LOWER MILFORD TOWNSHIP of LEHIGH COUNTY

BOARD OF SUPERVISORS

Thursday,  June 16 , 2005 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 Joan Dreibelbis.  Also present were Township Solicitor Richard Stevens, Township Manager Ellen Koplin and approximately 45 others. 

The Pledge of Allegiance was said by all.

Citizen comments were accepted throughout the meeting.

Regular Business:

The Minutes of May 19, 2005 Board of Supervisors Meeting, June 6, 2005 Special

Meeting, and Board of Supervisors June 8, 2005 Workshop Meeting were approved as read. 

Harris announced Executive Sessions held on May 24, 26, and 31 and June 9, 14, and 15 to conduct interviews, union contract negotiations and review litigation.

Treasurers Report as of  May 31, 2005 was accepted as read:

·         General Fund                                                    $737,216.45

·         Road Projects Fund                                              29,670.62

·         State Liquid Fuels Tax Account                           214,476.29

MOTION was made by Schantz to pay the June, 2005 bills.  Dreibelbis seconded the motion.

Unanimous

Police Business:

Police report for May 2005 was made available to the public.

Road Business:

Road reports for May 2005 were made available to the public.

A progress report on the Schultz Bridge Road Bridge Project was given by Koplin.  Notice to bid will be published the last two weeks of June for acceptance by the Supervisors on July 21, 2005.  Scour repair must be completed by August 31, 2005 and completion of job by the end of November 2005.

Harris announced it will be advertised to accept bids for 1978 JD 401C which will appear in the Morning Call on 7/5/05, to be opened 7/21/05.

Zoning Business:

Zoning report for May 2005 was made available to the public.

Harris mentioned hearings of Geryville Materials, Inc’s. challenge of the Curative Amendment will begin on July 7, 2005.  He said Attorney Sugarman will defend the ordinance and Attorney Fenicle will represent and advise the Board of Supervisors during these hearings.

MOTION was made by Harris to make Richard Kinsey the Zoning and Planning Administrator and Public Works Director to fill the vacancy left by the resignation of Richard Schilling.  Dreibelbis seconded the motion.                                                 Unanimous

Managers Business:

Managers report for May 2005 was made available to the public.

Harris stated Act 537 Sewage Facilities Plan, even though approved by the Board of Supervisors was rejected by the Department of Environmental Protection primarily because there was not yet a written agreement with Upper Saucon Township.  Attorney Kantra will aid in developing that agreement and to facilitate the acceptance of the plan. 

MOTION was made by Dreibelbis to authorize Attorney Emil Kantra to represent Lower Milford Township in the update of the Act 537 Sewage Facilities Plan.  Schantz seconded the motion.

                                                                                                Unanimous

A Resident inquired if there are system issues with Upper Saucon.  Harris explained a meeting with Upper Saucon was necessary to clear up the issue which he heard is the reception of their gravity system to our grinder pump system.

Subdivisions and Land Developments:

            There were no new Subdivisions or Land Developments submitted to the Township.

MOTION was made by Dreibelbis to accept Resolutions 2005-25, 26, 27 and 28 for Deed Dedication of Road Right-of-Way for the Lohr and Stenroos Subdivisions and Resolution 2005-29 accepting a Deed of Easement for Stormwater for the Stenroos Subdivision.  Schantz seconded the motion.                                                                                Unanimous

Village Center Plaza and Residential Development – Final Plan

Extensive discussion took place concerning the Planning Commissions conditions of the Final Subdivision Plan approval for Village Center Plaza & Residential Subdivision, owner, Dennis DeKrane.  Conditional final approval was granted by the Planning Commission on June 6, 2005 contingnt upon engineering items completed, Sewer Enforcement Officer satisfaction, DEP approval of Planning Modules, stormwater improvements and Maintenance agreements.  Dreibelbis was not comfortable granting conditional approval by the Board with this many outstanding items.  Chairman Harris felt an additional condition should be the satisfactory review by the Planning Commission Solicitor.

MOTION was made by Schantz to grant Conditional Final Approval of the Subdivision Plan for Village Center Plaza & Residential Subdivision contingent upon completing all items within the May 31, 2005 letters of Base Engineering, Tim Edinger and  John Kortvely, SEO, approval of PA DEP Sewer planning module and specifically executing the Subdivision Improvement  and Stormwater Best Management practices and Maintenance Agreement and, in addition, having approval by the Planning Commission Solicitor.  Harris seconded the motion.  Dreibelbis abstained.                                                                                Motion carried           

Campbell Subdivision – Final Plan

MOTION was made by Schantz to grant Conditional Final Approval for the Campbell Subdivision (as stated in the June 6, 2005 Planning Commission Minutes) with approval by the Planning Commission Solicitor. Harris seconded the motion. Unanimous

Before voting a resident inquired if this subdivision would also be reviewed by the Planning Commission Solicitor.  The Supervisors agreed to add that to the motion.

Other Business:

MOTION was made by Harris to recommend to the Governor’s Office the appointment of William Roy to the position of Emergency Management Coordinator.  Dreibelbis seconded the motion.                                                                                     Unanimous

Announcements:

·         Fire Co. Carnival – July 13 through July 16 beginning at 4 pm with a parade on Saturday for the Ambulance Corp’s 50^th Anniversary.

There was a clarification made to the Fire Co. update portion of the minutes of the Board of Supervisors meeting of May 19, 2005, by Gary Johns, President of the Lower Milford Fire Co. stating there is no Fire Chief vehicle at present, they are looking into purchasing one through a grant.

·         3^rd Annual Lower Milford Fall Festival – September 24, 2005

Donna Wright presented the Festival Committee Report and a Political Activity Policy as requested the Board of Supervisors requested at a workshop meeting.  The policy is to be enforced by the Festival Committee and not the Township.

Citizen Comments:

Lowell Linde asked Attorney Stevens to explain what a Curative Amendment does.  Stevens briefly explained that it is a challenge of our Zoning Ordinance if it is legal and the Township must then defend it.

Matt Haring had a question on the need for regulated setbacks for cement patios.  At present there is no requirement for them since they are considered landscaping.  Harris suggested he bring the issue before the Planning Commission for their review.

Schoch asked why Dreibelbis abstained from voting on the Village Center subdivision but not the Campbell subdivision.  She asked if there was a conflict of interest.  Dreibelbis stated there was no conflict of interest, it was the magnitude of conditions set on the Village Center approval.

Ann Frey asked the status of Police Chief hiring.  Harris stated the Supervisors have interviewed two final candidates and are in the process of narrowing it down to a final one. 

Frey also inquired about the Union Negotiations.  Harris replied there is good progress being made. 

Lowell Linde expressed his disappointment in what caused the presence of the Union.

Resident asked if the figure for the cost to the Township in litigation of the Gadek case was compiled.  Harris asked Koplin and she replied the approximate total was $8,757.25. 

Harris adjourned the meeting at 8:40 pm.