LOWER MILFORD TOWNSHIP of LEHIGH COUNTY

BOARD OF SUPERVISORS

Thursday, October 19, 2006 at 7:30 p.m.

MINUTES

Chairman Richard Harris called the meeting to order at 7:31 p.m.  Present were Supervisors Arland Schantz and Donna Wright.  Also present were Township Solicitor Emil Kantra, Township Manager Ellen Koplin and approximately 20 others. 

The Pledge of Allegiance was said by all.

Citizen comments were accepted throughout the meeting.

Regular Business:

MOTION was made by Wright to approve the minutes of the September 21, 2006 Board of Supervisors Regular Meeting and October 11, 2006 Board of Supervisor Workshop Meeting.   Schantz seconded the motion.                                                     Unanimous

Jean Schoch asked why the Supervisors did not approve the minutes of the August 24, 2006 meeting of the Planning Commission.  It was not advertised as a joint meeting and the Board of Supervisors were not required to take minutes.

Treasurers Report as of September 30, 2006 was accepted as read:

·         General Fund                                                    $          643,858.00                   

·         Capital Reserve Fund                                                      61,792.00 

·         Road Projects Fund                                                       279,461.00

·         State Liquid Fuels Tax Account                                      168,151.00

·         Wright announced the receipt, on September 25, 2006, of the Commonwealth of PA 2006 Municipal Pension State Aid in the amount of $8,764.28 and 2006 Commonwealth Allocation for the Volunteer Fire Relief Association in the amount of $29,667.14.

·         Koplin reviewed the status of research by the Township Treasurer reviewing records back to 2002 with the Earned Income Tax Office (EIT). $46,000 was recouped for EIT which was not credited to the proper township.  She stated that the EIT office will be going back to the year 2000 through computer records which were provided by the Township and the Township Treasurer will be reviewing the paper records of 1999, if legally possible, to see if it is worth going back further.  Kantra stated EIT’s legal council is checking to see if the Statute of Limitations applies. 

MOTION was made by Schantz to pay the October bills.  Wright seconded the motion.

Unanimous

Police Business:

The Police Report was made available to the public.

Later in the meeting Police Chief John Dondero gave an update report on the months police activities. 

Public Works Business:

The Public Works Report was made available to the public.

MOTION was made by Schantz to accept the snow removal contract with D & D Maintenance.  Wright seconded the motion.                                                        Unanimous

Zoning Business:

The Zoning Report was made available to the public.

Harris explained a Zoning Hearing Appeal application recieved by Geryville Materials, Inc. involving procedural challenge of the Zoning and Subdivision and Land Development Ordinances. This is separate from the other challenges by Geryville Materials, Inc. involving the Township.

MOTION was made by Wright to authorize the Solicitor to appear before the Zoning Hearing Board.  Schantz seconded the motion.                                         Unanimous

Attorney Kantra assured that he consulted with Attorney Linus Fennicle, and it would not pose a problem with the Curative Amendment Hearings.

Manager’s Business:

Manager’s report was made available to the public.

Subdivisions/Land Developments:

            There were no new Subdivisions or Land Developments and no action to take.

Fire Company Report:

Harris congratulated John Fitzle who was sworn in on September 25, 2006 as a new Fire Police Officer. 

Ken Knapp, Vice President of the Fire Company, stated he coordinated patrolling for Trick or Treat night with Police Chief Dondero.  They will be doing traffic control for the Emmaus and Macungie Halloween Parade(s).

Festival Report:

Wright gave an ending financial report of the Fall Festival.  She stated the Silent Auction earned $1,000 toward the Veterans Memorial and $1,031.25 for the Fire Company which she asked Mr. Knapp to accept.  She recognized the volunteers and Festival Committee members.  Shirley Selgrath gave a donation check of $150 from the Lower Milford Residents Association toward Festival expenses. 

Public Hearing – Agricultural Security Area

MOTION was made by Schantz to accept Resolution 2006-35 additions to the Agricultural Security Area applications for Annette F. Bechtel and Daniel W. VanHoudt.  Wright seconded the motion.                                                                           Unanimous

Other Business:

MOTION was made by Wright to adopt Resolution 2006-36 Adopting the Hazard Mitigation Plan Lehigh Valley.   Schantz seconded the motion.                 Unanimous

Kantra stated by adopting the plan it entitles the Township to obtain Federal relief.  It does not contain financial obligations.

MOTION was made by Wright to adopt Resolution 2006-37 Determination of Zoning Ordinance Consistency with the Southwestern Lehigh County Comprehensive Plan.  Schantz seconded the motion.                                                                                                Unanimous

Attorney Kantra will be sending a letter to the other municipalities involved in the Southwestern Lehigh County Comprehensive Plan urging them to adopt a similar resolution. 

Schantz explained that Joan Dreibelbis attended a Southern Lehigh Public Library Board meeting as a guest and is interested in being appointed to that board as a representative of Lower Milford Township and providing reports of the meetings.

MOTION was made by Schantz to appoint Joan Dreibelbis to the Southern Lehigh Public Library Board.  Wright seconded the motion.                            

A copy of the bylaws of the Southern Lehigh Public Library Board was not available to search for a specific term.

Schantz amended the motion to read:

MOTION was made by Schantz to appoint Joan Dreibelbis to the Southern Lehigh Public Library Board until the January 2, 2007 Board of Supervisors Organization Meeting.  Wright seconded the motion.                                                                                                Unanimous

Correspondence:

The following were made available for public viewing on the rear table:

§    The Southern Lehigh Living Memorial Community Park 9/19 /06 Meeting Minutes

§    The Southern Lehigh Public Library Board Meeting Agenda of 10/17/06

§    The Lower Milford Township Recreation & Open Space Board meeting minutes of 9/5/06

Other Correspondence:

§    PA Turnpike Commission asked that they be informed of any land use applications that may encroach in their right-of-way.

§    A thank you letter from the District Attorney’s Office for the Township’s contribution to Child Abuse Investigation.

§    A letter from the Commonwealth of PA stating the State Liquid Fuels estimate for 2007 - $151,380.73

Citizen Comments:

Martin Selgrath asked for an explaination of the Geryville Materials challenge. 

Ann Frey asked what is to be gained for Geryville.  Attorney Kantra stated if they win, the land use ordinances for Lower Milford will be void and invalid.  He explained to Lowell Linde that it will not be as involved, costly or lengthy as the Curative Amendments hearings.

Lois Gadek asked if the petition filed by Geryville Materials, Inc. gave any factual basis for their suspicion or is it a fishing expedition.  Attorney Kantra agreed that it is more or less a fishing expedition.   They filed a record request along with the Zoning Hearing Appeal.  He stated he is researching who would hold the burden of proof. 

Harris adjourned the meeting at 8:45 pm.

                                                                                    Respectfully submitted,

                                                                                    Ellen L. Koplin

                                                                                    Township Secretary