Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, September 10, 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, P.E., 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.”

RECOGNITION OF BRIAN MCHUGH PENGELLY
Resolution No. 2007-47 – Recognition of Brian McHugh Pengelly
Chairman Gutzmirtl personally congratulated Brian Pengelly and asked him to tell those present about the projects he completed to attain the Rank of Eagle Scout.

Brian Pengelly briefly explained his Eagle Scout projects.

A motion was made by Mr. Wagner and seconded by Mr. White to adopt Resolution No. 2007-47 recognizing Brian McHugh Pengelly 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 5 to 0.

PRESENTATIONS
Update on Status of the Community Pool
John Neumann, President of the Southern Lehigh Community Pool Association, presented the Board with a brief history of the pool, which for many years has been run by the Pool Association.  He said the pool currently serves approximately 1,300 Township residents and supports its own swim team. One significant problem facing the pool was a leak of unknown origin that was draining two to three inches of water per day from the 280,000 gallon pool. It was apparent to the Association, Mr. Neumann said, that they could no longer operate the pool in its current condition. He hoped the Township would be able to provide suggestions or assistance to keep the pool open.

Chairman Gutzmirtl said he was not surprised by Mr. Neumann’s presentation due to the ongoing problem of water leaking from the pool and the lack of volunteers to tend to the facility.  He told Mr. Neumann the Board had been supplied with the minutes from the meeting where the Association spoke about the issues with relation to the pool. Chairman Gutzmirtl assured Mr. Neumann the Board would review the minutes, become familiar with the details, assess the situation, and return to the Association with a decision on how to proceed. The decision would have to remain in line, not only with the Board’s promise to be fiscally responsible, but the Township’s Comprehensive Recreation & Open Space Plan.

Mr. Neumann asked if the pool had been incorporated into the Plan, to which Mr. Beil replied, no.

Mary Rockel, Chairperson of the Park and Recreation Commission, said the pool was mentioned in the Plan, but only as a facility available to Township residents.
 
Mr. Horvath said many aspects needed to be considered including ownership of the land where the pool is located. the capital and revenue needed to make a community pool a reality, and what sources of revenue would be available.

Mr. Neumann said at the end of the most recent season, the pool saw a net income of nearly $25,000 with paid employees maintaining the pool and volunteers filling the Association seats.

Mr. Wagner believed the fees collected for the use of the pool would pay for its operation. And if so, he said, it might be possible for the Township to provide the capital needed for improvements to the facility through a bond issue to be paid back by the Association.
 
Mr. Neumann said that while collecting the capital was an issue, a second and possibly more pressing issue was the decision by the pool Association to no longer run the pool as private citizens.

Mr. Wagner admitted that no one on the Board was going to spear-head the pool project. If the Association and users of the pool wanted to be successful, it would take fundraising over the long-term in addition to any assistance provided by the Township.

Kristine Groeber – 3112 Broadmoor Drive – Mrs. Groeber had contacted the Borough Manager of Quakertown to inquire about their method for obtaining a new pool facility, and she was told they were willing to share information with Upper Saucon.

Chairman Gutzmirtl said the Township would contact Quakertown Borough along with several other municipalities that had been successful in constructing and maintaining a pool.

Ann Sikorski Schneider – 6260 Domarray Street – Mrs. Sikorski Schneider said she volunteered at the pool in the past and wanted the Board to be aware of the pool’s championship swim team. Children and adults use the pool not only for competition, but for friendship, and in a School District with no pool, she did not want to see it become a community without a pool as well.
 
Tamera Durocher – 2690 Washington Lane, Bethlehem - Mrs. Durocher said her son was a member of the swim team, and she had been involved in a pool project elsewhere. She said if work on the pool was not performed within the month, it would not open in May. She asked that the pool be made a priority, especially since support for a community pool had already been expressed. She added she could see the issue being drawn out with all the talk by the Board of studying and analyzing, and the pool did not have the months those deliberations could take.

Chairman Gutzmirtl responded to Mrs. Durocher’s comments saying the matter was brought to the Board at the last minute, and action was not going to be able to be taken right away because of established priorities and budget constraints.

