same time. That meeting would be held sometime in October.

Mr. Gutzmirtl asked if adopting the plan meant every suggestion in the plan must be implemented, to which Mr. Beil responded no, they were only recommendations.

Invitation for Township to Purchase Property
Mr. White wanted to make sure that a reply was sent to a resident who had offered land for purchase to the Township.

Chairman Wagner said a reply was being formulated.

Trees on Former Benckini Property
Mr. White wanted to know what was being done with the trees on the former Benckini property.

Mr. Beil said the Township has used all the trees from the property that they could and the rest could be auctioned off.

Both Mr. White and Mr. Gutzmirtl suggested they be sold as quickly as possible, so they do not reach a size that becomes unmanageable.

Breach in Retaining Wall at Liberty Village
Mr. White was concerned over a breach in a retaining wall at Liberty Village and how it would hold up in the event of a storm. He wanted to know what could be done to force the developer to repair the breach.

Mr. Harman said a method for repair had been approved, and the work had been started.

Detention Ponds at Saucon Valley Chase
Mr. White inquired about the maintenance of the weeds in the detention pond at the development.

Mr. Beil said the Code Enforcement Officer would look into the matter to see if a violation existed.

Emergency Services Meeting
Mr. White asked that the resident of Vera Cruz Road, who had complaints regarding speeding on that stretch of road, be contacted to attend the next Emergency Services meeting.

Attorney Dimmich warned the resident had threatened to sue the Township, and it may not be a good idea to meet with him.

Mrs. White, Chairperson of the Emergency Services Committee, agreed saying the resident would not be contacted.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #08222006 dated 08/18/2006…………$1,110.03
Warrant List #08222006 dated 08/18/2006…………………$266,458.87

A motion was made by Mr. Gutzmirtl and seconded by Mrs. White to approve the Prepaid Invoice List and Warrant List #08222006 dated 08/18/2006.

Mr. White had two questions that were addressed by Mr. Beil and Mr. Kassel.
 
The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Al Siess – Blue Church Road – Mr. Siess commented on the legislation that would offer a millage freeze on active farmland and the possibility of tax breaks for senior citizens.

Attorney Dimmich explained that freezing the millage on active farmland was State legislation that the Township was taking advantage of, not an ordinance created by the Township.

Bob Tettemer – Glen Road – Mr. Tettemer thanked the Board for voting the way that they did and Attorney Dimmich for the work he did with regards to the earlier public hearing concerning the Woodman property.

EXECUTIVE SESSION
An Executive Session was held to discuss possible land acquisition.

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary