LEHIGH TOWNSHIP BOARD OF SUPERVISORS

Minutes of the November 14, 2017, Meeting

I. CALL TO ORDER. The Lehigh Township Board of Supervisors held their

regular monthly meeting on Tuesday, November 14, 2017, at 7:00 p.m. at the Lehigh

Township Municipal Building, 1069 Municipal Road, Walnutport. Present were Blaine

Holden, Cindy Miller, Keith Hantz, and Darryl Snover. Also present were Attorney

David Backenstoe, Phil Malitsch, and Alice Rehrig. Chairman Darryl Snover called the

meeting to order with the Pledge of Allegiance.

II. PUBLIC HEARING--TRANSFER OF LIQUOR LICENSE TO 4619 WEST

MOUNTAIN VIEW DRIVE. Attorney Backenstoe announced the public hearing was

cancelled for this meeting. The intention of the hearing was for BKGR LLC, also known

as the Friendly Food Mart, located at 4619 Mountain View Drive, to transfer a liquor

license from Easton to this location. Under the law, the Township only has 45 days to

schedule a liquor license transfer hearing once they are given notice. However, it was

also suggested to the applicant that they speak with the Zoning Officer and the Planning

Commission regarding zoning requirements that are associated with this type of use.

They were looking to transfer an R-License which would require 30 seats and 400 square

feet of area. As a result of this, they will be required to meet additional zoning

requirements, such as parking and having an appropriate sewage system to accommodate

the 30 seats. After having their plans discussed at the Planning Commission, they

determined that they were not ready to proceed with the hearing at this time and sent a

letter requesting the hearing be removed from the agenda and granted the Board a 60 day

extension of time to hold the hearing.

A resident questioned if this project will be open for public comment when the hearing

takes place. Attorney Backenstoe commented it would be. The purpose of this type of

hearing is for the applicant to make a presentation to the Township and it gives the Board

of Supervisors the right to ask questions and also the statutes specifically states the public

has the right to ask questions.

III. GUEST SPEAKER--MICHAEL KUKITZ, RECREATON DIRECTOR FOR

NORTHERN LEHIGH RECREATION AUTHORITY. Mr. Kukitz currently serves as

the Director for Northern Lehigh Recreation. A Parks and Recreation Department is

there to give back to the residents of a community. A strong Parks and Recreation

Department in a municipality would typically make up two to three percent of the budget.

He has been in Northern Lehigh for just over a year. Parks and Recreation looks

different in every township or borough. Their purpose is to fill in the gaps of services not

being provided to the residents already. In Northern Lehigh, they have implemented a

summer playground program in partnership with the Northern Lehigh School District.

They also do movies in the park and concerts in the park. They are looking at a food

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truck festival. They try to do anything that will get the residents moving and out and

about and spend time as a family. They also have a senior program. It was a need in the

community and something to grow on. They do events at different areas of the three

communities. They have yoga at the canal, they use the various parks in spring, summer,

and fall.

Mr. Kukitz serves as the Recreation Director and also works with a Board of Directors.

He essentially is a one man show. He does the website design, social media, IT, grant

writer and program coordinator. It is his full time job. The three communities are in a

partnership with DCNR to pay his salary. The grant writing is also a significant portion to

obtain grants to continue to improve the recreation and its programs. He holds a degree

from Penn State in Recreation Parks and Tourism Management. He worked for the

Allentown YMCA for awhile, the Allentown Park and Rec Department and also did some

development work for the Salvation Army.

Cindy Miller questioned who handles the scheduling of fields and organized sports?

Does it fall under his responsibilities? Mr. Kukitz commented that he does not handle

that. It varies from community to community. In some communities the Parks and

Recreation Department handle it so the clerical staff is freed up from it. Where he is

now, Walnutport, Slatington, and Washington Township each handle their own. In

Walnutport, the Borough Secretary handles everything in the main office.

Blaine Holden commented it seems like recreation can become more professional and

one of the jobs Mr. Kukitz is tasked with is to push it beyond soccer and baseball.

Mr. Kukitz commented it is different than years ago. You need the structured activities

to get people out and about. You also need to have the parents feel safe about sending

their kids out and about.

Darryl Snover questioned how Mr. Kukitz gets paid? Mr. Kukitz commented each

municipality contributes towards his salary and DCNR also contributes through their

circuit writer program, which is a declining five year contribution. The goal is to have

enough program, grant revenue, and different things going on to substantiate the

contributions to get this going. There will always be a need for municipalities to

contribute towards a park and recreation program. The circuit writer program is meant to

jump start things for the municipalities that fades out over the five years so they become

self sustaining.

Mr. Kukits also works with the Northern Trail Steering Committee and the D & L to help

promote the trails in the area. The amount of trails in this area is a gem for outdoor

enthusiasts. It is starting to become a tourist destination. They are trying to enhance this.

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Blaine Holden questioned if Mr. Kukitz felt this was going to be a trend for

municipalities. Mr. Kukitz commented that he does. People are traveling out of the area

to participate in activities that are not offered here. Smaller municipalities will not have

the same thriving park and recreation department like Allentown, but he sees other

municipalities working together like Walnutport, Slatington and Washington Township to

develop programs. People want to see more community events.

If the Township were interested in starting something like this, there would need to be

some discussion as to how big they want to go. Do you want a part time person to start

with some smaller items? Are there things already started? He would be more than

happy to help or speak with the Board further about the next steps in getting something

like this started.

IV. APPROVAL OF THE MINUTES

A. Minutes of October 17, 2017. Keith Hantz made a motion to approve these

minutes. Cindy Miller seconded the motion. Cindy Miller requested that Act 172

be referenced in the paragraph on Page 3 with the discussion regarding the Fire

Company. All voted aye. Motion carried.

B. Minutes of October 24, 2017. Keith Hantz made a motion to approve these

minutes. Blaine Holden seconded the motion. All voted aye. Motion carried.

V. APPROVAL OF THE BILLS

A. General Fund Checks 21319 to 21394. Keith Hantz made a motion to approve

these bills. Blaine Holden seconded the motion. Cindy Miller questioned the

following checks: Check 21343, The Benecon Group, the description says

pencils, battery and soap. Alice Rehrig noted the description was wrong; it is for

health insurance. Check 21353, DRC Technologies, setting up Zoning laptop and

update to Visual Alert. This Check was to transfer the data from the old tower to

the laptop with the GIS program and to update the Visual Alert program at the

Police Department. Check 21357, Ironton Telephone Company, for phone repair.

This was for the new system as a result of the lightning strike. Check 21374,

Witmer Associates, for holsters. Chief Fogel commented there was a donation

made to the department by the Quarter Midget Association which covered this

expense. There were several holsters purchased so that everyone is uniformly

outfitted. Blaine Holden questioned Check 21347 for a Diamond Digger and

home plate. The Diamond Digger is the spike drag for the baseball fields. It

opens the infield soils to promote drainage. Sandy Hopkins questioned Check

21375 for the dog waste stations. Alice Rehrig commented there were three

stations purchased and they will be placed at various locations around the large

track. All voted aye. Motion carried.

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B. State Fund Check 1437 and 1438. Keith Hantz made a motion to approve these

bills. Cindy Miller seconded the motion. All voted aye. Motion carried.

VI. PLANNING RELATED ITEMS

A. Engineer's Report.

1. MS4 Update. Phil Malitsch reported the Township's new five year MS4

permit application was submitted to DEP in September. They have 180

days to review the application. With this renewal, there are additional

items that will need to be done. The largest thing that will affect the

Township is that they now have to provide a pollution reduction plan for

the three watersheds within the Township. It is important for the

Township to review this portion of the plan. It lists the various types of

work the Township must do over the next five years to meet the

requirements. The requirements are based on the watersheds in the

Township and the impairment of those watersheds. The watersheds in

Lehigh Township are the Bertsch Creek, Hockendauqua Creek, and the

Lehigh River. They are classified as impaired because of siltation. The

minimum percentage of pollution deduction that a Township can meet is

10 percent over the next five years. DEP has formulas which will give the

Township a certain amount of credit based on a specific BMP. The total

of all the credits based on the BMPs must add up to the total reduction

amount that is required for the permit. Based on the loading calculations

for the watercourses in the Township, the Township needs to reduce the

sediment going into the streams by 845,118 pounds. Each one of the

BMPs either require additional work by the Public Works Department,

projects that the Township needs to undertake and money that the

Township has to spend to complete the projects. All of the projects must

be completed over the next five years. The total cost of the projects has

not yet been determined. The Township will need to go down the list and

determine what the Township Maintenance Department can handle and is

the Board happy with the plan. The Plan can be a combination of many

different things which is why the Board needs to review it and decide what

they really want to do. The plan will need to be advertised and adopted by

the Township.

Darryl Snover questioned where the numbers come from. Phil Malitsch

commented there are equations that they follow, but he is uncertain what

the basis is for those equations. It is literally just handed down from the

State. Darryl Snover commented that it seems as this is something that is

totally immeasurable that is just going to cost the Township more money

which in turn will result in a higher tax to the taxpayers.

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Cindy Miller commented another option is to create a stormwater

management authority to address the issue. Municipalities are

moving towards this because they cannot afford to pay for projects

out of their general fund. Unfortunately, that is what the future

holds for us. Darryl Snover commented that he disagrees with this

because you are adding more government. Numbers are given to us

that will affect the tax payers and we are not privy to them in the

first place. They are arbitrarily handed down to us. Cindy Miller

commented the authority would actually be responsible for taking

care of this. Darryl Snover commented everyone still will have

to pay for it. Cindy Miller commented it is another unfunded

mandate by the State and our hands are tied. Keith Hantz

commented the Board may need to keep this option open as we

move forward. We are obviously not going to get out of this.

Looking at some of the BMPs, he believes the Public Works

Department can help us out with some of them. Cindy Miller

commented that as this unfunded mandate goes forward, there will

become a time when residents and businesses are going to get pulled

into this and they are going to be held responsible. Darryl Snover

commented that it will become a rain water tax.

Phil Malitsch commented these concepts take on different forms.

The rain tax is one of those forms. Some Townships have different

fee schedules that are set up that deal exclusively with impervious

cover on individual lots and have a separate authority set up. The

challenge for Lehigh Township is that there is not a huge amount of

commercial businesses. Most Townships try to push a lot of the

costs onto commercial development rather than the residents. Often

there is a flat residential fee, then the balance is a fee schedule based

on a fee per square foot of commercial development that would go

into the stormwater fund per year. The tricky part is getting to the

baseline when you are just starting out with this. Once the baseline

is established, you can keep a running tally for each lot.

Cindy Miller commented with these MS4 requirements, no one is

exempt; non-profits are included. Everyone must pay, although the

State is exempt.

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Phil Malitsch commented that it would be a good idea to continue these

discussions and have the Board review the PRP and consider a special

meeting to start looking at the different BMPs that are involved so the

Board can determine which direction they want to go with this.

Cindy Miller questioned if it will eventually get to a point where the

Township will have to trace where the sediment comes from, even if it is

from another municipality. Phil Malitsch commented it is possible. He

also believes that if municipalities want to work together on some of the

issues, DEP would allow it. He also noted that if a new development

came in and put facilities in to help control some of the sediment, DEP

will not allow the Township to use it as a credit towards their program.

Darryl Snover questioned if the State has done anything to address the

disparity between the farm lobby and the municipalities' ability to regulate

farm activity. Phil Malitsch commented farming activities have not been

addressed. Darryl Snover commented the Township will be responsible

for the sediment running off the farm field, but yet there is nothing we can

do about it. We also cannot do anything about runoff from State roads

because they exempted themselves. They make the Township responsible

for it when it leaves the State road. Phil Malitsch commented there may

be an opportunity to at least share costs with a developer if the Township

can show that the developer was required only to do a certain amount, but

the Township in working with the Developer went above and beyond what

was required, you may be able to take a partial credit.

Cindy Miller questioned if the Township is required to sweep the State

roads if it is determined that sediment is running off of them. Phil

Malitsch commented the street sweeping component is based upon

acreage of street sweeping. The amount of the credit that the Township

receives is based upon the amount of sweeping they do. Cindy Miller

commented that if the State road crosses a Township road, we are

eventually going to get the sediment, but the State is exempt so they don't

need to do any sweeping. Everything is left up to the Township. Phil

Malitsch noted it is not as simple as actually collecting a specific amount

of sediment. It is much more abstract than that. Darryl Snover

commented that is the part that is most disturbing. The numbers are just

pulled out of the air. Phil Malitsch commented that he is sure there are a

lot of different parties involved in this. He is uncertain if DEP created the

formulas or if they were handed down to them from the EPA.

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Chip Hazard questioned if the 10 percent has to be mitigated every year or

over the course of the five year permit. Phil Malitsch commented it must

be done over the course of the five year permit. When the permit renews

again in five years, the requirements could potentially increase. Chip

Hazard questioned if the County worked with farmers to control runoff,

would it count towards the project. Phil Malitsch commented that it

would not. If a farm were turned into open space, there may be a way to

obtain some type of credit.

Darryl Snover commented this seems to be a spinoff of the rain water tax

in Maryland where they are taxed by the amount of water that runs off of

people's roofs. That is most likely the direction that things are going to

go. Phil Malitsch commented that Maryland is required to have a

Chesapeake Bay Plan in addition to the Pollution Reduction Plan. Lehigh

Township is not part of the Chesapeake Bay Water Shed so that is

something that would not be required.

Carl Sharpe commented that setting up a stormwater management

authority may not be a bad idea. It could be a volunteer board with people

that have some expertise or an interest in this area. It wouldn't help pay

for the remediation but it may help with generating ideas to help with the

projects.

Phil Malitsch commented it may be helpful to set up a special meeting to

start digging into the requirements of this plan.

Darryl Snover commented that he would also ask the Board to give some

thought to drafting a letter at some point in the future to our Senators,

Representatives, and Governor regarding the fact that we cannot regulate

farm sediment and that we also cannot regulate anything with the state

roads which probably would need the most remediation. Because nothing

can be done with these items, we are forced to spend money on things that

have a lesser impact.

Phil Malitsch had prepared the bid specifications for the filling in of the

sedimentation basins on the Hills of Greenock Property. Besides filling in

the holes, there is some utility work that needs to be done and also a slight

modification to the regional detention basin on the south side of Route 145. The

previous permit that was completed for the site had an infiltration area located in

one of the open space/recreation areas. When the Township's permit was

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applied for, this infiltration area was moved out of this basin in case the Township

ever had to take over that parcel, it would be one less thing that the Township

would have to take care of. This requirement was moved down to the regional

detention basin. If the Board authorizes the advertisement of the bids, the

advertisement would run on November 20 and November 27 with a due date of

December 8, with a tentative award at the December 12 meeting. Keith Hantz

made a motion to authorize the advertisement of these bids. Blaine Holden

seconded the motion. All voted aye. Motion carried.

Chip Hazard questioned if this project is being paid out of an escrow

account or does the Township have to pay for it. Attorney Backenstoe

commented it will be coming out of the escrow account.

B. Jeff Romig/Stormwater Management Ordinance. Jeff Romig was present to

discuss possible modifications to the requirements of the stormwater

management ordinance based on the circumstances surrounding his property. He

would like to construct a 30' X 32' pole building on his lot and is required by

ordinance to provide a stormwater management plan because he has over 10,000

square feet of impervious cover on his property because of how long his driveway

is because of his lot being a flag lot which is 3.92 acres. Mr. Romig built his

home in 2001 on Fir Drive and in 2002 he was approved to build a 30' X 40' pole

building that he never built. He is part of the Fir Meadows subdivision and the

plan required him to install drywells to catch the runoff from his home and

driveway. There is an exemption for 10,000 square feet, and if you deduct the

amount of impervious cover he already has going into a drywell, he is well

under the 10,000 and feels that additional stormwater management is not

necessary. He feels as though he has a valid reason for not needing to do

additional work at the site. If it was just a matter of installing the drywell, he

would not have an objection. It is the expenses associated with the engineering

requirements for a stormwater management plan that he is concerned about.

Phil Malitsch commented the ordinance has an exemption for the 10,000 square

feet of impervious coverage on a plan. Once you cross the 10,000 square foot

threshold, you have to infiltrate everything. Any impervious coverage added to a

lot after March of 2001, counts towards the 10,000 square feet. Since this lot was

part of a subdivision that reached the 10,000 square feet of impervious coverage,

all impervious improvements must follow the stormwater management

requirements. This subdivision not only received approval from the Township for

stormwater management, it also received approval from the Lehigh Valley

Planning Commission for compliance with the Act 167 requirements. The

Township's stormwater management ordinance and the LVPC requirements are

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married in terms of what is reviewed for stormwater management. They typically

can't and they wouldn't recommend that a Board waive these requirements

because it is tied to the LVPC Act 167 approval. When Mr. Romig contacted him

a few weeks ago, he told him he would contact Jeff Reese at the Lehigh Valley

Planning Commission to see if there was anything that could be done. Mr. Reese

commented that if the Township were dealing with the stormwater management at

a local level, he wouldn't require them to submit to the LVPC. Any impervious

cover that Mr. Romig wants to construct on his lot would require an amendment

to the original stormwater management plan. He did tell Mr. Romig that a lot of

designers will include an additional amount of impervious cover so that a plan

doesn't need to be amended. An engineer could look at the original design for his

lot and determine if there was an additional impervious cover included. If there

was not any extra impervious cover included in the original calculation and

stormwater management must be done, he would have to install a drywell or

infiltration basin to catch the stormwater from the new building. In order to

install one of these facilities, the areas must be tested to show that the soils will

permit the infiltration. Based on the discussion he has had with Mr. Romig, it

appears as though an amendment will be needed to the original stormwater

management plan.

Keith Hantz questioned how a permit could have been issued in 2002 to build a

larger building and now he wants to build a smaller building and needs to go

through the additional expense.

Darryl Snover commented it would appear as though Mr. Romig would be

seeking relief from the requirements to have the engineering studies done for

infiltration on this site. Phil Malitsch commented he is not aware of a waiver like

that ever being granted and would not recommend that one be given because it is

tied to the LVPC Act 167 requirements. There are two options that Mr. Romig

would have. One would be to assume that there are no additional capacities and

something would need to be built for this structure. The other would be to have

an engineer look at the size of the existing structures and the impervious area that

is getting to them to determine if there is additional capacity. If there is no

additional capacity, soil investigation would need to be completed by a qualified

professional and then a signed and sealed stormwater design would need to be

submitted. Mr. Romig’s concerns are not uncommon particularly with flag lots.

The LVPC is always getting phone calls like this. He was surprised that the

LVPC was willing to let this be handled at the local level. He was expecting them

to want to see the new plan. He would be willing to reach back out to Jeff Reese

to see if they would provide documentation that they would be okay with the

Township waiving the requirements of the Act 167 plan adopted by the

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Township. He could also take a quick look at the subdivision plans to see if there

is anything there that has the potential to make it easier for Mr. Romig.

Attorney Backenstoe commented the problem with the waiver request is there is

no engineering basis for granting the relief. An idea for consideration would be to

have Mr. Romig provide an escrow for Phil Malitsch to do some initial research

to see if relief can be granted.

Mrs. Romig commented she feels as though they are being penalized because they

happen to have a larger lot that is a flag lot. They already have dry wells installed

for the house and a portion of the driveway which is more than what a person with

a one acre lot would be required to have. Darryl Snover commented that when

these ordinances were being developed, he was vocal regarding the fact that it

didn't matter what the lot size was. He disagrees with the idea that the 10,000

square foot rule is applied equally to a larger lot versus a one acre lot. A building

of the size that is being proposed will have a different effect on a lot that is one

acre in size compared to a lot that is almost four acres in size. Mr. Romig

commented Section 70-12 allows the Board to grant relief of the ordinance if

there are unusual circumstances involved. Phil Malitsch noted that Section 70-12

is from the grading ordinance. Based on the ordinance, Mr. Romig would not be

required to do a grading plan because he does meet the exemption criteria of the

ordinance. The only item in question is the stormwater management ordinance.

He is uncertain if the Township has the ability to waive any of the requirements of

the ordinance because it is tied back to the Act 167 requirements of the Lehigh

Valley Planning Commission. The Township doesn't really write the stormwater

management ordinance. The Lehigh Valley Planning Commission wrote it and

handed it to the Townships and said you must adopt this which is why it is tied

back to them. It is a one size fits all type of ordinance. The Township really

didn't have the ability to modify their ordinance.

Phil Malitsch commented he will contact Jeff Reese again to see if there is any

type of relief that can be granted under these circumstances.

V. OLD BUSINESS.

A. Maintenance Building. Keith Hantz commented that Mr. Hazard will be meeting

with some design build firms to see if they can provide some information

regarding what they do. Mr. Hazard commented he spoke with Petrucci out of

Bethlehem and NorStar out of Allentown and they are willing to meet with him to

discuss the project. They have previously worked with municipalities and are

familiar with the bidding requirements.

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Paul Nikisher questioned if the design build is the best way to go. Does it still get

bid? Attorney Backenstoe commented that the design build combines two

services into one. Normally, the municipalities would contract with a firm to

provide a design, then place the design out to bid. Under a design build situation,

the firms have the ability to design the product and build it as well. Sometimes it

can be cheaper because one firm is doing both. The project must still be put to

bid and it must be awarded to the lowest bidder.

Cindy Miller questioned how the Board will know if the prices that are received

are really going to be lower than if it was put to bid the traditional way. Mr.

Hazard commented that it seems as though the Board is hung up on the price of

the building. A study was done years ago to determine what was needed and a

rough estimate was provided. The Board then stopped at the point of taking the

next step to hire someone to develop the specifications to find out the exact cost.

His idea is that these types of firms will be able to get the Township started with a

relatively close estimate on the cost if they are provided the information on what

is being looked at in terms of the building. At some point, the Township will

need to take the next step and pay for someone to fine tune a design, but right

now, these companies are willing to talk to us without charging. He wants to see

what they have to offer as a free service with the basic information on the

building that he got from Frank Zamadics.

B. Cherryville Intersection. Phil Malitsch reported the final design for the

intersection was submitted to PennDOT. They have 30 days to review the plan.

Jim Milot also has meet with the owners of Amey's and the pizza shop with the

driveway modifications and everyone is on board with what is being submitted.

Cindy Miller commented if PennDOT comes back with any additional comments

or changes, we are going to give them to the Senator. This is supposed to be the

final submission for us to get the HOP.

Paul Nikisher questioned if everything was resolved with the Seidel property.

Darryl Snover commented it is all dependent upon the HOP. Cindy Miller

commented the Township is waiting on the HOP so that we know we have the

correct dimensions of the property that is needed for the right of way. The

agreements need to include a legal description of the right of way that is needed.

The Township is afraid to proceed with talking with Mr. Bodish because we don't

know what PennDOT is going to come back with. The Township had already

developed the agreement and started the negotiation process and PennDOT

changed what was going to be required. Once we finally know what really is

needed to be required then we can finalize the agreements.

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Cindy Miller questioned if they met the request of the Board by the 11th as was

agreed upon at the meeting. Keith Hantz commented they did not fully comply.

They have picked up the garbage, did some trimming. It doesn't look like they

did anything with the silt sox or the pile of brush. Cindy Miller commented they

essentially violated the agreement that was reached. Keith Hantz suggested that

this be put on the next meeting agenda.

Carl Sharp also noted that the Authority has not completed their review of the

water connections because their escrow account has not been paid. They have

stopped all review on this project until the account is paid in full and replenished.

C. Booking Center. Cindy Miller reported that she has started to call back the

municipalities that would be involved with the inter-municipal agreement. One

municipality said yes, the others didn't really understand what was taking place.

She is in the process of following up with them to get a decision as to whether or

not they will participate in an inter-municipal agreement. In addition, since the

County Executive was not reelected, she will be trying to meet with Mr. McClure

to see if he will agree to follow through and pay for the booking center.

Councilman Dietz also said he is going to talk to County Council to see if they

would include it in the 2018 budget. In the meantime, she will continue to follow

up with the other municipalities as a backup plan, although most of them do feel

that requiring inter-municipal agreement is double dipping, which the County

Executive did admit to.

Blaine Holden noted part of the problem was that the judges were not enforcing

the fees. Who would have control over this? Cindy Miller commented that is

what is in the gray area. The fees have been waived. The question is, who is

responsible to actually initiate the conversation with the person who makes the

decision to waive the fees? She was told it was not the County Executive. If it is

not the Executive, then who is it? She may even schedule a meeting with the

incoming President Judge to see if we can get conversation opened to let them

know that this is an issue. They may not even be aware that there is a problem.

She believes it can be resolved. She was hoping someone at a high County level

would have taken the initiative to open that conversation.

Chief Fogel commented that other counties place the booking center fees at the

top of the food chain as far as the different fees are concerned so that the Booking

Centers are self sustaining. Northampton County is not self sustaining. They are

not collecting fees and then basically the County's general fund is paying for the

booking centers. John Brown is looking to collect what booking center fees do

come in and not put them back out to our center and forcing the inter municipal

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agreement which would make the booking center be paid for twice by the

Township. We would be paying for it through the municipal agreement as well as

our County taxes. Cindy Miller noted that John Brown had agreed to pay for the

City of Easton and the City of Bethlehem's Booking Center, but not ours. The

County taxpayer money is being used to fund these two centers, but we are

required to do an inter-municipal agreement to pay for ours which really is double

dipping and he did admit to that.

D. 2018 Budget. A revised draft of the 2018 Budget was provided to the Board for

discussion. In addition, Alice Rehrig provided the Board with an estimated

balance that will be remaining at the end of the year that needs to be included in

the 2018 Budget. Some options are adding additional funds to the Planning

Budget for the Comprehensive Plan so there is money available for a match if a

grant becomes available. Additional money could also be allocated to the

Building Fund and the contingency fund.

Darryl Snover noted that the overtime was reduced by $5,000. He asked how

much the overtime expenses were reduced from 2017 to 2018. Alice Rehrig

commented there was $25,000 budgeted in 2016 for shift overtime and in 2018, it

is reduced to $20,000. Darryl Snover noted we added the salary of another police

officer and the overtime was only reduced by $5,000. Chief Fogel commented

that the shift overtime may be able to be reduced more, but he is not certain

because this is the first time we are operating with 12 officers. Darryl Snover

commented that part of the reason for hiring the 12th officer was to improve the

quality of life of the officers so that they would not be working as much overtime,

but if the overtime budget does not decrease, then did we really increase the

quality of life. Chief Fogel commented the Department has been consistently

running over on the overtime budget for the past few years because of staffing

issues. Cindy Miller commented that years ago when we had the discussion of 8,

10, and 12 hour shifts, she remembers being told that if we did 12 hour shifts with

12 officers, our overtime would drop to $35,000 as a line item in the budget. This

is what confuses her when she sees the total amount of overtime listed in the

budget. She remembers talking about this meeting after meeting and it came

down to how the schedule was done and depending on how it was done, the

overtime could be reduced which is what we really needed to do. Chief Fogel

commented he can look over the past several payrolls where we actually had 11

officers working and see what it actually is. It may be able to be pulled down

lower, but he just isn't sure. With some of the items that are now included in the

contract, it should help some of that as well. Keith Hantz commented he

understands the Board's concern, but he also believes we need to give it a chance

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now that we have the 11 officers and the 12th one starting at the beginning of next

year. Chief Fogel commented he did have a discussion with the Association

President regarding the need to keep the overtime down.

Cindy Miller questioned when the Chief expects to have the 12th officer start.

Chief Fogel commented he intends on him starting the second week of January;

there will also be a field training period before he can be scheduled on his own.

Cindy Miller commented the overtime can be evaluated in six months and if need

be the budget could be amended at that time. Attorney Backenstoe commented

that the budget can only be reopened through February 15. Chief Fogel

commented he will look back over the past six months and see what has been

different in terms of overtime and also try to plug in the 12th position to see if it

gives more of a tangible number.

Blaine Holden commented he knows that at one point the officers were running

pretty hard and pretty thin. How is the morale at this point? Chief Fogel

commented it is better. Overtime is a double edged sword. The guys want the

overtime, but when they are working as much as what they were at one point, they

no longer want it. The morale has definitely gone up. The increased manpower

has made it increasingly easier. The need to work a 16 hour shift has not

happened in quite a while. He also told the guys that if they get stuck with one

because of a call off, they cannot do two in a row. He also believes that everyone

is on the same page regarding this. If the guys want overtime, there is plenty of

ways to get it through the grant funding.

Cindy Miller questioned if all the paperwork will be concluded within the 12 hour

shift or will they be working beyond the 12 hours to complete the paperwork.

Chief Fogel commented they should be completing all the paperwork within the

shift. There may be an occasion when someone has to stay over a 1/2 hour, hour

at the most, to complete paperwork because they are going to be over for the next

couple of days. Cindy Miller commented her concern is with the safety of the

officer. She believes working the twelve hours is hard enough and can't imagine

someone working the fourteen hours. Chief Fogel commented that he tries to

watch out for the extended shifts and why they are occurring so that it is

minimized as much as possible.

Keith Hantz questioned if the only changes to the budget are what was listed in

the memo and if everything that was included in previous drafts of the budget was

still included with this draft. Alice Rehrig commented that everything was still

the same unless noted.

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Page 15

Cindy Miller questioned if the seasonal workers were removed and an assistant

for Public Works was still included. Alice Rehrig confirmed that was still the

case.

Darryl Snover commented he knows we are replacing all of the in car cameras

and was questioning if the replacement cameras are the right ones for the

longevity. He was concerned with the fact that all of our current cameras failed.

He didn't believe they were that old. Chief Fogel commented that two of the

current cameras are less than five years old. When they were working, they were

not functioning as they were supposed to. One of them you needed to activate

from the trunk of the vehicle. The new cameras come with a three year

warrantee. They are from Digital Ally which is the company which produces the

body cameras. They have been very responsive when there have been issues. If

you need tech support, you can just call them and they walk you through the

issue. They are a much better company to deal with.

Cindy Miller questioned what will be left in each of the department's budgets at

the end of the year. Alice Rehrig commented that in the Police budget, there will

be around $25,000 remaining. The Public Works Department would take more

time to determine because it encompasses so many different sections of the

budget. Cindy Miller questioned why we would be increasing the amount of a

department’s budget for next year, if this year’s budget will have $25,000

remaining. This is what the State does that gets them into the trouble they are in

and what government tends to do. Instead of having a 0 budget at the end of the

year, they take what is left and add an additional 10 percent factor to it and say

that is how much they need for their budget for the next year whether they need it

or not. If there is money left at the end of the year, that is telling her we over

allocated for that department. Blaine Holden commented it could also mean that a

department operated more efficiently. Alice Rehrig commented the area with the

largest amount remaining is the fuel expense which has been reduced for next

year. The minor equipment purchases are also under budget. There is also a

difference of $3,000 in the electric expenses for 2017. This was most likely

because of the installation of the LED lights. This amount has been reduced for

next year as well. The addition of the 12th officer for next year and the

replacement of the cameras also adds to next year's budget.

Darryl Snover questioned how the in car cameras will be budgeted in the future.

Alice Rehrig commented for now she has worked the replacement of the cameras

into the cost of the car replacement which would be every seven to eight years.

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November 14, 2017

Page 16

Once we see how long the cameras are lasting, this schedule could change. She

has them following the vehicles so we don't have to replace all of them at once in

the future.

Cindy Miller questioned if the lighting project was taken from contingency. Alice

Rehrig commented that it was taken from the prior year's carry over.

Chief Fogel commented that there is an allowance included in the minor

equipment line item because they have things that tend to be perishable. Some

years they need to use it, others they don't.

Blaine Holden commented that he feels it is important to know why a line item

went over or was under rather than just look at the number. Cindy Miller

commented that her concern with going over budget on some of the line items is

where does the money come from?

The Board agreed to allocate the additional funding towards Planning and the

building fund as recommended by Alice Rehrig. These amounts are an additional

$9,000 towards legal expenses for a comprehensive plan and $12,000 towards the

engineering expenses for a comprehensive plan; and an additional $84,000

towards the building fund.

Blaine Holden questioned at what point the assessment value on a property is

increased. Attorney Backenstoe commented that the re-assessment of a property

takes place when permits are issued. The County Assessor should be coming into

the Township on a regular basis. Alice Rehrig commented we also receive a

monthly report with assessment changes. If too much time passes after a project

has been completed, they can reach out to the assessor to make sure he has been

in the area.

Keith Hantz made a motion to advertise the budget with the changes as noted this

evening. Blaine Holden seconded the motion. Paul Nikisher questioned the

amount of the 2018 Budget compared to the 2017 Budget. Alice Rehrig

commented the 2017 Budget was $4,760,768 and 2018 will be $4,782,416.

Included in these numbers is $790,000 in grants for the Cherryville Intersection.

Blaine Holden commented that it may be helpful to add percentages to the budget.

Darryl Snover, Keith Hantz, and Blaine Holden voted aye. Cindy Miller was

opposed because there are items included in the budget that she does not agree

with some of the items in the budget. Motion carried. Keith Hantz noted that the

proposed budget does not require a tax increase.

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Page 17

VI. NEW BUSINESS

A. Officer Peterson Myrthil. Chief Fogel provided the Board with a letter requesting

Officer Myrthil be removed from probationary status. Over the past year, his

performance has been exemplary. He goes out and interacts with the community,

does traffic enforcement, and is proactive in checking businesses without being

asked. Blaine Holden made a motion to remove Officer Myrthil from

probationary status to permanent full time status. Cindy Miller seconded the

motion. All voted aye. Motion carried.

B. Lehigh Township Municipal Authority. Carl Sharpe was present to provide the

Board with an update on the collection of their delinquent accounts. They

currently have about $160,000 in delinquent sewer accounts, most of which is

penalties and interest that have accumulated over the past 16 years. The

Authority is unique in that they do not provide both water and sewer to the same

customers as most other authorities. When both water and sewer are provided to

the same customers, they have the ability to turn off the water to help force

payment of their account. The Township Authority is not permitted to shut off

the sewer so their means of collection is limited. When accounts become

delinquent, they put liens on the property and they eventually get paid when the

property is sold. They have tried collection agencies and have discovered that

liens are just as effective. Occasionally, they are able to get banks to step up and

pay outstanding balances. Rarely can they push for a sheriff sale because if there

is a mortgage on the property it makes it unaffordable for them. The delinquent

accounts are not affecting their ability to meet their expenses and loans. They are

also hoping that with the Hilltop Development, it will give them more customers

and freedom to operate and allow them to reduce their rates.

Cindy Miller questioned if any agreements have been reached regarding the

Hilltop Development. Mr. Sharpe commented that they have reached an

agreement with Mr. Jaindl regarding reserving the remaining EDU capacity at the

Pennsville Plant. An agreement in terms of water service is still being worked on.

Cindy Miller commented that it would be helpful if the Planning Commission

were aware of the agreements as the plan moves forward. She would like to see

the communication between all the Boards kept open so that everyone is aware of

what is agreed upon. Mr. Sharpe commented they are having informal meetings

with Mr. Jaindl on a monthly basis and would not have an objection to attending

Board meetings as needed.

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C. Recreation. Sandy Hopkins wanted to confirm that the Recreation Board was

waiting for information from the Board of Supervisors regarding their duties and

responsibilities. Cindy Miller commented that she has started to review the

ordinance and is in the process of developing an understanding, but hasn't

provided anything to the Board at this time.

Darryl Snover commented that if the Township is considering the possibility of a

Recreation Director, even part time or if Mr. Kukits can even handle another

Township, it would be a net benefit to everyone to get more of the community

involved.

Keith Hantz commented that Mr. Kukits provided good information on how he

deals with the three communities in the Northern Lehigh Authority. Mr. Frantz

from East Allen Township is still planning on attending one of our meetings. He

may also be helpful since he is only dealing with one Township on a part time

basis.

D. Police Report. Chief Fogel commented that he is in the process of setting up this

year's Shop with A Cop Program. He just received the information from the

School District.

One of the heating units at the Police Station has stopped working. Chief Fogel

received three quotes for the replacement of the system ranging from $9,200 for a

14 Seer system to $10,937.41 for a 16 Seer System from KD & Son Heating and

Air. Chief Fogel also noted that the quote from KD Heating & Air also included

the addition of low air returns so that the heat is pulled down from the ceiling. He

also received a quote for only replacing the outdoor unit, although there would

need to be more investigation done to see if it would actually work because

typically you would replace both the outdoor unit and the indoor air handler. The

funding for the heating system will come from contingency. Keith Hantz made

a motion to purchase the 16 Seer unit from KD Heating and Air. Blaine Holden

seconded the motion. All voted aye. Motion carried.

Chief Fogel commented he received pricing form Slatington Flooring to replace

only the damaged tiles in the Police Station. The cost to replace only the

damaged tiles would be $2,800 to $2,900. Ones everything is replaced, we will

need to make sure we keep up on the maintenance of the floor.

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E. Manager's Report. Alice Rehrig provided the Board with copies of worksheets

that are being used in the updating of the Lehigh Valley Hazard Mitigation Plan.

If the Board has any additional comments on them, she will forward it for

inclusion in the plan.

Act 42 of 2017 will authorize up to ten Category 4 casinos to be permitted

throughout the State. The Township does have the right to reject this type of use

from within the Township if they adopt a resolution by December 31 and notify

the State. The Planning Commission discussed this at their meeting and are

recommending that the Board adopt the resolution to prohibit them. Cindy Miller

commented that the thought of the Planners was that the resolution can be

rescinded at a point in the future. They felt it was best to say no at first and wait

to see if there was an interest. If there was an interest, then the Board would

rescind it at that time. Once you rescind the resolution, then it must stay because

you can only do it one time. Keith Hantz questioned if they would only be

permitted in specific areas of the Township. Cindy Miller commented the

Planners were thinking the possible existing places they may go would possibly

be Woodstone or the PRRC. If they were building from raw land, it possibly

could take place in the Office Business Zone along West Mountain View Drive.

The Category 4 casinos are mini casinos which have a minimum of 300 to a

maximum of 700 slot machines. Carl Sharpe noted that he believes that Mr.

Jaindl has an agreement with the church that he wouldn't bring something like this

into the Seminary. Chief Fogel commented that there are law enforcement

concerns that come with casino developments. The Board tabled this until a

future meeting.

Our new Zoning Officer, Elizabeth Gehman, started this past Monday. She will

be attending the next Board meeting and then starting in December she will attend

the first monthly meeting when the Planning items are being discussed.

Alice Rehrig was looking for either authorization to pay the outstanding bills

owed to Hanover Engineering or if the Board wanted some additional information

prior to that authorization. The outstanding bills for the Traffic Impact study

total $28,000. For the Cherryville Intersection, there are $63,000 in outstanding

invoices; however, only $25,000 of this is available in the grants. She would

only be recommending the payment of the bills that can be covered by the grants.

Cindy Miller commented some of the invoices had right of way listed over and

over and was wondering which property it was for. Phil Malitsch commented that

in general it would be anywhere where right of way information was generated.

The majority of the work would have been from the Bodish property and the Fire

Company Property. There was some right of way work done on other properties

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November 14, 2017

Page 20

along the section of roadway that the Township is going to be improving. There

were times when they had to redo their right of way work because of the

comments that were generated by PennDOT. Cindy Miller also noted that most

of the billing was done in allotments of a half hour to an hour. She has not seen

anything less than a half hour. She also noted that we are over budget by a lot and

as she said in the past, the residents are not going to be paying for this. The

overage beyond the grant on this project will have to wait to see if we get the next

grant. Blaine Holden questioned if there is any recourse with PennDOT. Cindy

Miller commented that there wasn't, which is why the Senator told us to apply for

the grant. Cindy Miller made the comment at the meeting with the Senator that

the grant is only a band aid for the problem with PennDOT. Everyone is going

through the same issues; it is not just us. The Board felt that PennDOT should be

sent a bill for the overage if they caused it because they kept changing things.

Keith Hantz made a motion to send PennDOT a bill for the overage on the

permitting of the intersection. Darryl Snover seconded the motion. Cindy Miller

commented that the bill should be addressed to the District Director, Mike Reber

and copies to the Senator and even the higher ups. Paul Nikisher questioned if it

would help for residents to send letters as well. Darryl Snover commented he

doesn't know if it would help but everyone is welcome to send letters. All voted

aye. Motion carried.

A letter was received from PennDOT that they will not make a determination on

the advance warning signs for no trucks in Allen Township for the Borough of

Northampton until they receive a letter from the Township indicating that they

will install and maintain the signs. If there is no objection from the Board, she

will forward a letter to PennDOT indicating the Township will install and

maintain the signs. The Board had no objection to sending the letter to PennDOT.

F. Solicitor's Report. Attorney Backenstoe did not have anything further to discuss.

He did note that the transfer of the liquor license for 4619 West Mountain View

Drive should be on the December 12 meeting agenda for discussion of a hearing

date.

IX. PUBLIC COMMENT. Ken Everett commented that in the last twelve to 14 months,

there have been five accidents, one of which was a fatality and another with serious

injuries, at the same location on South Cottonwood Road. He has lived on South

Cottonwood Road for the past forty years and can only recall three or four accidents

during those forty years. Around the time that these recent accidents started to occur, one

of the residents in the area removed a shed that used to be located close to the roadway.

He believes that this shed acted as a barrier which slowed people down. He believes that

if the warning arrows were placed around the curve in the area of where the shed was

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November 14, 2017

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located, it would help reduce the accidents. Keith Hantz made a motion to have the

Maintenance Department purchase and install the warning signs in the area of the turn.

Cindy Miller seconded the motion. All voted aye. Motion carried.

Ron Graver was present as a concerned member of St. Paul's UCC in Indianland. There

is a drainage basin located in the church parking lot, about eight feet from the edge of the

road, that is deteriorating and a safety hazard. The church was concerned about someone

getting hurt and contacted the Township. Alice Rehrig had provided them with a letter

that indicated that the Township was not responsible for that basin. He also spoke with

Keith Hantz about the basin and he thought it would be a Township issue. It was then

discussed at a Township meeting and it was decided that it was the church's

responsibility. Mr. Graver believes that the Township considers it to be the responsibility

of the church because the basin is located eight feet from the edge of the road. The basin

is located in this spot because it is the low point on Almond Road because of the banked

turn. This basin catches all the water coming down the hill on Almond Road. This basin

was installed back in the 60's by the Supervisors who were in office at that time. The

church had nothing to do with the project at that time. The water from this basin is piped

under Almond Road to another swale and stone wall to a basin collecting the water and

piping it under Maple Drive, then to another swale along Municipal Road. As a 60 year

member of the church, he is asking the Board to reconsider this decision. The church did

receive bids for this project. The cost would be $3,500. He doesn't believe the church

can afford this, nor does he believe it should be their responsibility. The contractor who

would be doing the work also thought this should have been a Township project. Mr.

Graver also noted that Township employees have been removing the debris that collects

on top of the grate. Keith Hantz commented he remembers this being discussed and both

Phil Malitsch and Frank Zamadics have looked at the basin, and the problem is that the

basin is located outside of the right of way. Attorney Backenstoe commented normally,

the Township cannot go onto private property. Mr. Graver commented that it was put

there by Township Supervisors 55 years ago and everything coming out of the grate goes

into a township drainage system. Frank Zamadics commented that if the grate is

overflowing from a rain storm, the crew most likely would clean the debris because of the

issues associated with the water backing up. The basin is located beyond the Township

right of way. Years ago, it was an open basin with stakes around it. He does not know

who or when the grate was actually set on the basin. Darryl Snover commented that if

the Township were to replace the basin, they would need to get an easement from the

Church and by the time the easement agreement is developed, there could be more than

$3,500 involved for the church between legal and engineering fees. Attorney

Backenstoe commented it is possible that the Township could have illegally done the

work as a favor to the church. Mr. Graver commented it wouldn't have been a favor to

the church because the basin is catching the water from the roadway. Darryl Snover

commented if a previous Board did something that was not right, how does this Board

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November 14, 2017

Page 22

correct it without getting into all types of agreements? Cindy Miller commented if there

are no easement agreements and something happens, it will come back to the Township.

As soon as the Township touches it, they become liable. Darryl Snover commented it

will be difficult to correct this without a cost beyond the basin itself. Keith Hantz

commented that he thought when this was discussed a year or so ago, the Township was

going to supply the material. Darryl Snover commented that he understands what is

being requested, and that a prior Board did something that shouldn't have been done and

now this Board needs to own up to it, but believes that there will be significant legal and

engineering expenses involved. Leo Livengood commented that the grate could also be

raised so the swale is not so deep. He understands the concern about liability, but it is

a simple fix. Phil Malitsch commented that it sounds like there are two different issues

involved. One would be an easement to do the work on the church property and the other

would be accepting dedication of the inlet. The Board will discuss this further at the next

meeting.

X. ADJOURN. Keith Hantz made a motion to adjourn. Blaine Holden the motion. All

voted aye. Motion carried.