Mrs. Durocher also commented on how the pool affected her son, who took an interest in swimming at a young age, was now entering his senior year of high school, and was finding out that his record in swimming could play a large part in his acceptance into college. She felt it would be a shame for other children in the community to miss out on the same opportunity.

Chris Maron – 5131 Aberdene Street - Mr. Maron wanted to know what initiatives would qualify for a municipal-sponsored drive and what the difference was between a municipal drive and a booster drive.

Chairman Gutzmirtl said an example of a municipal-sponsored initiative would be the park extension that was brought to the Board by the Park and Recreation Commission. If the Township moved forward with the extension, monies would be set aside in the upcoming budget and funds would be sought from various other sources, such as grants.

Mr. Kassel also addressed the difference between the two types of drives. He said the Township would consider providing the capital for the actual construction of a facility, but then the public would be responsible for operating the facility. A good example, he said was the situation with the soccer fields. The Township paid to have the fields developed, but it is the public sports organizations that are responsible for their use. The situation with the pool would have to be examined more thoroughly before the Township could decide to what extent they were willing to be involved.

Chairman Gutzmirtl said a special study would be performed to give the Township a better understanding of the situation to help the Board determine the Township’s role in the future of the pool. Unfortunately, he told the public, nothing would be able to be done with the pool for the upcoming season, so it might be best for the swim teams to begin contacting other local municipalities to discuss facility sharing.

Mr. Maron asked the Board if they saw themselves as eventual owners of the pool.

Chairman Gutzmirtl, Mr. Horvath, and Mr. White said they could not speculate because they did not yet have all the details.

Mr. White said he contacted Lehigh County and was awaiting a response regarding available funding to repair or replace the pool.

Mrs. White commented the Board would like to help the Association and the community, but in reality, they did not know anything about running a pool.

Mr. Wagner suggested volunteers who are committed to the pool project should be recruited and a committee formed to promote and raise funds for this project.  He then proceeded to explain the Township’s role with regards to other organizations, such as the Library and the Fire Department.

Attorney Dimmich spoke about the legal obstacles, as well as the financial hurdles that existed in relation to the matter and his experience in another municipality with a community pool where a substantial grant was obtained through the Trexler Trust.

Mr. Maron wanted the Township to understand that the community would be there for the heavy lifting and support, but they needed the project management experience of the Township to get the project on its feet.

The Board then took a five minute recess before moving on to the next agenda item.

PUBLIC COMMENT
None

CHAIRMAN’S REMARKS
None

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Epernay Condominiums – Resolution No. 2007-48
A motion was made by Mrs. White and seconded by Mr. White to adopt Resolution No. 2007-48 conditionally approving the Revised Preliminary Plan and Revised Final Plan of Epernay Limited Partnership to construct a condominium development consisting of thirty-four single family detached dwelling units on 26.8 ± acres located north of Landis Mill Road, south of Spring Valley Road and east of Old Bethlehem Pike.

Mr. Wagner had several questions regarding floodplains for Tom Ladue, Engineer, who reviewed the plans and responded to Mr. Wagner’s concerns.

Chairman Gutzmirtl called for any public comment on this agenda item. No one from the public wished to speak on the matter.

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.

MINUTES
Regular Meeting of February 27, 2007
A motion was made by Mr. Horvath and seconded by Mr. White to approve the minutes of the February 27, 2007 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Encroachment Agreement – Michael & Kimberly Fritts – 5630 Old Bethlehem Pike
A motion was made by Mrs. White and seconded by Mr. Wagner to approve the Encroachment Agreement with Michael and Kimberly Fritts in order to allow the installation of a fence that would encroach upon the Township’s drainage easement on the property at 5630 Old Bethlehem Pike and to authorize the Township Manager to execute said Agreement on behalf of the Township.

Chairman Gutzmirtl called for any public comment on this agenda item. No one from the public wished to speak on the matter.

The motion carried by a vote of 5 to 0.

