Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, December 8, 2008 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
John E. Gilda, Jr.
Joyce V. White

Participating Via Speakerphone:
Joseph M. Horvath

Members Absent:
Stephen C. Wagner
                       
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn Heater, Director of Community Development
Thomas Dinkelacker, Township Solicitor
Dennis Harman, 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
None

CHAIRMAN’S REMARKS
Chairman Gutzmirtl complimented Mr. Beil and Mr. Kassel on their organization and presentation of the tentative 2009 budget, which was discussed at a special meeting held November 29, 2008. He mentioned that for the 20th year there would be no tax increase by the Township, a point that should be noted given the economic state of the country. The Chairman added he was happy that the Township would be able to cautiously move forward in 2009 with safeguards in place if unexpected shortfalls should occur. In addition, Chairman Gutzmirtl told the Board about a follow-up meeting he had with Tom Gettings, Chairman of the Environmental Advisory Council, regarding the failure of the Earned Income Tax increase for open space and things that could and would be done in a second attempt. Chairman Gutzmirtl was impressed with Chairman Gettings upbeat, positive attitude and willingness to try again.

PUBLIC HEARINGS
Trefoil Properties – Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Trefoil Properties to construct an office complex and perform related improvements on the properties at 3889 and 4000 West Drive. The applicant requests conditional use approval pursuant to Sections 1402, 1404, and 1702 of the Township Zoning Ordinance. The subject properties are zoned ORT-TC: Office Research Technology – Town Center District and are also located within the ESZ: Environmentally Sensitive Zone Overlay.

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

Present on behalf of the applicant was Attorney Erich Schoch, Daniel Witczak, P.E., from Ott Consulting, Inc., and Stephen Jaffe from Trefoil Properties.  Messrs. Witczak and Jaffe gave testimony in support of the applicant’s request for conditional use approval.

Attorney Schoch admitted a copy of the plan in 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 Mrs., White and seconded by Mr. Gilda to approve the Conditional Use Application of Trefoil Properties to construct an office complex and perform related improvements on the properties at 3889 and 4000 West Drive conditioned upon the following:

• Compliance with all five recommendations contained in the November 5, 2008 SAIC review letter; and
• Compliance with the comments and recommendations contained in the October 21, 2008 Schreiter Engineering review letter concerning Sheet 4.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Saucon Valley Country Club – Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Saucon Valley Country Club to construct an addition onto the existing indoor tennis court facility on the property at 2444 Spring Valley Road. The applicant requests conditional use approval pursuant to Sections 502.B.6, 1402, 1404, and 1702 of the Township Zoning Ordinance. The subject property is zoned R-2: Suburban Residential District and is also located in the ESZ: Environmentally Sensitive Zone Overlay.

Attorney Dinkelacker handled the proceedings on behalf of the Township reading into the record exhibits T-1 through T-10.

Present on behalf of the applicant was Attorney Erich Schoch, Daniel Witczak, P.E., from Ott Consulting, Inc., and Gene Mattare, General Manager of the Saucon Valley Country Club.  Messrs. Witczak and Mattare gave testimony in support of the applicant’s request for conditional use approva.

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 Mrs. White and seconded by Mr. Gilda to approval the Conditional Use Application of Saucon Valley Country Club to construct an addition onto the existing indoor tennis court facility on the property at 2444 Spring Valley Road conditioned upon the applicant’s compliance with the recommendations contained in the November 4, 2008 SAIC review letter.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

SUBDIVISIONS AND LAND DEVELOPMENTS
Trefoil Properties – Resolution No. 2008-38
A motion was made by Mrs. White and seconded by Mr. Gilda to adopt Resolution No. 2008-38 conditionally approving the Preliminary Land Development Plan and Conditional Use Application of Trefoil Properties to construct an office complex and related improvements on the properties located at 3889 and 4000 West Drive.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Saucon Valley Country Club – Resolution No. 2008-39
A motion was made by Mr. Gilda and seconded by Mrs. White to adopt Resolution No. 2008-39 conditionally approving the Preliminary and Final Land Development Plans and Conditional Use Application of Saucon Valley Country Club to construct an addition onto the existing indoor tennis court facility at 2444 Spring Valley Road.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Lutron Electronics Company, Inc. – Resolution No. 2008-40
A motion was made by Mrs. White and seconded by Mr. Gilda to adopt Resolution No. 2008-40 conditionally approving the Preliminary and Final land Development Plans of Lutron Electronics, Inc. for the construction of temporary modular buildings on property at 7200 Suter Road.

Mr. Beil explained the modular buildings would be used as temporary office space for new employees while the company’s new office building was being constructed.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

MINUTES
Regular Meeting of November 10, 2008
A motion was made by Mr. Gilda and seconded by Mrs. White to approve the minutes of the November 10, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Request for Payment – Structural Maintenance Systems, Inc. – Certification No. 3
A motion was made by Mr. Gilda and Mrs. White to authorize payment in the amount of $35,835.84 to Structural Maintenance Systems, Inc. for repair work completed on the Secondary Clarifier at the Sewage Treatment Plant.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Request for Payment – C & T Associates – Certification No. 6
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment in the amount of $71,118.90 to C & T Associates, Inc. for work completed on Well No. 2 at the Colonial Crest water supply facility (Contract No. 1 – Mechanical).

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Request for Payment – Kuharchik Construction, Inc. – Certification No. 1
A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment in the amount of $22,880.27 to Kuharchik Construction, Inc. for work completed on the flashing school zone warning signals at Hopewell Elementary School.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Mailbox Encroachment Agreement – Larry Wise – 4495 Old Bethlehem Pike
A motion was made by Mrs. White and seconded by Mr. Gilda to approve the Mailbox Encroachment Agreement with Larry Wise in order to allow the installation of a masonry mailbox structure within a portion of the Township right-of-way of Old Bethlehem Pike and to authorize the Township Manager to execute said Agreement on behalf of the Township.

Chairman Gutzmirtl asked if the agreement could create liability for the Township.

Attorney Dinkelacker replied the agreement would require the property owner to acquire adequate insurance and to hold the Township harmless. Therefore, if a driver were to collide with the structure, the Township could not be held liable if injuries were incurred.

Mr. Beil added it also would ensure the Township would not be held responsible if a snow plow were to damage or destroy the structure.

Mr. Horvath wondered if a structure was built in the right-of-way without an agreement, could the Township be held liable in the same type of situations.

Attorney Dinkelacker believed under appropriate circumstances the Township could be held liable, but felt that staff had been fairly diligent about identifying structures and acquiring an agreement.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Letter from Lehigh County Elections Board – Defeat of Open Space Referendum Question
The Board reviewed a letter from the Lehigh County Elections Board certifying the results of the general election of November 4, 2008. The letter confirmed the Open Space Referendum question was defeated by a vote of 3,532 against and 3,528 in favor. No action was taken on this agenda item.

Correspondence from Lehigh County Association of Township Officials – 2009 Mini-Convention
The Board reviewed correspondence from the Lehigh County Association of Township Officials regarding the 2009 mini-convention to be held January 9, 2009 at the Fogelsville Volunteer Fire Company.

Mrs. White provided a brief summary of the events that usually take place at the mini-convention.

Mr. Beil reminded Board members the deadline to register for the mini-convention was Monday, December 22 and interested members should contact his office.

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – December 15, 2008
Mr. Beil provided the Board with an overview of the two appeals on the agenda. The first was a recreational vehicle that exceeded the length allowed for storage in a residential area. The second appeal was a request for a special exception that would allow the applicant to operate a spiritual retreat.

After a short discussion, the Board decided to allow the Zoning Hearing Board to handle the first appeal. The second, on the other hand, the Board decided by consensus, to send the Township Solicitor to oppose the appeal on behalf of the Township.

BILLS, PAYROLLS, AND COMMISSIONS
Warrant List #12082008 dated 12/05/2008……….$554,268.78

A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment of the Warrant List #12082008 dated 12/05/2008.

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

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
An executive session was held to discuss possible land acquisition.

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

The motion carried unanimously.

                                                                       
Secretary