Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, December 7, 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, Vice Chairman

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
Prior to public comment, Chairman Gutzmirtl noted that he received 12 emails concerning the projected ten percent funding decrease for the Southern Lehigh Public Library. The emails received were from Frank Posivak, Priya Sareen, Eileen Hirschhorn, Beverly Teague, David Haney, James, Sandra and Phillip Maas, Wayne Gooley, Laurie Stewart, Serena Chyung, Tom and Kathleen Kelahan, Alice Eckhart, James and Roberta VanVliet. Copies of the emails were distributed to all members of the Board of Supervisors.

Public comment is summarized as follows:

Linda Roosa, 6689 Vera Cruz Road - Ms. Roosa explained how the library has become a cultural center for the communities it serves in the five years it has been in existence, and how it provides programs that span all age groups. She also noted that the library, at the request of Upper Saucon, formed a “Friends of the Library” group to help with fundraising. Ms. Roosa suggested that the fundraising did not meet all the library’s needs, emphasizing that the $16.800 cut from the local budget and the loss of $15,000 in State funding will impact the library’s services. Ms. Roosa asked that each member of the Board reconsider their position.

Robert Blumenstein, 2255 Augusta Drive – Mr. Blumenstein emphasized that he was a new resident, stating that the library was one of the first things he and his family joined and that the library was instrumental in choosing this area. Mr. Blumenstein asked the members to reconsider the cuts in library funding.

Jerry Trexler, 5696 Bluegrass Trail – Mr. Trexler expressed his disappointment and surprise at the Board’s decision to cut library funding, claiming that he didn’t feel that the Board properly conveyed the message that funds would be severely cutback, claiming that the Board was trying to send some sort of message. Chairman Gutzmirtl responded that the only message being put forth was that the Township had to closely watch its 2010 budget. Mr. Trexler offered to help identify library costs if needed, asking for the Board to reconsider its position on the library funding.

Joanne Herring, 4584 Glasgow Street – Ms. Herring stated that she was a 35-year resident of the Township, and an employee of the Southern Lehigh Public Library. She said she was disappointed at the short sightedness shown by the Board in reducing funding for the library.

Kathie Parsons, 5864 Bluegrass Trail – Ms. Parsons stated that she was a 12-year resident of the Township, and an employee of the Southern Lehigh Public Library. Ms. Parsons thanked the Board for their past support, stating that she appeared before the Board to emphasize the frugalness of the library’s employees, fend off the idea that other cuts could be made, and emphasize that employees use every dollar effectively. She asked that the Board reconsider its spending cut, stating that the library has already shed two employees and the cutbacks may affect her position.

Lynnette Saeger, 5410 Chestnut Hill Road - Ms. Saeger, Director of the Southern Lehigh Public Library, emphasized that local budget cuts will impact State funding, decreasing the State commitment that has already received a cut of $15,000. Ms. Saeger pointed out that Coopersburg Borough, a community serviced by the library, will continue funding at the 2009 level, and that Lower Milford Township increased their library funding by 5%. Ms. Saeger emphasized that Upper Saucon Township’s proposed cuts will result in reduced staff, reduced hours and cuts in children’s programs.

John Jakouboski, 3475 Laurel Lane – Mr. Jakouboski expressed his support for keeping the library’s funding at last year’s level. Chairman Gutzmirtl emphasized that budget expenditures will be reviewed throughout the year, adding that if revenues returned to normal, the library cuts would be reviewed.

Al Cassaday, 5447 Vera Cruz Road - Mr. Cassaday, President of the Library Board, stated that the most important decision was to build a new library and that the library has been an important aspect of the community.

Charles Daniels, 6102 Beverly Hills Drive – Mr. Daniels stated that he is a member of the Library Board and asked the Board to reconsider its library funding cut, suggesting that the library plays a more important role in the community than the Rails-to-Trails Program or some of the open space initiatives. Chairman Gutzmirtl stated that the open space programs are an integral part of the Board of Supervisors planning.

Karen Klutinoty, 4889 Aberdeen Street – Ms. Klutinoty stated that she is a 35-year resident and an employee of the Southern Lehigh Public Library. She said that she and her peers will only receive a 1% salary increase, adding that the library makes judicious use of all its resources, and that many
employees work extra unpaid hours to fulfill the need for more services. Ms. Klutinoty said that in her experience, most of the people using the library are Upper Saucon Township residents.

Jill Hirt, 7727 Carlton Road – Ms. Hirt stated that she is a member of the Library Board. She chastised the Board for not alerting the library to the pending cuts and not offering to meet with the Library Board to address the funding problem. Chairman Gutzmirtl explained that the Library Board was notified as soon as the Board of Supervisors was aware of the cuts.

CHAIRMAN’S REMARKS
In response to the remarks during “Courtesy of the Floor”, Chairman Gutzmirtl emphasized that the Board of Supervisors will continue to be fiscally responsible with the 2010 budget maintaining that the budget is flexible and can be changed as revenues come in during 2010. Chairman Gutzmirtl also suggested that the library cuts represented a $326 per week shortfall suggesting that the library could reduce low traffic hours, increase private donations, and work with the Township on the paper collection effort as options to counteract the cuts. Chairman Gutzmirtl added that the School District has six libraries in operation serving students during and immediately after school.

SUBDIVISIONS & LAND DEVELOPMENTS
North Tree Office Complex – Resolution No. 2009-47
Motion made by Mr. Horvath and seconded by Mr. DeMatos to adopt Resolution No. 2009-47 conditionally approving the Final Land Development Plan of North Tree, LLC, to construct an office complex on 3.9 acres at 5928 Old Bethlehem Pike.

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

MINUTES
Regular Meeting of November 16, 2009
Motion made by Mr. Horvath and seconded by Mr. Gilda to approve the Regular meeting minutes of November 16, 2009.

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

Special Meeting of November 23, 2009
Motion made by Mr. DeMatos and seconded by Mr. Gilda to approve the Special meeting minutes of November 23, 2009.

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

COMMITTEE REPORTS
None

PROPOSED ORDINANCE NO. 50-J
Thomas Dinkelacker, Township Solicitor, introduced a public hearing on proposed Ordinance 50-J, an Ordinance amending the Upper Saucon Township Subdivision and Land Development Ordinance to revise and add procedures for the payment, reimbursement and collection of professional consultant review fees incurred by or on behalf of the Township in the course of land development plan review and in the course of the inspection and approval of public improvements and common amenities and to extend the applicability of such amendment to all pending land development projects presently under review, approval and/or construction.

Solicitor Dinkelacker introduced the following exhibits:

• Exhibit 1:
• Proposed Ordinance No. 50-J
• Review letter from Lehigh Valley Planning Commission
• Review letter from Township Planning Commission
• Email to The Morning Call requesting publication of the public notice
• Public notice summarizing proposed Ordinance No. 50-J prepared by Township Solicitor
• Copy of the public notice published in The Morning Call
• Exhibit 2 – letter from Director of Community Development to Township Planning Commission forwarding proposed Ordinance No. 50-J to Planning Commission for review and comment
• Exhibit 3 – letter from Director of Community Development to Lehigh Valley Planning Commission forwarding proposed Ordinance No. 50-J to Lehigh Valley Planning Commission for review and comment

Solicitor Dinkelacker summarized proposed Ordinance No. 50-J.

There was no additional discussion by the Board or the public on the proposed ordinance. Solicitor Dinkelacker then closed the public hearing.

Motion made by Mr. DeMatos and seconded by Mr. Gilda to adopt Ordinance 50-J amending the Upper Saucon Township Subdivision And Land Development Ordinance to revise and add procedures for the payment, reimbursement and collection of professional consultant review fees incurred by or on behalf of the Township in the course of land development plan review and in the course of the inspection and approval of public improvements and common amenities and to extend the applicability of such amendment to all pending land development projects presently under review, approval and/or construction.

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

RESOLUTIONS
None

MOTIONS
Zoning Agreement – Koopman Property At 3623 Station Avenue
Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve an agreement between the Township and Joshua Koopman resolving various zoning issues related to the use and occupancy of the existing multi-family dwelling located on the property at 3623 Station Avenue.

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

Rails-To-Trails/SEPTA Lease Agreement
Motion made by Mr. Horvath and seconded by Mr. Gilda to approve the Lease Agreement between the Township and the Southeastern Pennsylvania Transportation Authority (SEPTA) which would allow the inactive SEPTA rail line to be converted into a trail for recreational purposes.

The motion was adopted by a vote of 4 to 0

Zoning Agreement – Blair Property At 6655 Passer Road
Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve an agreement between the Township and John and Susan Blair setting forth the terms and conditions under which the Township will refrain from objecting to the Blairs’ request for zoning relief to construct a bank building on the property at 6655 Passer Road. Approval is subject to the Blairs submitting an architectural and building design plan for the proposed bank which is acceptable to the Planning and Zoning Committee.

Chairman Gutzmirtl commented that this commercial property was returned to residential zoning at the neighborhood’s request, but the project proposed by Mr. Blair for a bank building had the full approval of the neighbors, most indicating they felt the project would improve the neighborhood.

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

CORRESPONDENCE AND INFORMATION ITEMS
None

DIRECTION/DISCUSSION ITEMS
Zoning Hearing Board Agenda – December 14, 2009
Mr. Beil introduced the appeal of Christopher and Bridgette Graver who desire to install a shed on their property. The shed would increase the impervious cover on the lot from 22% to 23%. The Zoning Ordinance allows 15%. The Board of Supervisors felt the Zoning Hearing Board should make this determination without input from the Board.

Board of Supervisors 2010 Regular Meeting Schedule
Mr. Beil reviewed the following proposed 2010 meeting schedule with the Board:

UPPER SAUCON TOWNSHIP
BOARD OF SUPERVISORS
2010 REGULAR MEETING SCHEDULE
(All meetings will start at 6:00 pm)

*Note: Special meetings will be scheduled when needed.

It was the consensus of the Board to approve the 2010 meeting schedule as presented by Mr. Beil.

$2,000 Land Preservation Grant Available Through Upper Saucon Township
This item was removed from the discussion items.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid invoice List #12072009, dated 12/04/2009, for $170,147.14
Warrant List #12072009, dated 12/04/2009 for $379,973.01

Motion made by Mr. Horvath and seconded by Mr. Gilda 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
Informal Presentation of Decision Packages
Chairman Gutzmirtl gave a preview look at the decision packages used to develop the budget with emphasis on items not funded. A critical safety issue, battery backup for traffic signals, will remain unfunded for the year 2010. Only one backup was funded for 2010, that being the signal at Passer Road and Route 309. Other critical intersections will require funding in the future. Chairman Gutzmirtl said that major repairs will be necessary for Taylor Drive in the near future.

Snowplowing Agreement for Locust Valley Estates Phase II
Township Solicitor Dinkelacker reviewed the proposed Snowplowing Agreement for Locust Valley Estates Phase II.

Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve the Snowplowing Agreement between the Township and CAP Four, LLC for snow and ice control on Mary Drive and Patrick Lane in the Locust Valley Estates subdivision.

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

COURTESY OF THE FLOOR
Carolyn Lidie, 5480 W. Valley Road – Ms. Lidie questioned the Board on which revenue sources declined. Mr. Beil noted that revenues from the earned income tax and real estate tax have remained stable. Chairman Gutzmirtl added that transfer taxes have dropped significantly. Ms Lidie also questioned whether the Board adopted lifecycle planning, explaining her concept as setting aside funds for projected capital expenditures. Mr. Beil explained that the Township has a 5 year budget which takes into account future capital expenditures.

EXECUTIVE SESSION
None

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

The motion carried by a vote of 4 to 0.

______________________
Secretary