Release of Funds – The Promenade Shops at Saucon Valley – Certification No. 1
A motion was made by Mr. Wagner and seconded by Mrs. White to authorize the release of construction security in the amount of $1,085,449.86 for The Promenade Shops at Saucon Valley in accordance with the Township Engineer’s recommendation made by a letter dated August 22, 2007.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Memorandum from Thomas Young, Accounting Supervisor, dated September 10, 2007
Mr. Kassel reviewed a September 10, 2007 memo from Thomas Young, Accounting Supervisor, regarding the 2008 Minimum Municipal Obligation for Township Pension Plans and Firefighters Length of Service Awards Program. Based on a two percent employee contribution rate, the Minimum Municipal Obligation would be $155,568 for Police Pension Plan; $250,169 for the Non-Uniform Pension Plan; and $53,752 for the Firefighters Length of Service Awards Program.

Attorney Dimmich provided a brief explanation of how the Minimum Municipal Obligation is calculated.

Chairman Gutzmirtl called for any public comment on this agenda item. No one from the public wished to speak on the matter.

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – September 17, 2007
Attorney Dimmich said he reviewed the two items on the Zoning Hearing Board agenda for September 17, 2007, and did not see a need to intervene.

The consensus of the Board was to allow the Zoning Hearing Board to handle both matters.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #09102007 dated 09/07/2007………$  89,715.44
Warrant List #09102007 dated 09/07/2007………………$383,665.86

A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment of the Prepaid Invoice List and Warrant List #09102007 dated 09/07/2007.

Mr. White mentioned the Township’s cost versus reimbursable charges in relation to the invoices from the Township’s Engineering Firm, The Pidcock Company.

The motion carried by a vote of 5 to 0.

COURTESY OF THE FLOOR
Bob Griffith – 1484 Concord Lane – Mr. Griffith said he owns property near Waldheim Road in both Lower and Upper Saucon Townships. He said a neighboring property was allowed by the Township to execute a logging project that carried a deed restriction prohibiting further logging until certain provisions were met. Mr. Griffith said it was his understanding the Township was removing the deed restriction, despite the fact that compliance with all the provisions had not been accomplished. He, along with many of his neighbors, objected to additional logging on the property, not so much because of the removal of the trees, but more so because it was not being done properly. He asked that the Township look into the operation, enforce the provisions of the deed restriction before it is lifted, and require the property owner to comply with Township zoning.

Mrs. White asked if Mr. Griffith had contacted the Conservation District, and if so, what their response was.

Mr. Griffith said yes, he had contacted the Conservation District, and they sent out an expert forester, who said the property was being properly re-forested.

Attorney Dimmich asked when the original logging had taken place. Mr. Griffith replied that it was close to ten years ago.

Mr. Wagner asked Mr. Griffith for details regarding the property in question, and Mr. Griffith provided the name of the property owner and the approximate acreage involved.

Mr. Beil explained that the Zoning Hearing Board approved logging on the property approximately ten years ago. There was a condition that required approval of a re-forestation plan by the State Forester.  The Zoning Officer would have to make an administrative determination as to whether or not the condition regarding the re-forestation plan has been satisfied.

Attorney Dimmich said the Township’s Zoning Officer would investigate the complaint, but the Township could not enforce deed restrictions because that was a private matter.

Mr. Beil assured Mr. Griffith that the Township would enforce the provisions of the Zoning Ordinance, as well as the conditions put in place by the Zoning Hearing Board.

Chairman Gutzmirtl asked that Mr. Beil arrange a meeting between himself, Mr. Griffith, Sharyn Yeakel, Director of Community Development, and Trent Sear, Zoning Officer, to fully discuss the issue.

EXECUTIVE SESSION
None

ADDITIONAL BUSINESS
Appointment of an Alternate Engineer
Mr. Beil informed the Board that an alternate engineer must be appointed to inspect the public improvements at the Epernay Condominiums pursuant to Resolution No. 2007-48.  Mr. Beil suggested that the Board adopt a motion delegating the appointment of the alternate engineer to either the Chairman or the Planning and Zoning Committee.

A motion was made by Mr. Wagner and seconded by Mr. Horvath to delegate the appointment of an alternate engineer for the Epernay Condominiums to the Planning and Zoning Committee.

The motion carried by a vote of 5 to 0.

Newsletter on Volunteering
Chairman Gutzmirtl made a request that the Township Newsletter focusing on volunteerism coincide with the Fire Department’s Open House in October.

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