LEHIGH TOWNSHIP BOARD OF SUPERVISORS

Minutes of the June 25, 2019, Meeting

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

monthly meeting on Tuesday, June 25, 2019, at 7:00 p.m. at the Lehigh Township

Municipal Building, 1069 Municipal Road, Walnutport. Present were Cindy Miller, Phil

Gogel, Mike Jones, Darryl Snover, and Keith Hantz, along with Attorney David

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

to order with the Pledge of Allegiance.

II. CONDITIONAL USE HEARING—LEHIGH VALLEY RESORT AND SPA. A

conditional use application was filed by Hilltop Center, LLC and the Jaindl Land

Company to have an Event Barn and Event Pad on the Lehigh Valley Report and Spa

property. There are three sections of the Zoning Ordinance that will be considered as part

of this application:

Section 180-18.1.C.5. This is one of the criteria in the Planned Residential Report

Community Zoning District which is the zoning district in which this plan is located. The

proposed use of an event barn and event pad or an event center are permitted uses within

the existing seminary building. Because the applicant is proposing these uses outside of

the existing building, conditional use approval is required as stated in the Zoning

Ordinance.

Section 180-54, Standards for Special exceptions and Conditional Uses. There are

several minor areas of this section that the Board would need to look at, but the most

important section to the applicant is the section that states no preliminary plan approval,

subdivision or land approval, can be granted by the Board of Supervisors where a

conditional use is necessary. This means that the Board of Supervisors cannot act on the

subdivision and land development aspect of a project until the conditional use hearing

has taken place and approval has been granted.

Section 188-128, Conditional Use Criteria. This section has several provisions which

need to be met which include, the Board cannot grant a conditional use application unless

they have a written review letter from the Planning Commission. There are different

aspects of what is required to be submitted as part of the application. Attorney

Backenstoe and the Zoning Officer have reviewed the application to ensure all of these

criteria have been met. There are general criteria which also need to be met, some of

which do not apply to this application. These criteria include the proposed use shall be

consistent with the purpose and intent of this chapter. the proposed use shall not detract

from the use and enjoyment of adjoining nearby properties, the proposed use will not

effect a change in the character of the subject property's neighborhood, adequate public

facilities are available to serve the proposed use such as sewer, water or other utilities,

compliance with the floodplain requirements which is not applicable for this application

since it is not within a flood plain, compliance with any specific criteria of the zoning

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June 25, 2019

Page 2

ordinance if it is applicable to the propose use, which in this case, there are no specific

criteria listed in the ordinance and that the proposed use will not substantially impair the

integrity of the Township's Comprehensive Plan. Through the witnesses, questions and

answers, and presentation of documents, the Board will need to decide if these criteria

have been met.

The burden is on the applicant to prove their case, but a conditional use is guided by the

same legal principles as a special exception, which is really a permitted use to which

conditions can be applied. Assuming the applicant can show the Board that he can meet

the general criteria that was previously discussed, their use would really be permitted.

The Board would have the right to attach conditions to the approval as they see

necessary. If there are objectors present, they would have the right to question the

witnesses and at the end of the applicant’s presentation, they would have the right to

make their own presentation. The only way a conditional use or special exception

application can really be defeated would be if the objector shows that this particular use

is more detrimental or harmful to the community than other uses like it.

The following exhibits are introduced by the Township into the record:

T1 The formal appeal petition that was filed.

T2 The memorandum from Zator Law with additional information.

T3 The waiver of time limitation which was submitted to the Township so that the

hearing could be held during this meeting.

T4 The legal notice which was posted on the property and a picture of the posting.

T5 The proof of publication from the advertisement.

T6 The review letter from the Planning Commission dated June 5, 2019.

Attorney Zator, legal counsel for the applicant, had no objection to the exhibits presented

by Attorney Backenstoe. In addition to Attorney Zator, David Jaindl, Adam Jaindl,

Howard Kutzler, Bruce Anderson, John McRoberts, Fred Ebert, and Marissa Harper were

present on behalf of the applicant. Attorney Zator requested that with respect to setting

conditions as part of the approval, he would request that there be dialog regarding any

conditions the Board may be considering as part of the approval process, other than the

water and sewer. They recognize that they need to provide for public water and sewer to

a project this size and have no objection to that being a condition of the approval.

Attorney Zator provided a packet of exhibits that were marked as exhibits A1 through

A12.

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Testimony of David Jaindl.

Exhibit A1 is an aerial rendering of the vision that Mr. Jaindl has for the property. Mr.

Jaindl acquired the property from the Diocese of Philadelphia and subsequently went

through a rezoning process and will be coming soon before the Board with his land

development plan. The existing seminary building is 124,000 square feet and the convent

building which is 9,000 square feet which will be the spa area. They are adding several

buildings on the outside which will be hotel uses, an event barn and event pad.

Exhibit A4 is a rendering of the proposed barn type structure. It will be post and beam

construction. He has previously salvaged old barn structures, but this one will be new. It

will be similar to his current office. The venue which they are trying to achieve is the

repurposing of a beautiful 124,000 square foot building and take advantage of their

experience in agriculture to create a farm to table event. They will be growing largely

organic crops, some convention crops, and some teaching to visitors. The building sits

on approximately 550 acres with approximately 140 acres of agriculture land. He is

looking to bring life back into the historic structure on this site. There were other parties

who were interested in this property, but they wanted to retain salvage rights which was a

disappointing option. When he purchased the property, he self-imposed a condition that

they would not demo the site because it was too nice of a building. Other historical sites

in the region have been demolished, such as Martin Towers or the State Hospital because

it didn’t make financial sense to rehab the structures. They looked at this differently.

When they first came before the Township, he said it needs to be a partnership between

them and the Township because it is a challenge and that has not changed.

Exhibit A5 is the proposed floor plan of the event barn. The rendering and floor plan

have not been finalized, but they are substantially close to what is envisioned.

Exhibit A6 is a type of tent that would be used on the event pad. The event pad could be

used as an ancillary use to the main structure or a separate function. It could also

possibly be used in conjunction with the Event Barn as part of a wedding venue.

The events that are envisioned for the Event Barn and the Event Pad are largely for

weddings as there is a beautiful chapel in the main building. There could also be fund

raising events, holiday parties, anniversaries, banquets, and other ancillary events other

than a wedding event. They are envisioning celebrating family, community, agriculture,

and general wellbeing. They are working with professionals for the management of the

site. They still intend on being involved with the project after it is up and running, but

have hired a professional group that has experience in managing facilities such as this to

handle the day to day operations. It will be focused on agriculture, which his people will

be directly involved with and it will supplement the management side of the facility. It

will be the farm to table and the venue.

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Exhibit A3 is the Planning Commission’s review letter (Also Township Exhibit T6).

This review letter comments on noise and whether there would be a need for additional

insulation in the Event Barn. He does not believe it will be necessary because of how far

from the property line the barn will be located, but they also recognize that they have an

obligation to minimize the noise at the property line and they will do so by fully

complying with the Township ordinances.

It was Mr. Jaindl’s goal to work as much as possible with the land as it exists and not

disturb more than what is necessary. They will have crop farming, small orchards, and

vineyards on existing grades. They are trying to limit the amount of cuts and fills that are

required as much as possible. The style of the barn is meant to be complimentary to the

existing structures. It will be consistent with the farm to table aspect and agriculture in

nature. That is why the structure is going to be detached and surrounded by the

agriculture.

Although the property is being referred to as the Lehigh Valley Resort and Spa, that will

not be the final name of the facility. The final name of the facility will be introduced at

the appropriate time and will be something consistent with the area. It will be a resort

with 206 or 207 rooms and a luxury spa. There will be some inside and outside facilities.

They will be taking two of the existing rooms and converting them into one room so there

will be approximately 43 rooms inside the building. It will be a wedding venue; the

chapel will be kept intact as much as they can; a banquet hall, event center, and hotel. It

will be a unique, world class facility that they hope to get started as early as this fall.

Elizabeth Skrapits, 311 Cherryville Road, asked how far the event barn will be from

Cherryville Road. Mr. Jaindl commented it is approximately 500 feet. Ms. Skrapits also

questioned what steps will be taken if an extra layer of insulation is not needed. Mr.

Jaindl commented they do not believe it will be necessary but they will be looking into it.

Ms. Skrapits noted that the acoustics are very odd on this property and feels research

needs to be done. Mr. Jaindl commented he understands the concern and they will be

looking into it.

Jerry Prichard, 4280 Cashew Drive, questioned of Mr. Jaindl ever foresees a casino

coming onto the site. Mr. Jaindl commented he doesn’t see it. It is not one of the

permitted using in the ordinance and not something that he would prefer.

Testimony of Bruce Anderson:

Mr. Anderson is a Senior Manager at the Pitcock Company. Exhibit A7 is Mr.

Anderson’s resume. Based upon Mr. Anderson’s resume and experience, it was agreed

that he could be considered an expert in civil engineering.

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Mr. Anderson testified that with the exception of the conditional use approval, the land

development plan set and the conditional use site plan meets zoning requirements.

Exhibit A8 is the site plan that was submitted as part of the applicant’s exhibit. Attorney

Zator noted that the site plan that was submitted is limited in scope because the purpose

of the conditional use hearing was for the Event Barn and the Event Pad, not the overall

project. They didn’t want to confuse matters by having the officially submitted

conditional use plan go beyond the Event Barn and Event Pad. In addition, there is a

provision in the ordinance that says if there is a material change to the site plan, then

there is a need to get a reapproval of the conditional use. Since the land development

review and approval process has not yet been completed, they didn’t want to have the site

plan reflect everything that is going on with the land development plan in case there is an

adjustment that needs to be made to the plan. The focus of this hearing is really on the

Event Barn and Event Pad.

In order to obtain conditional use approval, the applicant needs to demonstrate their

compliance with certain requirements of the ordinance. Mr. Anderson’s testimony

addressed these requirements as noted below.

Section 180-128.C.1. The requirement that what is being proposed is consistent with the

purpose and intent of the Zoning Ordinance as noted in Section 180-3 which reads the

Chapter is adopted for the purpose of promoting the health, safety, and general welfare of

the community and to further the following specific objectives:

A. To guide and regulate the orderly growth, development, and redevelopment of the

Township in accordance with a comprehensive plan of long term objectives,

principals, and standards benefitial to the interest and welfare of the people. The

proposed use is consistent with this because it is a component of the

redevelopment of this tract, the repurposing of the Seminary Building. Even

though they are a separate structure, they are still part of the redevelopment and

the comprehensive planning of this tract is embodied within the ordinance that

was passed to have this use within the PRRC Zone. What is being proposed is

consistent with the PRRC amendment to the Zoning Ordinance.

B. To protect the established character and social and economic well being of both

public and private property. This proposal is consistent with this by the nature of

this development because it tends not to concentrate the development and

therefore protects the well being of the private property. The buffers, berms, and

landscaping will also protect the private property. The development will also be

improving the public roadway, Cherryville Road. It will also be enhancing the

utility structure within the Township as well.

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C. To promote in the public interest utilization of land for uses which it is most

appropriate. The proposal fosters this by the use being imbodied within the

PRRC ordinance where it envisions the repurposing and redevelopment of this

site.

