Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, December 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
Sharyn Yeakel, Director of Community Development
Jeffrey Dimmich, Township Solicitor
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
Public Comment is summarized as follows:

Rick Frable – 6241 Winding Road – Mr. Frable expressed concerns about the lawsuit filed against the Township by McGrath Homes.  Mr. Frable said he was in attendance at the previous Board of Supervisors meeting and was not given adequate time to voice his concerns and he did not believe his questions were adequately answered by the Board.  He asked for the amount of the lawsuit filed against the Township by McGrath Homes.

Attorney Dimmich said McGrath had filed an unusually large lawsuit in the hopes of obtaining a considerable settlement.

Mr. Frable was upset that taxpayers would have to foot the bill for the Township’s legal defense and any potential settlement or decision against the Township.

Attorney Dimmich responded the case was being handled by the Township’s insurance carrier.
Mr. Wagner called for a point of order saying Mr. Frable had exceeded the three minute time limit for public comment.

Chairman Gutzmirtl asked Mr. Frable if he had any new remarks, since he was merely repeating the same comments he made at the last meeting.

Mr. Frable asked who would pay if the Township was found liable for the full $30 Million Dollar lawsuit.

Chairman Gutzmirtl, in turn, asked Mr. Frable how he proposed the issue be settled.

Mr. Frable believed the Township should just give McGrath Homes what it wants so the lawsuit would be withdrawn.

Robert Ashford – Bethlehem – Mr. Ashford was from the bank financing the loans held by McGrath Homes for the Locust Valley development project. Mr. Ashford wanted to know if a trial date had been set and if any negotiations had taken place between the parties involved.

Attorney Dimmich replied no trial date had been set and negotiations were out of the Township’s control since the matter was being handled by the Township’s insurance carrier.

Duane Wetzel – 5100 Locust Valley Road – Mr. Wetzel inquired about the Township’s insurance coverage in relation to the McGrath Homes lawsuit and who would pay for any monies awarded that exceed that coverage.

Attorney Dimmich responded to Mr. Wetzel’s questions.  Attorney Dimmich said the lawsuit was frivolous and would most likely be dismissed.
 
Mr. Wetzel said it would only be a matter of time before the land was developed, and he would like to see the Township and McGrath resolve their issues to the benefit of the residents.

Eric Wilson – 5451 Locust Valley Road – Mr. Wilson was concerned about what would happen if the Township loses the lawsuit and the amount awarded to McGrath exceeded the Township’s insurance coverage. He wanted to know who would subsidize the additional cost.

Attorney Dimmich said it would depend on the type of decision rendered, but it was possible for the additional cost to be passed on to taxpayers. He noted, however, it was highly unlikely the Township would lose the suit since it had fully complied with the process for reviewing and denying McGrath’s plan.

Mrs. White voiced her displeasure with the direction the Township was headed saying if she had support from her fellow Board members, she would gladly change the course. She added it was her position that officials should make an effort to work with anyone looking to invest money in the Township.

Mr. Wagner was not sure that Mrs. White should share her opinion because it could prejudice the cases against both the Township and the individuals being sued.

Attorney Dimmich said he did not feel any Board member should comment at anytime on litigation because of the potential harm to the Township. On the other hand, he said, he could not prohibit anyone from speaking if they choose to do so.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl spoke about the importance of volunteering.  He mentioned the recent Township Newsletter which highlighted various volunteer organizations and opportunities. He stressed the need for volunteers in the fire department and encouraged the public to volunteer not only for the fire company, but for the library and the Township’s Boards and Commissions.

PUBLIC HEARINGS
Upper Saucon Township (Oberly Minor Subdivision) Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Upper Saucon Township (Oberly Minor Subdivision) to construct a sewage pump station and other related improvements on 1.4± acres located at 1441 Spring Valley Road. The applicant requests Conditional Use approval pursuant to Sections 1402, 1403, and 1702 of the Township Zoning Ordinance. The subject property is zoned Rural Residential (R-1) and is located in the Environmentally Sensitive Zone (ESZ) Overlay.

Attorney Dimmich read Exhibits T-1 through T-7 into the record.

The Township’s Sewer Engineer, Karl E. Schreiter, Jr., was present on behalf of the applicant.  Mr. Schreiter gave testimony in support of the applicant’s request for conditional use approval.

Paul Madiara of 1515 Spring Valley Road was the only member of the public that asked a question which was promptly answered by Attorney Dimmich.

A motion was made by Mr. Wagner and seconded by Mrs. White to approve the Conditional Use Application of Upper Saucon Township (Oberly Minor Subdivision) for the construction of a sewage pump station and other related improvements on 1.4± acres located at 1441 Spring Valley Road.

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.

DeLuca Enterprises (Fox Run Residential Subdivision) Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of DeLuca Enterprises to consolidate four existing parcels for the development of 166 single family detached dwellings (singles), 104 single family attached dwellings (townhouses), and a Neighborhood Convenience Center on 89.64± acres located south of the Center Valley Golf Club and bounded by Route 309 to the west and East Valley Road to the east. The applicant requests Conditional Use approval pursuant to Sections 1402, 1403, and 1702 of the Township Zoning Ordinance. Portions of the property are zoned Industrial (I) and are located in the Environmentally Sensitive Zone (ESZ) and Age Qualified Community (AQC) overlays, while other portions are zoned Commercial (C) and are located in the Environmentally Sensitive Zone (ESZ) Overlay.

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

Present on behalf of DeLuca Enterprises was Attorney Edward Murphy and Scott McMackin of Cowan Associates, Inc. Attorney Murphy submitted for the record Exhibits A1; a full set of the plans, A-2; Mr. McMackin’s professional profile, and A-3; a SAIC letter containing comments regarding its most recent review of the environmental assessment report.

Attorney Bill Bolla, who represented Rod and Judy Chirumbolo of 3514 Courtney Drive, wished to be recognized.  Attorney Bolla said he and his clients were not opposed to the project, but merely interested in its compliance with SALDO.

Mr. McMackin gave testimony in support of the applicant’s request for conditional use approval.

A motion was made by Mr. Wagner and seconded by Mr. Horvath to approve the Conditional Use Application of DeLuca Enterprises to consolidate four existing parcels for the development of 166 single family detached dwellings (singles), 104 single family attached dwellings (townhouses), and a Neighborhood Convenience Center on 89.64± acres located south of the Center Valley Golf Club and bounded by Route 309 to the west and East Valley Road to the east conditioned upon the following:

• Satisfaction of comments 1, 3, 4, and 5 contained in the August 24, 2007 SAIC review letter; and
• Satisfaction of all comments contained in any subsequent SAIC review letters.

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.

SUBDIVISIONS AND LAND DEVELOPMENTS
Fox Run Subdivision – Resolution No. 2007-53
A motion was made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2007-53 conditionally approving the Preliminary Land Development Plan and Conditional Use Application of DeLuca Enterprises to consolidate four existing parcels for the development of 166 single family detached dwellings (singles), 104 single family attached dwellings (townhouses), and a Neighborhood Convenience Center on 89.64± acres located south of the Center Valley Golf Club and bounded by Route 309 to the west and East Valley Road.

Mr. McMackin briefly described the proposed project.

Attorney Dinkelacker believed two waivers were necessary for the ‘eyebrow’ street designs and the separation distance between two offsetting streets. He said two other waivers initially thought to be necessary, were not.

Mr. Harman and Ms. Yeakel both agreed.

There was a brief exchange between Attorney Bolla and Mr. McMackin regarding the waivers and the undeveloped land shown on the plan with clarifying comments interjected by Attorney Dinkelacker.

A lengthy discussion then took place involving Supervisors, Attorney Dimmich, Mr. Harman, and Mr. McMackin concerning access to and across Route 309, the traffic study relating to the area in question, design, layout, and construction of the connector road, as well as the developer’s back-up plans if PennDOT rejected their Route 309 access request. The conversation also included the proposed buffer zones, sidewalks, and walking trails.

Mr. McMackin pointed out the efforts being made by the developer to aid in mitigating the  current drainage and runoff issues in the area. He said three main storm water management basins were being proposed; two for the development and one for regional water collection that would span over five acres.

Attorney Bolla reiterated he and his clients were not opposed to the development, but that they did not appreciate the connector road because people would use it as a shortcut. Furthermore, they were strongly opposed to the connector road creating an access across East Valley Road to Courtney Drive. Attorney Bolla asked that the connector road be moved to offset it from Courtney Drive, which he said would discourage drivers from using Courtney Drive as a thruway. He also claimed it would increase safety at the intersections, since fewer accidents occur at “T” intersections than cross streets.

Attorney Dimmich cautioned the Township could be held responsible if they facilitated an offset that created a dangerous condition, as it could in this situation.

Attorney Bolla spoke in opposition to the connector road and requested that alternatives to the connector road be considered at the time of final plan review.

James Dickey - 3475 Courtney Drive - Mr. Dickey said the plan would have an impact beyond its boundaries causing safety issues for the surrounding communities.

Bob Tettemer - Glen Road – Mr. Tettemer mentioned that the proposed commercial component was previously a gas station.

Chairman Gutzmirtl said the State will require certain clean up standards be met before the plan could move forward.

Jeff Crandall - 3548 Sunnyside Lane -  Mr. Crandall commented on “T” intersections being safer than cross street intersections saying he obtained records from the Township’s police department that support the claim. He further commented that the residents of the Courtney Drive neighborhood are only asking for the offset to avoid people traveling through their development. Otherwise, they feel they are being sacrificed to convenience the rest of the Township. He also feared the more direct connection to Route 309 from their development would tempt criminals to prey on their neighborhood.

Cliff Piel – 4825 Lexington Court – Mr. Piel asked about a contradiction in comments made earlier by Chairman Gutzmirtl about the connector road, which Chairman Gutzmirtl clarified.  Mr. Piel also pointed out there was a difference between a cut-through road and a connector road and it did not make sense to have a three lane connector road that intersects with a single-lane entrance into a development.

A discussion ensued concerning the traffic study justifying the connector road.
 
Jason Kaplan – 3428 Courtney Drive – Mr. Kaplan had questions about the traffic study used to justify the connector road. 

Mr. Harman addressed Mr. Kaplan’s questions.

Dean Nelson - 3525 Sunnyside Road – Mr. Nelson said traffic flow should take a back seat to safety. He added if Supervisors took a drive through the development during the times when kids were boarding and being let off the bus, they would see what additional traffic cutting through the development could mean for safety.

Robert F. Bower - President of Stabler Land Company – Mr. Bower reminded the Township that he could have sold the property to some entity that would have developed the land to look like Route 100, but that he chose DeLuca instead because they were one of the best developers with which he had ever done business. Mr. Bower urged the Board to take action on the plan saying his company had signed their contract with DeLuca in November 2003, and frankly, was surprised that they were still here.

A short conversation ensued, where ways to discourage traffic from using Courtney Drive as a short cut were discussed.

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

Chairman Gutzmirtl: Yes          
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: No
Mrs. White: No

The motion carried by a vote of 3 to 2.

FIVE MINUTE RECESS
The Board took a brief recess before moving on to the remainder of the agenda items.

Fox Run Subdivision – Resolution No. 2007-54
A motion was made by Mr. White and seconded by Mr. Wagner to adopt Resolution No. 2007-54 approving the Sewage Facilities Planning Module for the Fox Run Subdivision and authorizing the submission of the same to the PA Department of Environmental Protection for final review and approval.

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 June 11, 2007
A motion was made by Mrs. White and seconded by Mr. Horvath to approve the minutes of the June 11, 2007 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

Regular Meeting of June 26, 2007
A motion was made by Mr. White and seconded by Mr. Horvath to approve the minutes of the June 26, 2007 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0 with 1 abstention by Mr. Wagner.

COMMITTEE REPORTS
None

ORDINANCES
Ordinance No. 134-A – Local Services Tax
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt proposed Ordinance No. 134-A imposing a Local Services Tax in the amount of $47.00 upon all individuals engaged in any occupation, trade, or profession within the Township limits.

Mr. Wagner asked if any changes were made to the legislation governing the tax.

Mr. Beil responded the method for collection of the tax had changed and the minimum income threshold had been increased from $7,500 to $12,000.

The motion carried by a vote of 5 to 0.

RESOLUTIONS
None

MOTIONS
Purchase of a Conservation Easement for 3181 Chestnut Hill Road
A motion was made by Mr. White and seconded by Mr. Wagner to approve the purchase of a conservation easement for the 10.4962± acre property located at 3191 Chestnut Hill Road (PIN #640449460356 1), otherwise known as the Hersh Property, for $31,000.00 and to authorize the Township Manager to execute the necessary documents to carry out the purchase of said easement.

Attorney Dimmich pointed out the conservation easement would be noted on the property’s deed, while Mr. Beil mentioned the Township’s Environmental Advisory Council had recommended the purchase of the easement.

The motion carried by a vote of 5 to 0.

