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LOWER MILFORD TOWNSHIP LEHIGH COUNTY BOARD OF SUPERVISORS Thursday, August 16, 2007 MINUTES
Chairman Richard Harris called the meeting to order at 7:30 p.m. Present were Supervisors Arland Schantz and Donna Wright. Also present were Township Solicitor Emil Kantra; Cheryleen Strothers, Cowan Associates; Township Manager Ellen Koplin; Twp. Treasurer, Maureen Kinney; Police Chief John Dondero and approximately 65 others.
The Pledge of Allegiance was recited.
Citizen comments were accepted throughout the meeting.
Regular Business: MOTION was made by Wright to approve the minutes of July 19, 2007 Regular Meeting and minutes of August 8, 2007 Workshop Meeting. Schantz seconded the motion with the revision to the August 8 minutes striking the last portion of the last sentence of the second bulleted portion stating: but will become necessary in order to prevent the necessity of a township wide sewage system. Unanimous
MOTION was made by Wright to approve the minutes of the July 5, 2007 Limeport Sewage Meeting. Schantz read a statement (attached) in essence that citizen comments from the July 5 meeting along with the roster, his statement and tonight’s comments on Act 537 be included in the official submission to DEP. Lowell Linde read a statement, which he requested be part of the record (attached). MOTION was amended to include that the July 5, 2007 meeting minutes and roster from that meeting be part of the official Act 537 Plan submission to DEP. Schantz seconded the motion. Unanimous
MOTION was made by Schantz to approve the minutes of the July 17, 2007 Public Hearing with a correction to the second last paragraph to strike the portion August 9, 2007 and replace with for a 30 day period. Wright seconded the motion. Unanimous
Harris announced executive sessions held on July 24, 2007 and August 14, 2007 for the purpose of Union Negotiations.
MOTION was made by Schantz to accept the Treasurers Report as of July 31, 2007 as follows: · General Fund $674,347.00 · Capital Reserve Fund 64,640.00 · Road Projects Fund 296,789.00 · State Liquid Fuels Tax Account 169,132.00 · Developer Escrows (Non Twp. Funds) 91,979.84 Wright seconded the motion. Unanimous
MOTION was made by Schantz to pay the June bills. Wright seconded the motion. Unanimous
Police Business: The Police Reports were made available to the public.
Public Works Business: The Public Works Report was made available to the public.
Zoning Business: The Zoning Report was made available to the public.
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 due.
Fire Co. Report: Lloyd Ohl mentioned the start of their Spaghetti and Pork Dinners in September and the need for volunteers.
Old Business: MOTION was made by Wright to enact Resolution 2007-23 adopting the Act 537 Sewage Facilities Plan Update last revised 8/16/07. Schantz seconded the motion. Strothers gave an overview of the Limeport sewage plan including the costs involved and funding. She explained the Sewage Management Ordinance, which is mandated by DEP, to be addressed in the Act 537 Update. Harris reiterated the residents’ responsibility for hook-up.
Pouran Esrafily said she researched the proposed system and found it requires a lot of maintenance at a high cost. She said the grinder pumps are not made to last and have many problems. The pumps cost $3,600 at this time and more later and would need to be replaced a couple of times in a 30-year period. She felt the cost of connecting the pump to the house should have been estimated. She estimated it would cost $3,000-$5,000 to hook-up. Strothers said the cost of replacing the grinder pump would not be the responsibility of the resident. She said the $800/year 5 year cap which the residents would pay, would include pump replacement and there is also insurance, to extend the warranty of the pumps. Harris said if the resident placed something into the system that destroyed the pump then the resident would be responsible for the cost of replacement. Ms. Esrafily said that costs look better than before. She met with U.S. Senator Arlen Specter on 8/9, explained the situation in Limeport and proposed a matching fund grant. To obtain a matching $1M in federal funds would help offset the cost to the Limeport residents. She said she has doubts about the system and asked the board to take a pause and reevaluate the options. She mentioned a community in Massachusetts that has the same system. Harris stated it is the least costly of all the systems including the maintenance. There are fewer motors to maintain. He agreed there would be maintenance involved but that it would not be as expensive as other systems. The grinder pumps have improved in quality in more recent years. Ms. Esrafily asked if some would qualify for exemption if their septic system is in good working order.
Koplin reviewed the contacts she has made to seek grant monies for the project. She spoke with Senator Arlen Specters’ and Representative Charles Dents’ offices and will be meeting with them in January, at which time the 2009 appropriations discussions will begin. She will be meeting with state Representative Karen Beyer and has also spoken with Lehigh County Department of Community Affairs who will help put together a survey to the Limeport residents and anyone with qualifying income will receive assistance with their connection expenses.
Ted Zapach asked for clarity on exemption and on the requirement of distance from the line for hook-up. Attorney Kantra said he thinks the distance is 100 feet. There needs to be a certain number of users to make it economically feasible for those serviced by the system. Jean Schoch said she thinks DEP requires everyone to hook-up within the required distance. She thought the distance was 200 feet. She stated she did not hear of the $800/yr. cap in previous meetings as a definite amount. Harris said DEP requires the fee not be excessive or unaffordable. Strothers said there was a prior proposal that was determined to be unaffordable by DEP. Ed Matulevicious questioned the pumping/inspection schedule. Kantra said it is an either or situation which the township has to come up with a plan for. He said the DEP regulations are identical to the state statute. Either a mandatory inspection or pumping schedule or both. Matulevicious said the grinder system according to EPA is a good system as compared to the gravity flow system. He asked where the money comes from, that would not be supplied by the residents, to install the system. Strothers said the cost included in the Act 537 anticipated no tapping fees. That money would offset the cost to the township. There was a 30-year spreadsheet done where general funds ran out in 28 years. That did not include the additional 31 EDU users. Matulevicious asked more about the long-term costs and why the residents have to pay maintenance fees over 30 years of time. Strothers offered to show him the spreadsheet. He asked who would be doing the periodic inspections. Strothers said that needs to be determined. The current township staff would be able to perform the task. He asked if the recirculating sand filter was multi-compartmental. Strothers said it was. He asked if all 109 units would be hooked up at once. Strothers said the piping would be in place but not all the pumps until some of the properties are developed.
Barry Skoras questioned the initial users paying the tap in fees. Will future users have to pay the tap in fees. Strothers said yes and it may cause the user fees to drop. He objected to sharing the cost of an oversized system. He also questioned his need to connect and what would be required to abandon his sand mound system. Skoras asked if the system would impact ground water since it is being discharged to the creek. He recollected the groundwater problems in the area when the fish hatchery was operating. Strothers said the system is designed for a maximum of 35,000 gpd.
Sandra Schaffer, Secretary for the Limeport Stadium questioned whether the system would generate odors. Strothers described the system as similar to a large sand mound system with no open tanks, does not give off odor. Schaffer also asked about land acquisition for the system. The Township will be negotiating with the landowner.
Mr. Hoff of Beverly Hills said his recollection of the fish hatchery was about 1 to 1-1/2 million gpd were being withdrawn. He thinks the 31 properties should pay now. Atty. Kantra explained that a tapping fee cannot be charged until a property connects.
William McGonigal asked if someone can buy the extra EDUs. Kantra said it can be written into the ordinance but would only be available to properties in the service area.
Ann Frey asked if eminent domain can be used for easements and wanted the regulations for hook-up re-explained. She asked if the provision for on-site inspections could be dealt with in the management ordinance instead of in the plan.
Strothers indicated that the on-site inspections were referenced in the Plan Summary at Chapter 9. Reference to on-site inspections could be dealt with when writing the management ordinance.
Theodore Zapach said he attended the 7/26 meeting of Upper Saucon Township and the trunk line extension is still in their Act 537 plan. He referenced his hydro study submitted at the time of his Church View Estates subdivision.
Schantz read a prepared statement why he would not vote to approve the plan (attached).
Harris indicated that a lot of time and effort went into developing the plan, seeking the most cost effective sewage treatment system for the residents of Limeport.
Wright said the plan has ramifications for everyone. There is a health issue in Limeport and as far as getting a second opinion, DEP will be reviewing the entire submission.
Schantz indicated that he is not against sewage in Limeport, just this plan.
Motion on the floor by Wright to approve the Act 537 Plan with the change to strike references to on-site inspections and include the minutes and sign-in sheets of 7/5/07, 7/15/07, comments of 8/16/07, and Schantz’s statements with the plan. 2 Ayes 1 Nay - Motion Carries
Harris invited the Fire Company members to come up to the microphone to discuss the creation of an Emergency Services Advisory Committee.
Rich DeFiore, Fire Chief felt the committee was being developed only to write grants. They currently have a committee: Schantz (Twp. Liaison), Fire Chief, Ambulance Captain. He questioned the minutes from the February Supervisors workshop meeting not referencing the presentation by Ed Moreland, Director, Eastern PA EMS.
Harris responded that he thought that item was referenced in the minutes.
DeFiore indicated that he wasted his time and thinks the new committee would be a waste.
Fire Company representatives were concerned that the committee would be focusing on the fire company organization and administration.
Harris stated that the advisory committee is for the benefit of all emergency services for the township. The Supervisors are not receiving any information concerning the needs of the fire company or what is happening. The advisory committee can gather information from all the emergency entities that the supervisors need to service our community.
Lois Gadek apologized for suggesting the advisory committee and causing such confusion. Her intentions for the committee were good. She recollected meeting with the fire and ambulance while working on the township’s comprehensive plan. The responsibility of the emergency services is enormous.
DeFiore indicated that the function of the Emergency Services Advisory Committee was not presented as explained by Harris and he is in favor of it.
Harris suggested the fire company members go back and discuss who will represent them on the committee.
Schantz said in his defense that nobody was interested in his fire company reports.
Ken Knapp asked if the township could adopt an ordinance regulating street address numbers or update the one we have.
Stenroos Subdivision – Motion: Upon receipt and approval by Township Engineer of as-built plans, 85% of the subdivision improvements escrow may be returned, retaining 15% for the maintenance period.
UNANIMOUS
Atty. Kantra explained that the township needed to file the intervention in the appeal of Geryville Materials Procedural challenge. Motion to ratify the solicitor’s filing of intervention in the appeal of Geryville Materials Procedural challenge. UNANIMOUS
Public Hearing to consider property of William S. Urmy and Ralph B. Urmy for inclusion in the Lower Milford Agricultural Security area.
Motion by Schantz to accept the 53.18 acre property of William S. Urmy and Ralph B. Urmy, located in Upper Saucon Twp., in the Lower Milford Agricultural Security Area. Seconded by Donna Wright and questioned why only two members of the Agricultural Advisory Board signed the action on the Urmy application. Only two members in attendance.
UNANIMOUS
Request by Koplin to hire a seasonal, part-time gardener. 50 hours for balance of the season at $8 hour.
Motion to approve contingent upon the Union agreeing that the position is not subject to the union contract.
UNANIMOUS
New Business:
Announcements:
-Arland Schantz will represent Lower Milford Township at the Solehi Community Pool Meetings -Coopersburg forwarded a check to us in the amount of $2,765 to adjust the EIT years 2000-2001 -Keith Hausman has submitted a letter of resignation as of 1/1/08. To be discussed at the next workshop meeting.
Correspondence listed in the agenda was available for review.
Citizen Comments:
-Ed Matulevicious asked if Lehigh County Common Pleas has rendered a decision in the Geryville appeal for a hearing officer for curative amendment. No decision to date. -Lois Gadek announced that the farm brochures that Cowan helped pay for the printing of, are on the back table and need to be distributed.
Donna Wright reminded the audience of the upcoming Twp. Festival on Sept. 22 and requested donations for the silent auction, which a portion of the proceeds will again be donated to the Fire Company.
The meeting adjourned at 11:01 pm.
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