LOWER MILFORD TOWNSHIP

Chairman Richard Harris called the meeting to order at 7:38 p.m. Present were Supervisors Arland Schantz and Donna Wright. Also present were Township Solicitor Emil Kantra, Township Manager Ellen Koplin and approximately 15 others.

MOTION was made by Wright to approve the Board of Supervisors’ February 7, 2007 Workshop Minutes and the Organization and Regular Meeting Minutes of January 2, 2007 with the following changes:

Page 2 – the motion to appoint Keystone Engineers was not unanimous but should state Motion Carried.

Schantz asked if there would be a progress report on Lower Milford’s Emergency Management. Harris stated there will be in the near future.

Schantz also asked if there would be discussion on the Fire Company Command Vehicle’s fuel usage. Harris stated that will be addressed at the March Workshop.

MOTION was made by Wright to accept the Treasurers Report as of January 31, 2007 as follows:

Harris announced an executive session that was held January 25, 2007 concerning possible litigation.

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

Schantz asked if the check sheet could be placed in the Supervisors packet to view prior to the meeting. Koplin affirmed that it would.

Jean Schoch asked if there was an executive session on February 7, 2007. Harris responded that he was attending a Sewer Committee Meeting but no other supervisors were present.

Harris announced the resubmission of the Jennifer Johnson Subdivision – three lots on Glen Road.

Jennifer Johnson read an undated and unsigned statement concerning decisions made by the Planning Commission (PC) preceding the denial of their subdivision.

Attorney Kantra explained to Mrs. Johnson that the PC has the only authority under Lower Milford’s SALDO to waive fees and that Section 513 of the SALDO was not presented for waiver before the Planning Commission by the developer.

Schantz expressed his sympathy to the subdivision applicant (Jennifer Johnson Subdivision) as lifelong residents wanting to protect open space rather than sell to a developer.

Attorney Kantra clarified there is a legal standard with the land development applications that does not distinguish between residents and non-residents as developing landowners.

Harris stated the township has to follow what the law states and cannot take into consideration peoples feelings or friendships.

Harris reminded members of the PC that the Board had asked them to put an ordinance together to clarify road improvement fees. Attorney Kantra stated he drafted an ordinance for the PC but they did not have a consensus to present it to the Board.

Harris explained to Jean Schoch the procedure for having items placed on the PC agenda.

MOTION was made by Schantz to endorse the action of the Planning Commission in acceptance of the Watrous/Nicholas Lot Line Change Final Plan. Wright seconded the motion.

MOTION was made by Schantz to endorse the action of the Planning Commission in acceptance of the Docherty Subdivision Final Plan. Wright seconded the motion.

Lois Gadek commented on the Docherty Subdivision by handing a written statement (see attached) to the Board of Supervisors. Mr. Docherty requested a copy of the statement, which Schantz provided for him. The statement regarded consistency with following the law contained in the SALDO. Unanimous

Lloyd Ohl asked when discussion concerning the EMS study will continue. Harris stated it will take place at the March Workshop and that representatives from the Fire Co. and Ambulance should attend.

Ohl asked if the newsletter could contain an advertisement for volunteer firefighters.

MOTION was made by Wright to adopt Resolution 2007-15 for inclusion into the Lower Milford Agricultural Security Area the property of Russell M. K. Schantzenbach property consisting of 23.5416 acres located in Upper Saucon Township. Schantz seconded the motion.

MOTION was made by Schantz to adopt Resolution 2007-16 for Lower Milford Township to participate in the Lehigh County Congress of Governments. Wright seconded the motion. Unanimous

· A copy of the Southern Lehigh Public Library Board Meeting Minutes of 12/19/06 were made available for the public.

· A copy of the Southern Lehigh Public Library Board Meeting Agenda of 1/16/07 was made available for the public.

· Lower Milford Township Recreation & Open Space Board meeting minutes of 12/5/06 were made available for the public.

· February 2, 2007 letter from the Delaware Riverkeeper concerning Upper Perkiomen stream reclassifications.

· February 10, 2007 letter from Amanda Howatt concerning Girl Scout project selection.

· Schantz submitted a letter dated February 15, 2007 concerning the Facilitation Task Force (see attached). The letter will be forwarded to the Planning Commission.

Lloyd Ohl stated the Southern Lehigh School Board, meeting on 2/26/07 at 7:30 pm, will be enacting the Personal Income Tax, urging folks to attend and voice against it.

Ann Frey asked for an update on the Limeport sewage issue. Harris stated it is in process and will be presented to the public when it is worked out.

TO: Board of Supervisors

FROM: Lois Gadek, Planning Commission Member

February 15, 2007

RE: Docherty Subdivision Preliminary Approval

It is my understanding that you will be reviewing the Plauning Commission's vote to grant the above subdivision Preliminary Approval this evening. I would like to comment on the reason that I did not vote in favor of this motion.

Our ordinance calls for road improvements, and past practice in this and other municipalities provides for a contribution in lieu of improvements when Developer and the Township agree that a contribution is in the best interests of good planning. You will notice that several items have been waived for the Docherty subdivision, and that a substantially smaller amount is used to calculate the amount for the contribution in lieu of amount.

I did not feel that such a small percentage was consistent with past practice and with the requirements of our ordinance, which calls for full improvements. When I raised that concern at the Planing Commission meeting, I was informed by some of the members that since they were considering various versions of minor subdivision, as part of the Planning Commission's work on ordinance updates in light of our membership in the multi-municipal comprehensive plan, that the reduced amount was appropriate.

I am here this evening to state that I feel that the Planning Commission was acting with good intentions but was confused as to what could and could not be done, until the ordinances are officially presented in public hearings and eventually officially approved by the Board of Supervisors.

I am concerned that some people may misinterpret this one vote as setting a precedent that would create expectations in other developers that they too should receive similar relief from the ordinance requirements. I want to clarify for the record that in my opinion and in my 30 years experience with planning policy and procedure in Lower Milford Township, this one vote was not intended to set a precedent and that it should not be considered any more than the result of confusion about what was appropriate during the ordinance updates and revisions.

I am not suggesting that anything be changed in the Docherty subdivision approval motion, since that would not be sensitive to the expectations that Developer has as a .result of the Planning Commission's vote. I simply want to state for the record that this vote was based, in my opinion, on a confused assumption about when changes being discussed could actually be implemented.

Also, I am here only on the Township's behalf and was not authorized by anyone on the Planning Conui1ission, past or present, to make this clarification.

Thank you.

At the last supervisors woIkshop held on Wednesday, February 7, 2007 the creation of a "Facilitation Task Force" was proposed. I did oppose such an idea because it entails not only selecting a small group of planning commission members, but also allowing them to make decisions for the entire Commission. In fact, if one extra planning commission member would happen to visit during any of the meetings being held, it would not only create a quorum for the planning commission, but also become an illegal non advertised meeting.

Accordingly, to prevent the potential for creating a quorum at anyone of its meeting, I am proposing that the planning commission appoint me as the supervisor representative on the Task Force and consequently reduce the possibility for so reproachable a practice. Moreover, since the "main tasks" of the Task Force supposedly will be to coordinate, rather than formulate projects of land use and agricultural enhancement in the Township, I trust that most citizens of the Township would deem it logical to have someone like me-a lifelong landowner farmer, who has remained active in the agricultural community both in a local and national levels -serving them in the aforementioned capacity.

To this end, I am submitting this letter as my official request to be appointed to the Facilitation Task Force. As such, I do request that this letter become a part of tonight's minutes and a copy of it be forwarded to the Planning Commission.