Release of Funds – Orleans Homebuilders (Liberty Village) – Certification No. S-1
A motion was made by Mr. Horvath can seconded by Mr. Wagner to authorize the release of construction security in the amount of $246,739.18 for the Liberty Village Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated September 19, 2007.

The motion carried by a vote of 5 to 0.

Request for Payment – Barry J. Hoffman Company, Inc. – Certification No. 5
A motion was made by Mrs. White and seconded by Mr. Wagner to authorize final payment in the amount of $9,310.00 to Barry J. Hoffman Company, Inc., for work completed on the installation of a new emergency generator at the Wastewater Treatment Plant.

The motion carried by a vote of 5 to 0.

Condemnation Settlement Agreement – Haring Property – 7468 Passer Road
A motion was made by Mr. Horvath and seconded by Mr. Wagner to approve the settlement agreement with Charles Haring resolving various issues related the Township’s condemnation of the Haring Property at 7468 Passer Road.

The motion carried by a vote of 4 to 1 with Mr. White voting “no.”

CORRESPONDENCE AND INFORMATIONAL ITEMS
Correspondence from the Lehigh County Association of Township Officials
Mr. Beil reviewed a letter from the Lehigh County Association of Township Officials concerning the 2007 Mini-Convention to be held on January 11, 2008 at the Fogelsville Volunteer Fire Company. He told the Board if anyone was interested in attending they must contact his secretary before December 21, 2007.

DIRECTION / DISCUSSION ITEMS
Installation of Guide Rail Along Mill Road in the Vicinity of Eichler Circle
Mr. Beil updated the Board on the proposal to install guide rail along Mill Road in the vicinity of Eichler Circle. 
 
New Tot Lot on South Side of Park
The consensus of the Board was to move forward with the construction of a new tot lot on the south side of the park in the location recommended by the Township staff.

Zoning Hearing Board Agenda – December 17, 2007
Ms. Yeakel briefly reviewed the four items on the December 17, 2007 Zoning Hearing Board Agenda.

Supervisors decided by consensus not to intervene on any of the matters.

PRESENTATIONS
Lehigh County Drug Task Force – Robert Coyle, Upper Saucon Township Chief of Police, James Martin, Lehigh County District Attorney, Steven Luksa, Lehigh County First Assistant District Attorney and Joseph Stauffer, Chief Detective, Lehigh County Drug Task Force
Police Chief Robert Coyle was requesting authorization to assign a new officer to the Lehigh County Drug Task Force, since the officer involved with the program in the past had left the force. He introduced James Martin, Lehigh County District Attorney and Steven Luksa, Lehigh County First Assistant District Attorney.

Attorney Luksa then proceeded with his presentation to the Board, which outlined the role of Allentown in regional drug distribution and gang affiliation and its effects on the surrounding communities and detailed the benefits of having an Upper Saucon Township Police Officer involved in the task force.

Mr. Horvath asked if there were specific numbers Attorney Luksa could offer for the drug and gang-related police actions in the Township.

Attorney Luksa said the number of occurrences could not really provide an accurate picture, since the task force operated proactively, not reactively.

Mr. Joseph Stauffer, Chief Detective, Lehigh County Drug Task Force, said he could provide the Board with the figures from when the last officer was involved with the task force.

Attorney Luksa continued his presentation by explaining the different effects brought on by a uniformed presence versus an undercover officer and the risks and safety issues associated with each.

District Attorney Martin addressed the issue of cost for inclusion in the program. While it does cost the Township to participate, he said they would gain a better-trained officer, as well as possible monetary allocations from forfeiture funds related to cases in which their officer was involved.

Chief Coyle reminded the Board he would not recommend participation in the program if he did not have enough manpower.

The Board decided to revisit the matter at the next meeting.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #12102007 dated 12/07/2007…………$913,622.84
Warrant List #12102007 dated 12/07/2007…………………$621,628.03

A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment of the Prepaid Invoice List and Warrant List #12102007 dated 12/07/2007.

Mr. White pointed out the reimbursable amount versus actual cost to the Township with regards to the invoices paid to the Township’s engineering firm, The Pidcock Company.

Mr. Wagner had a question about one invoice, which was promptly answered by Mr. Schreiter, the Township’s Sewer Engineer.

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.

ADDITIONAL BUSINESS
Mr. Harman noted that the Township received approval from the PA Department of Environmental Protection for the development of a new water supply well at the Colonial Crest subdivision.
 
COURTESY OF THE FLOOR
None

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

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary