Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, October 28, 2008 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, Vice Chairman
Joyce V. White

Participating:
Via Speakerphone
John E. Gilda, Jr.
Joseph M. Horvath
                                   
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn Heater, Director of Community Development
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.”

PUBLIC COMMENT
Public Comment is summarized as follows:

Larry Wempe – 5670 Hill Court – Mr. Wempe commented on the public sewer expansion that was taking place from the area of Vera Cruz Road and Chestnut Hill Road into the neighborhood where he resides. He told the Board that while he was pleased with the progress, he was concerned because the current phase of the project would not provide his home with public sewer access. He said his home has been plagued with sewer problems that have gotten progressively worse over the years. He has tried unsuccessfully to establish an area suitable for an on-lot system and consequently had to fence off parts of his property because of the severity of the seepage. In addition, he had to take expensive measures to control odor and runoff so that neighboring properties were not affected. Mr. Wempe asked that his area take priority over new development requests for sewer connection and expansion in the upcoming budget so that the second phase of the project could be completed in 2009 allowing him and his other neighbors with failing systems to connect.

Claire Wempe – 5670 Hill Court – Mrs. Wempe reiterated her husband’s comments and request adding that she was afraid the seepage from her property could result in health and safety issues for her family and her neighbors. Furthermore, Mrs. Wempe worried about the value of their home.

Mr. Beil addressed the matter saying that the first phase of the project extended lines to a cul-de- sac in Hill Court, while the second phase would extend sewer access down Vera Cruz Road and behind the homes in Hill Court. The second phase, which would provide sewer connection to the Wempes and their neighbors, was in the preliminary budget for 2009 and set to begin in the spring.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl mentioned the referendum question on the November 4, 2008 ballot asking residents to help maintain the quality of life in the Township by preserving natural and open spaces through a small increase in the Earned Income Tax. He expressed his hopes for a successful referendum, adding the increase was approximately the cost of a cup of coffee per week.

The Chairman also offered congratulations to the recording secretary on her recent marriage.

PUBLIC HEARINGS
Assumption BVM Church – Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Assumption BVM Church for the construction of a 3,558 square-foot addition to the existing church rectory on the property located at 4101 Old Bethlehem Pike. The applicant requests conditional use approval pursuant to Sections 502.B.9, 1402, 1404, and 1702 of the Township Zoning Ordinance. The subject property is zoned R-2 – Suburban Residential District and is located within the ESZ – Environmentally Sensitive Zone Overlay.

Attorney Dimmich handled the proceedings on behalf of the Township reading into the record exhibits T-1 through T-14.

Present on behalf of the applicant were Attorney Erich Schoch, Kevin Markell, Professional Engineer with Barry Isett & Associates, and Robert Naso, Business Facilities Manager for Assumption BVM Church.  Messrs. Markell and Naso gave testimony in support of the applicant’s request for Conditional Use Approval.

Attorney Schoch submitted a copy of the plan into the record as Applicant Exhibit A-1.

There were no questions or comments from any of the Board members.

No members of the public commented during the hearing.

A motion was made by Mr. Wagner and seconded by Mrs. White to approve the Conditional Use Application of Assumption BVM Church for the construction of a 3,558 square-foot addition to the existing church rectory on the property located at 4101 Old Bethlehem Pike subject to the following conditions:

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

Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

DeSales University – McShea Student Center – Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of DeSales University for the construction of a new student center building on the campus of DeSales University located at 2755 Station Avenue. The applicant requests conditional use approval pursuant to Sections 502.B.3, 1402, 1404, and 1702 of the Township Zoning Ordinance. The subject property is zoned R-2 – Suburban Residential District and is  located within the ESZ – Environmentally Sensitive Zone Overlay.

Attorney Dimmich handled the proceedings on behalf of the Township reading into the record exhibits T-1 through T-12.

Present on behalf of the applicant were Attorney Erich Schoch, Kerry Good, Professional Engineer with Barry Isett & Associates, and Robert Snyder, Vice President of Administration and Finance at DeSales University.  Messrs. Good and Snyder gave testimony in support of the applicant’s request for Conditional Use Approval.

Attorney Schoch submitted a copy of the plan into the record as Applicant Exhibit A-1.

Chairman Gutzmirtl asked several questions regarding the borings performed, the results of the borings, the proposed storm water improvements and what areas those storm water improvements would impact.  Mr. Good addressed Chairman Gutzmirtl’s concerns.

No members of the public commented during the hearing.

A motion was made by Mr. Wagner and seconded by Mrs. White to approve the Conditional Use Application of DeSales University for the construction of a new student center building on the campus of DeSales University located at 2755 Station Avenue subject to the applicant’s compliance with the recommendations contained in the August 21, 2008 SAIC review letter.

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

Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

SUBDIVISIONS AND LAND DEVELOPMENTS
Assumption BVM Church Rectory Addition – Resolution No. 2008-30
A motion was made by Mrs. White and seconded by Mr. Wagner to adopt Resolution No. 2008-30 conditionally approving the Preliminary and Final Land Development Plans and Conditional Use Application of Assumption BVM Church for the construction of a 3,558 square-foot addition to the existing church rectory on the property at 4101 Old Bethlehem Pike.

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

Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

DeSales University – McShea Student Center – Resolution No. 2008-32
A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Resolution No. 2008-32 conditionally approving the Preliminary and Final Land Development Plans and Conditional Use Application of DeSales University for the construction of a new student center building on the campus of DeSales University 2755 Station Avenue.

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

Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.
Lot Consolidation Plan of James and Gail Miller (Lots 31 and 32 of Blue Ridge West Estates) – Resolution No. 2008-33
A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Resolution No. 2008-33 conditionally approving the Preliminary/Final Lot Consolidation Plan of James and Gail Miller for the consolidation of Lots 31 and 32 of the Blue Ridge West Estates Subdivision.

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

Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

Waiver Request of David Silver in Connection with the Lot Line Adjustment Plan for Lots 47 and 48 of Blue Ridge West Estates – Resolution No. 2008-34
A motion was made by Mrs. White and seconded by Mr. Wagner to adopt Resolution No. 2008-34 conditionally approving the waiver request of David Silver such that Mr. Silver will be relieved of those drafting requirements of SALDO Section 424 which have not been satisfied by Mr. Silver’s most recent Plan submission for the consolidation of Lots 47 and 48 in the Blue Ridge West Estates Subdivision.

Mr. Wagner asked why the applicant was requesting a waiver of the requirements.

Ms. Heater replied the waiver request was typical for the type of lot line adjustment sought. The items waived are not necessary, and she had no objection to the waiver being granted.

Similarly, Mr. Harman said what was not shown on the Lot Line Adjustment Plan had been deemed unimportant by his firm. Therefore, he too had no objection to the waiver being approved.

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

Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

MINUTES
None

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2008-35 – Reimbursement to Stabler Land Company Pursuant to 1988 Water Agreement
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2008-35 authorizing payment in the amount of $474,650.00 to Stabler Land Company as reimbursement for the construction of waterlines along Corporate Parkway pursuant to an agreement dated October 27, 1988.

Mr. Wagner inquired about whether a release would be signed by Stabler to avoid any further confusion.

Attorney Dimmich explained Stabler Land Company had requested payment several months ago, but the Township had questions as to whether Stabler could provide the appropriate paperwork to accompany the request for payment. Since that time, Attorney Dimmich said, the payment amount requested had been verified. It had been discovered, however, that a cap had been set at $514,378.64, which would allow for Stabler to request additional payments in the future, so long as it would not exceed the cap and they could prove the cost of the work performed.

Mr. Beil clarified that additional costs could be incurred in the future as more businesses connect to the waterlines.

Mr. Wagner believed that in Committee, where the matter had been ironed out, the parties had agreed that a release would be signed by Stabler, but the resolution currently before the Board did not reflect that agreement. He feared without that release, there was a possibility that Stabler representatives would dispute the agreement after it is all said and done claiming confusion on their part. Mr. Wagner wanted to know if a partial release for the payments remitted to date was possible to prevent future confusion.

Attorney Joseph Fitzpatrick, counsel for Stabler Land Company, said he did not see why a partial release would be rejected.

Attorney Dimmich added a partial release would set a final payment amount due so there would be no disagreement in the future about the amount still owed.

Attorney Fitzpatrick pointed out language in the agreement that he viewed as a release of sorts where Stabler would acknowledge the payment made as the current due.

Attorney Dimmich said his concern was not about the current payment, but instead about the future amount due. He felt it was necessary to set a ‘not to exceed’ amount for future payments, so no future Board would be asked to pay above and beyond the capped amount set in the 1988 agreement.

Mr. Wagner commented he would have preferred a final settlement amount be paid at that time with no future payment due, but felt Stabler was being uncooperative.

Chairman Gutzmirtl believed the matter needed to go back to Committee for further evaluation and revision.

Mr. Beil briefly explained the circumstances behind the two parties’ inability to reach a final payoff amount. He said that during discussions at the Committee level, representatives from Stabler and the Township had discussed a final payoff amount that included full payment of all sums currently due and payment of 50% of future claims for reimbursement.  When asked for a dollar figure, Mr. Beil said he took the cap amount and subtracted the payment amount currently before the Board, which left a balance of approximately $40,000. With that estimate in mind, Mr. Beil said the settlement amount would be approximately $20,000 additional. However, when he examined the records more closely, it seemed another payment had been made many years back of approximately $14,000, which meant the available balance was just over $25,000 making the payoff amount approximately $12,500. The offer, Mr. Beil said, was ultimately rejected by Stabler.

Attorney Fitzpatrick provided the Board with Stabler’s perspective. The Committee discussion had taken place as Mr. Beil said; however, the offer of $20,000 was taken back to Stabler Corporate as the final number, instead of 50 percent of the available balance. Corporate had agreed to $20,000 as the final payoff amount, but rejected the lesser amount of $12,500.

Chairman Gutzmirtl suggested the matter be tabled and revisited in November once the discrepancies have been worked out.

A motion was made by Mr. Gilda and seconded by Mr. Horvath to table the motion until the next regularly scheduled Board of Supervisors meeting.

The motion carried by a vote of 5 to 0.

The consensus of the Board was that the matter should be resolved by the Township Solicitor, Mr. Beil, Attorney Fitzpatrick, and Bob Bower, President of Stabler Land Company, and a new agreement brought before the Board at the next meeting for approval.

MOTIONS
Request for Payment – Asphalt Maintenance Solutions, LLC – Certification No. 3 (Final)
A motion was made by Mrs. White and seconded by Mr. Wagner to authorize payment in the amount of $13,784.48 to Asphalt Maintenance Solutions, LLC for crack sealing and seal coating work on various Township roads.
The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #10282008 dated 10/24/2008……..$  94,073.88
Warrant List #10282008 dated 10/24/2008……………..$545,695.44

A motion was made by Mrs. White and seconded by Mr. Wagner to authorize payment of the Prepaid Invoice List and Warrant List #10282008 dated 10/24/2008.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Mr. Gilda briefly discussed the proposals reviewed by the Finance and Administration Committee for financial software and networking solutions via an internet connection for Township records.

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary