Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, September 21, 2009 – 6:00 P.M.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Joseph M. Horvath
John E. Gilda, Jr.
Joaquim “Jack” DeMatos

Members Absent:
Stephen Wagner

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr. Asst. Township Manager
Dennis Harman, P.E., Township Engineer
Thomas Dinkelacker, Township Solicitor
                                                                                     
                                   
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
Mr. Noel Little, 4893 Bowood Street – Mr. Little asked the Board to investigate a particular segment of the Township Zoning Ordinance, Section 306, as it relates to fences and walls. Mr. Little explained his situation. In this instance, his neighbor installed a new fence against Mr. Little’s existing fence, with no setback, so that Mr. Little is denied the freedom to maintain his fence, all of which Mr. Little interpreted as unreasonable, but his neighbor’s action is permitted by the existing Ordinance. Mr. Little’s neighbor will not permit access for maintenance making the point clear with veiled threats of legal trespass action. Mr. Little asked the Board to amend the existing Ordinance to mandate a setback requirement.

Chairman Gutzmirtl recommended that Mr. Little’s concerns be referred to the Planning and ZoningCommittee and instructed Mr. Beil to notify Mr. Little when the matter is scheduled before the Committee.

Mr. Joe Cassano, 5870 Main Street – Mr. Cassano asked the Board to consider restrictions on “dirt bikes,” and other recreational vehicles. His particular complaint revolves around the noise generated by dirt bikes owned by a neighbor who disregards Mr. Cassano’s need for some evening solitude. The suggestion made by Mr. Cassano was to restrict operation of recreational vehicles to within 200 feet of an occupied residence and only allow classified recreational vehicles on designated property over 2 acres.

Chairman Gutzmirtl recommended that Mr. Cassano’s concerns be referred to the Planning and Zoning Committee and instructed Mr. Beil to notify Mr. Cassano when the matter is scheduled before the Committee.

Michael Wunderler, 5370 Spring Drive – Mr. Wunderler asked for a status update on a request he made to Mr. Beil to repair his mail box which was damaged by work crews hired by the Township; the delay, as Mr. Wunderler expressed it, interferes with his mail delivery particularly on rainy days. Mr. Beil acknowledged receipt of the letter and will take the necessary steps to get Mr. Wunderler’s mail box repaired.

CHAIRMAN’S REMARKS
None

PRESENTATION BY ROBERT COYLE, CHIEF OF POLICE – POLICE DEPARTMENT UPDATE.
Police Chief Robert Coyle showcased the department’s newest police equipment, some of which is unique to the Township, and introduced several Township officers.

Officer Steve Kuebler presented an Impulse Laser System which allows officers to make the measurements necessary to perform a thorough analysis of a crime scene with particular emphasis on fatal traffic accidents and homicide scenes. When coupled with the bundled software program, Township officers can present attorneys and judges with finely detailed 3-D renderings which has become the standard that judges, attorneys and the District Attorney expect. Officer Kuebler noted that under manual conditions, an officer could be tied up for days developing the necessary paperwork for a crime scene, but the new technology reduces the time to a matter of hours and allows officers to react to changes often dictated by courtroom testimony.

Officer Roger Miller demonstrated Township-issued laptops, now standard in all police cruisers, which allows officers instant access to background data on anyone stopped by the police while simultaneously alerting other municipalities of a stop thereby reducing the probability that a criminal wanted in one municipality can evade arrest by traveling to a different municipality.

Officer Mike Fritts demonstrated On-board Camera Systems, now in every cruiser thanks to a grant obtained by Congressman Charlie Dent. The cameras are activated when an officer turns on the overhead lights, protecting the officer from spurious charges of abuse or improper handling of a suspect. Officer Fritts also noted that the cameras are always recording and have a 30 second record function which records the time immediately before the camera is activated. In addition to the cameras in the cars, the Township has installed cameras in the police holding area and the interview room.

Officer Miller reported that the Township’s Bicycle Patrol Program has received positive feedback from officers in the field and residents who appreciate the direct contact with the police.

Detective Joseph Pochron demonstrated proprietary technology which provides bit image maps of data stored on hard drives and cell phones that allows officers to quickly retrieve evidence.  

SUBDIVISIONS & LAND DEVELOPMENTS
None

MINUTES
Special Meeting of July 21, 2009
Motion made by Mr. Horvath and seconded by Mr. Gilda to approve the minutes of the special meeting of July 21, 2009.

The motion was adopted by a vote of 3 to 0 with Mr. DeMatos abstaining.

Regular Meeting of August 17, 2009
Motion made by Mr. Gilda and seconded by Mr. DeMatos to approve the minutes of the regular meeting of August 17, 2009.

The motion was adopted by a vote of 4 to 0.

COMMITTEE REPORTS
Mr. DeMatos reported that the Park and Recreation Commission recommended against moving forward with constructing playing fields on the property at the southwest corner of Camp Meeting Road and East Valley Road.

ORDINANCES
None

RESOLUTIONS
Resolution  No. 2009-41—Dedication of Stormwater Runoff Conveyance and Detention Mechanism on Lots 71 and 72 in the Weyhill Woods Subdivision
This item was removed from the agenda.

MOTIONS
Request for Payment—Musser Sewer & Septic, LLC – Certification No. 1
Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize payment in the amount of $13,025.00 to Musser Sewer & Septic, LLC for the installation of cured-in-place fiberglass pipe liners into existing sanitary sewer pipes to repair cracked and/or broken sections.

The motion was adopted by a vote of 4 to 0.

Request for Payment—Muschlitz Excavating, Inc. – Certification No. 1
Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize payment in the amount of $171,787.49 to Muschlitz Excavating, Inc., for the replacement of the sanitary sewer line along Camp Meeting Road between PA Route 309 and Preston Lane.

The motion was adopted by a vote of 4 to 0.

Resignation of Current Environmental Advisory Council Member and Appointment of New Member
Motion made by Mr. Horvath and seconded by Mr. Gilda to accept the resignation of Joaquim (Jack) DeMatos from the Upper Saucon Township Environmental Advisory Council effective immediately.

The motion was adopted by a vote of 4 to 0.

Motion made by Mr. Horvath and seconded by Mr. DeMatos to appoint Carolyn Lidie to the Upper Saucon Township Environmental Advisory Council for a  partial term expiring on December 31, 2010.

The motion was adopted by a vote of 4 to 0.

Animal Control Agreement with Peaceable Kingdom
Mr. Beil presented a summary of the recommendation by the Administration and Finance Committee to change the Township’s primary contact for animal control services from the Lehigh County Humane Society to Peaceable Kingdom. Although cost was a factor, Peaceable Kingdom will charge the Township a flat fee of $70 per stray animal. Peaceable Kingdom has a superior record of returning strays to their rightful owner or finding adoption homes for the pets rather than endorsing a policy of euthanasia. Mr. Beil noted that the Township had ten incidents of stray dogs reported to the police in 2008. Mr. Horvath emphasized that Peaceable Kingdom will provide neutering services for stray cats at no cost to the Township.

Motion made by Mr. Horvath and seconded by Mr. Gilda to approve an agreement with Peaceable Kingdom for Animal Control Services during the 2010 calendar year and to authorize the Township Manager to execute said agreement on behalf of the Township.

The motion was adopted by a vote of 4 to 0.

Sale of Township-Owned Property to PennDOT for Wetlands Replacement Project—2.45 Acres at Southeast Corner of Preston Lane and Old Bethlehem Pike
Motion made by Mr. Gilda and seconded by Mr. Horvath to approve the sale of 2.45 acres at the southeast corner of Preston Lane and Old Bethlehem Pike to PennDOT for the sum of $88,200.00.

The motion was adopted by a vote of 4 to 0.

Blair Custom Homes – Request for a Special Study to Determine Feasibility of Providing Public Sewer Service to 4378 Route 378
Solicitor Dinkelacker briefed the Board on the preliminary land planning proposal reviewed by the Planning Commission which included a provision that the proposed development, designated as Old Saucon, consisting of a mix of residential and neighborhood commercial businesses, would be serviced by public water and sewer service. The Township’s Act 537 Plan does not include this area in its forecast for service and the developer is asking the Township’s Sewer Engineer to conduct a Special

Study, at the developer’s expense, to determine the feasibility of extending public sewer service to the development.

Chairman Gutzmirtl added that the Planning and Zoning Committee has been in discussions with the developer and indicated to the developer that the Township prefers the development be designated as Age Qualified with a mixture of neighborhood commercial services. According to Mr. Gutzmirtl, the project has received wide support from neighbors in the Saucon Valley Country Club area and from Lower Saucon Township which borders the project.

Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize the Township Sewer Engineer to complete a Special Study for the purpose of determining the feasibility of providing public sewer service to a 66 +/- acre property located at 4378 Route 378.

The motion was adopted by a vote of 4 to 0.

CORRESPONDENCE AND INFORMATION ITEMS
2010 Minimum Municipal Obligation for Township Pension Plans and Firefighters Length of Service Awards Program (LOSAP).
Mr. Kassel reviewed a memo dated September 18, 2009 from Thomas Young, Accounting Supervisor, regarding the 2010 Minimum Municipal Obligation for the Township Pension Plans and Firefighters Length of Service Awards Program (LOSAP).

No action was required from the Board with regard to this agenda item.

DIRECTION / DISCUSSION ITEMS
Offer by Pnina and Betzalel Avitzur to Donate Land to the Township – 3.1 Acres at 5605 Vera Cruz Road
Mr. Beil briefed the Board on the particulars surrounding the donation and noted that the Solicitor and the Environmental Advisory Council reviewed and approved the application. Chairman Gutzmirtl and each Board member thanked Mr. and Mrs. Avitzur for their support of the Township’s open space program.

Motion made by Mr. Horvath and seconded by Mr. DeMatos to accept the Avitzurs’ offer to donate their property at 5605 Vera Cruz Road to the Township.

The motion was adopted by a vote of 4 to 0.

Township Revenue/Expenditure Analysis – First 8 Months of 2009
Mr. Kassel presented the monthly revenue/expense analysis for the first 8 months of 2009.  He indicated that revenues remain on track while expenses remain 16% below budgeted amounts. Mr. Kassel projected that the Township will end the year having weathered the economic crisis in excellent fiscal health.

Draft Ordinance No. 145 – Maintenance of Sidewalks, Curbs, Gutters and Grass Areas in Township Right-of-Way.
Mr. Beil introduced the draft Ordinance with the understanding that the proposed Ordinance is under review and the Township is soliciting comments and opinions for inclusion in the final draft of the Ordinance.  The Ordinance places the responsibility of maintaining sidewalks, curbs, grassy areas and trees with the homeowner even though some of the areas may be in the Township’s designated right-of-way and establishes a procedure for alerting property owners when repairs need to be done.  Mr. Beil also explained that the draft Ordinance contains penalty provisions and property owners can be fined up to $600 for non-compliance.

Chairman Gutzmirtl allowed public comment from the floor.

Michael Wunderler, 5370 Spring Drive – Mr. Wunderler presented his concern that the proposed Ordinance could present a homeowner with an unreasonable financial burden.  He pointed out to the Board that the cost of curbing, gutters, sidewalks and even tree replacement would be a natural part of a road improvement project and the costs for these improvements should not be passed on to the homeowner. Mr. Wunderler acknowledged that the Ordinance provisions do no affect his property, as he does  not have curbs, gutters or sidewalks. He noted he was speaking on the provisions of the Ordinance as it might affect future costs citing instances where government mandates have changed and he questioned the need to burden homeowners with costs required to comply with arbitrary and unfunded mandates. Mr. Wunderler suggested that a provision be adopted that would limit the costs that could be incurred by a property owner.

In response to Mr. Wunderler’s concerns, Mr. Beil emphasized that one objective of the Ordinance was to place the responsibility and costs for maintenance on those who benefited rather than spread the costs over everyone in the Township to support maintenance of street-side improvements.

Chairman Gutzmirtl addressed the potential liability issues that damaged sidewalks posed.

Mary Katherine Horn, 6345 Vera Cruz Road – Ms. Horn questioned the need for planting street trees in the area between the road and the sidewalk citing a concern about vehicle safety. Chairman Gutzmirtl responded that trees are part of the developer’s plan when submitting proposals for review and planting trees is mandated by Township Ordinances.

It was the consensus of the Board that Mr. Beil submit the Ordinance to the Township Solicitor for a full legal review and prepare the necessary public notices alerting residents to the fact the Board will consider adopting the Ordinance.   

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #09082009, dated 09/18/2009………….. $465,077.30
Warrant List #09082009, dated 09/18/2009………………….. $352,897.97

Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize the payment of the Prepaid Invoice List and the Warrant List.

The motion was adopted by a vote of 4 to 0.

ADDITIONAL BUSINESS
None

HAROLD AND ANN DIETERLY—APPLICATION FOR CONDITIONAL USE APPROVAL - BRINLEY COURT
This item was removed at the request of the applicant. Future hearings will be advertised and announced.

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
The Board met in Executive session to discuss pending litigation.

ADJOURNMENT
A motion was made and seconded to adjourn the meeting at 9:10 pm.

______________________
Secretary