LOWER MILFORD TOWNSHIP of LEHIGH COUNTY

BOARD OF SUPERVISORS

Thursday, August 18, 2005 at 7:30 p.m.

MINUTES

Chairman Richard Harris called the meeting to order at 7:30p.m.  Present were Supervisors Arland Schantz and Joan Dreibelbis.  Also present were Township Solicitor Timothy Stevens, Township Manager Ellen Koplin and approximately 26 others. 

The Pledge of Allegiance was said by all.

Citizen comments as follows and throughout the meeting.

Lowell Linde cited the following:

            January 2004 – Lois Gadek and Linda Fetzer removed from Planning Commission

January 12, 2004 – Letter from Attorney Bartholomew to Attorney Stevens, Linde stated should have ended the matter but the township decided to continue.

May 23, 2005 – Court declared appointments to Planning Commission null and void and removal of Gadek and Fetzer illegal

July 18, 2005 – Records request by Gail Linde

July 20, 2005 – Ms. Linde received letter from Attorney Stevens the records are attorney/client privileged

July 22, 2005 – Ms. Linde received Court Decision in the mail

July 23, 2005 – Mr. Linde spoke with Judge McKinley who stated court records were not privileged information.  Mr. Linde viewed court records at Courthouse.

August 2, 2005 – Letter from Ms. Linde requesting reconsideration of records review – no reply for 2 weeks.

Mr. Linde stated, in his opinion the decisions made by the Board of Supervisors were wrong and in violation of the Sunshine Act, Open Meetings, Open Records and the Right to Know Law.  He stated the only benefit was lawyer compensation.  He stated that he and others felt it was a good move reinstating Gadek back to the Planning Commission and it would be good if Fetzer would be reinstated also.

MOTION was made by Dreibelbis to reinstate Linda Fetzer to the Planning Commission.  No second to the motion was received.                                                                                     Motion Died

Gail Linde expressed concern with Schantz’s personal use of the Township cell phone.  She inquired why he is using up all the telephone plan minutes. She questioned the method of 50% reimbursement of phone charges on Schantz’s personal cell phone. 

Ms. Linde suggested looking into a policy for usage of Township Resources.

Ms. Linde spoke to a person at PSATS who suggested an outside firm rather than township citizens do the audits.

Harris stated the Board of Supervisors would look at the phone policy for improvements.

Regular Business:

MOTION was made by Schantz to correct a paragraph under Citizen Comments on the Board of Supervisors regular meeting minutes of July 21, 2005 which was stated in the June 16, 2005 meeting to read as follows: 

Donna Wright requested of the Supervisors that there be a key policy, stating that her

request results from a disagreement with Schantz concerning the fact that she had a key.  She stated she was unaware that having the key was illegal or improper since it was given to her for the purpose of opening the buildings main doors for meetings and could not access the office area.  Schantz responded saying that is not exactly what happened.  She replied she had witnesses and affidavits stating what happened.

Harris seconded the motion.                                                                     Unanimous

Schantz stated he consulted PSATS and the Municipal Planning Code concerning the Zoning Board and access to the building and he determined the Zoning Board members should not have access to the building.  He stated he did not ask for or accept the return of any key. 

Wright stated the rewording of the draft minutes basically stated the same thing.  She requested again that she was not aware that having a key was improper and that she would like to see a key policy approved by the Board of Supervisors.

Harris stated the Board is in possession of a Proposed Building Security Policy Draft.  It will be expedited over the next few weeks. 

Harris stated they will approve the July 21, 2005 minutes at the September Board of Supervisor’s meeting since they did not have time to review them properly.

MOTION was made by Schantz to approve the minutes of the July 13 and August 10, 2005 Board of Supervisor=s Workshops.  Harris seconded the motion.                 Unanimous

Harris announced that Executive Sessions were held July 26, 2005 and August 16, 2005 for Union Negotiations and August 10, 2005 for personnel.

Schantz requested the Saucon Valley News make a correction in the paper concerning a statement printed.  The reporter from the paper stated she reports what she hears.   

Treasurer’s Report as of  July 31, 2005 was accepted as read:

·         General Fund                                                    $702,094.56

·         Road Projects Fund                                               29,678.06

·         State Liquid Fuels Tax Account                             190,425.69

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

              Unanimous

Police Business:

Police report was made available to the public.

MOTION was made by Schantz to Authorize Lower Milford Fire Police to assist Emmaus Police Dept. in traffic control and to allow the Fire Police to act on their own in assisting in this way after notifying the Board of Supervisors.                                                           Unanimous

Road Business:

Road reports were made available to the public.

Schantz and Koplin gave a report on the bridge replacement on Schultz Bridge Road.  Sandbags

were placed, creek was pumped, fish were moved, silt fence placed and bog turtle surveyor present

for an inspection of the area.  Concrete forms were being placed today and concrete work is to begin tomorrow.

MOTION was made by Dreibelbis to accept the Township Roadkill Deer Removal Agreement with the inclusion of the Preauthorization Clause.  Schantz seconded the motion.

                                                                                                              Unanimous

Zoning Business:

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.

            There was no action on any Subdivisions or Land Developments

Other Business:

Harris announced the receipt of an Agricultural Security Area Application for Tarzian Family Trust, Approx. 57 acres located on County Line and Baus Roads. 

Schantz gave an update on Cable Service.  Attorney Stevens is in the process of setting up a meeting for the first week of September with a representative from Service Electric.

Donna Wright, Festival Committee Chairperson, gave an update on the progress of plans for the Fall Festival.  She invited anyone with a “muscle car” to feel free to bring it the day of the festival for display.

Harris announced the Southern Lehigh Memorial Park minutes will be available on the rear table.

Harris announced the resignation of Bookkeeper, Mary Bringhurst.  She will be filling in evenings and weekends until the position is filled, possibly from within by a current employee.

Meeting Announcements:

·         Curative Amendment Hrg. –Geryville Materials, Mon. Aug. 29, 2005 – 7:30 pm

·         Board of Supervisors Workshop Meeting-Wednesday, Sept. 7, 2005 - 7:30 pm

·         Planning Commission Meeting-Monday, September 11, 2005 – 7:30 pm

·         Board of Supervisors Regular Meeting-Thursday, Sept. 15, 2005 -7:30 pm

·         Planning Commission Workshop Mtg-Monday, Sept. 19, 2005 – 7:30 pm

Citizen Comments:

            Lowell Linde stated he wants removed from the July 21, 2005 minutes that Stevens said the judges

ruling could be seen.  He said that was not stated at the meeting.  He recommended the Board of

Supervisors read the Solicitor’s Handbook.  Linde stated what was done was wrong and needs to be fixed.

Harris said the Board of Supervisors made their decision based on the recommendation of  their Solicitor.  Harris reiterated the ruling was made in favor of Gadek only, since Fetzer dropped out of the case.  Linde stated he wished one of the Planning Commission members, such as Ann Frey would do the right thing and drop out and make things right.

Evelyn Yost asked why there was a delay in response from the Public Works Department when she called in July about tree obstructions on Yost Lane.

Ann Frey wished to inform residents of a tax reform plan through Harrisburg Representatives.  She had copies of the brochure and presentation should anyone wish to view it.

Dreibelbis attended a Press Conference at the Macungie Institute where County Executive Jane Ervin presented a check for approximately $23,000 to be split among the six participating municipalities involved in the Southwestern Lehigh County Regional Comprehensive Plan.

Dreibelbis asked that Koplin look into installation of Fiber Optics by Verizon for wireless networking.  Harris said it was an enormously expensive process as well as the permission process and not worth the expense because of the sparse population of this area. 

Harris adjourned the meeting at 8:40 pm.