D. To secure safety from fire, panic, and other dangers and to provide adequate light,

air, and convenience of access. The plan for the proposed use has been reviewed

by the Fire Marshall and determined to be adequate. It also is spread over the

acreage so it is not confined or concentrated in one area and therefore allows for

the light and air. The convenience of access is demonstrated by the roadways of

the development, trying to follow the topography of the site and minimizing the

number of cuts and fills.

E To prevent overcrowding of land or buildings and to avoid undue concentration of

Population. The proposal meets this requirement because of the uses being spread

out, away from a concentrated focus. It doesn’t overcrowd the land; it works with

the land. It will be a vastly open area even after the project. Crops and vineyards

will be integrated on the site. There will be an agricultural element amongst the

buildings and paths.

F. To lessen and, where possible, to prevent traffic congestion on public streets and

highways. This requirement will be met with the widening of Cherryville Road to

provide a left and right turn lane into the facility allowing the through traffic on

Cherryville Road to be unimpeded. The development’s traffic has been included

in the Township’s Act 209, overall traffic study and the study was developed

using the resort’s traffic figures.

G. To conserve the value of buildings and to enhance the value of land throughout

the Township. This is met because the repurposing of the Seminary was the

driving force though this whole development. It’s whole genesis is to save the

building and increase its value from the neglected building. The value of the land

is exhibited by the agriculture which is envisioned for the remaining areas around

the buildings. The Event Barn and Event Pad are an integrated portion of the

overall project.

Section 180-128.C.2. The proposed use shall not detract from the use and enjoyment of

adjoining nearby properties. The separate natures of the two facilities will not crowd the

property. They are situated so as to not obstruct any views from or of the property and

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not to impair the use of the adjoining properties. It’s a large tract on a hilltop and being

used as gently as they possibly can.

Section 180-128.C.3. The proposed use will not effect a change in the character of the

subject property's neighborhood. The Event Barn and Event Pad are complimentary uses

to the resort function of the facility. Buffers and landscaping have been included and

they will comply with the pertinent noise ordinance. It is believed that the character of

the neighborhood was taken into account when the PRRC zoning district was developed.

Section 180-128.C.4. Adequate public facilities are available to serve the proposed use

(e.g., schools; fire, police, and ambulance protection; sewer, water, and other utilities;

vehicular access; etc.). The requirements of this section will be met and further discussed

when Fred Ebert testifies. The public utilities are integral to the project.

Section 180-128.C.5. The application complies with the requirements of Floodplain

Management. This is not applicable to this application. The Event Barn and Event Pad

are not located within a floodplain.

Section 180-128.C.6. The proposed use shall comply with those criteria specifically

listed and all other applicable regulations of the Zoning Ordinance. The Event Barn and

Event Pad will comply with all over requirement of the ordinance.

Section 180-128.C.7. The proposed use will not substantially impair the integrity of the

Township's Comprehensive Plan. The process of adopting the PRRC zoning ordinance

had to take the Comprehensive Plan into consideration. This particular use came directly

from the process and the PRRC ordinance. It will enhance the natural surroundings by

bringing in the agriculture which is currently on the site as well as bring jobs to the

Towship and a financial boost. It is intended to be a premier facility and enhance the

previously underutilized seminary building.

Attorney Zator noted that these forgoing requirements are subjective in nature and

because there are no objective criteria in the ordinance, there is nothing additional the

applicant needs to prove. However, recognizing the ordinance’s provision requiring the

Planning Commission to prepare a report, there are certain things that the Planners are to

consider in doing that. The advisory report from the Planning Commission is to address

items such as location of the use in relation to the needs and growth pattern of the

Township, adequacy of the site area and arrangement of the buildings, driveways,

parking areas, off street truck loading spaces and other pertinent features of the plan.

Some of these items have been commented on in the Planning Commission’s letter and

some haven’t. He suggested the items that were not commented on, the compliance is

self-evident.

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With regard to the location of the conditional use in relationship to the needs and growth

pattern of the Township, the anticipated traffic to be generated by this development has

been included in the Township’s Act 209 study and the uses were anticipated in the

PRRC ordinance.

In regard to the adequacy of the site area and the arrangement of the buildings, the

existing principal uses of the seminary and spa are already there. The Event Barn and

Event Pad are located nearby so that they are complimentary to the main buildings. They

haven’t been placed in a tight cluster at the top of the hill. They are working together

with the topography. The site triangles at intersections, curvatures, and cross sections

have been studied by the Planning Commission. The Fire Marshal has also reviewed the

plan.

Item 4 in the Planning Commission letter relates to no off street parking on the paved

paths. The applicant began the process by complying with the parking requirements that

are needed for this facility and have demonstrated on the overall site plan that total

parking requirements are met. Because this is an integrated facility, the parking lots will

be shared amongst the various venues, including the Event Barn and Event Pad. There

will be attendants directing the people into which parking lot people need to park in and

the paths are there for pedestrians to traverse and are only eight feet wide so there really

is not a place for people to pull off and park. The fire lane that goes around the southeast

side starts out at 20 feet of paved area and transitions to 15 feet of paved area and 5 feet

of reinforced turf strong enough to support wheel loads of the fire vehicles. The Fire

Marshall has concurred with this arrangement. This fire route will be designated as

emergency vehicles only and for staff vehicles to move around the site. Parking will be

prohibited.

Item 8 in the Planning Commission letter relates to loading and unloading at the service

barn only and Item 5 requires the construction of the service barn simultaneously or prior

to the use of the Event Barn or Pad. The Service Barn is located to the north of the Event

Barn and its purpose is to receive deliveries from off site suppliers. The deliveries will

be broken down for distribution around the site by smaller vehicles. The Event Barn will

not be receiving deliveries from off site tractor trailers. The vehicles that will be

transferring the supplies around the site will be much smaller. The trash management

will be in the Service Barn. Trash will be removed from the Event Barn and brought to

the Service Barn. The belief of the comment that loading and unloading will only take

place at the Service Barn was that it was aimed at off site tractor trailer trucks. There will

need to be smaller trucks maneuvering throughout the site to deliver supplies.

Pertinent features of the site are also to be considered. There is a water feature labeled on

the site plan as proposed detention/retention basin, but in reality, it will be an amenity

and a hopefully a suitable photographic viewpoint. It is intended to be an attractive

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landscaped space that will also function as a detention basin. There will also be buffering

and landscaping between Cherryville Road and the Event Barn driveway. There will be

paved paths that allow pedestrians to traverse the site.

Item 3 on the Planning Commission report requires a snow removal area be provided.

The principle detriment of plowing snow is that is usually takes up parking spaces. They

have plenty of area outside the parking lots so they don’t necessarily need to leave snow

on the parking areas. There will be areas shown on the plan.

Phil Gogel requested clarification on the 20 foot roadway which will decrease to 15 feet.

Mr. Anderson commented it will start at 20 feet at the east end of the service area to the

Event Barn and extend to the first intersection of the pedestrian path. At that point, it will

transition to the 15 foot driveway to the back of the new hotel segments. It will be 15

feet of paved area and then 5 feet of reinforced turn. They are trying to be functional and

work with the site. Aesthetics are also important.

Adam Raker, 1120 Municipal Road, commented it was testified that the site will be

compliant with all other aspects of the Zoning Ordinance. Have there been or will there

be additional variances requested. Mr. Anderson commented the variances that were

needed were already granted. Mr. Raker also requested that the exhibits that the Board

had be made available for the public to see during the hearing. Mr. Anderson reviewed

the exhibits and also offered Sheet 7 of the full land development plan set (last revised

June 17, 2019) as an additional exhibit to show the overall layout of the site. This will be

Exhibit A13.

Cindy Miller commented in looking at Exhibit A8, there is a shaded area shown on the

plan near the kitchen area. Will this be the proposed area for delivery of supplies and

how will the vehicles travel through the site to get there? Bruce Anderson commented

they will go back and forth between the Event Barn and the Service Barn without going

on Cherryville Road. They will follow the service driveway and the Event Barn

driveway to access the delivery side of the Event Barn. Cindy Miller also questioned the

type of vehicles that will be making the deliveries to the Event Barn. Mr. Anderson

commented it could be a variety ranging from a golf cart size, gators, pickups. David

Jaindl commented it could possibly be a straight type of truck, but most likely pick up.

Jerry Pritchard, 4280 Cashew Drive, questioned who will pay for the cost of the turning

lanes. Mr. Anderson commented it will be the developer. Mr. Pritchard also questioned

who will maintain the turning lanes once they are installed. Mr. Anderson commented

the Towship will be maintaining them. Mr. Pritchard questioned if there are intentions of

providing an additional access in and out of the site as this project progresses. Mr.

Anderson acknowledged there will be an additional access.

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Beth Trexler, 255 Cherryville Road, commented their home is level with Cherryville

Road; it doesn’t sit below the road like the other homes on that lane. With the parking lot

being built up by ten or twelve feet, they have a concern with the headlights shining into

their second floor. Why does the parking lot need to sit up the ten to twelve feet? Mr.

Anderson commented it is because of the terrain. The terrain rises the further east you go

on the site, so rather than cutting the lot down, they are going to terrace it into the higher

elevation of the site. There will be greenery around the parking lot. They are not

anticipating any issues with lights shining into the homes.

Ed Ziegler, 248 North Walnut Street, Slatington, questioned if there will be a heliport on

this site. David Jaindl commented they are not proposing one at this point. Mr. Ziegler

questioned if there will be an ambulance on site during large events. Mr. Jaindl

commented he doesn’t anticipate having an ambulance on site, but if it is needed for the

event, he will.

Mike Jones questioned if the parking lot lights and Event Barn lights will be on a timer

and automatically shut down at a certain time. Mr. Anderson commented they will more

than likely economize the use of electric lights whenever possible, but they will need to

balance it with access and safety. If they can go dim or dark, they will.

Phil Gogel questioned what the elevation of the parking lot is compared to the street Mr.

Anderson commented it is eight to ten feet higher. Phil Gogel noted he can understand

why there would be a concern regarding the lights.

Testimony of Fred Ebert:

Fred Ebert is the President of Ebert Engineering. Exhibit A9 is Mr. Ebert’s resume. Mr.

Ebert is a professional engineer with an area of expertise in water and waste water

engineering. Based upon Mr. Ebert’s resume and experience, it was agreed that he could

be considered an expert in this field.

At this stage of the approval process, not having any plans approved, feasibility is the

normal standard pertaining to water and sewer. For this development, they have far

exceeded this and gone down the approval process pretty extensively with both the water

and sewer and procuring it to the point of implementation, rather than just feasibility.

Addressing Comment 6 in the Planning Commission’s letter which indicates that

approval should be conditioned upon final agreements for water and sewer. The status of

the sewerage for this project is that there will be 34,650 gallons of sewerage generated

per day for the first phase of the project. It will go down by a combination small low

pressure and gravity system to the existing Pennsville Treatment system. The existing

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treatment plant has enough capacity to serve this phase of the project. The treatment

plant rated capacity is 60,000 per day and they are currently using 15,000 gallons per day.

The developer has executed an agreement with the Lehigh Township Municipal

Authority to reserve capacity of 35,000 per day. This agreement is Exhibit A11. They

have also gone as far to submit and start the approval process with the Pennsylvania

Department of Environmental Protection with a sewage facilities planning module. They

had a joint meeting with the PA DEP and the Municipal Authority where they reviewed

the flows and confirmed that the Planning Module is the correct method to go through.

They will be installing a small pump station at the treatment plant. DEP was so

supportive of their Planning Module that they are allowing them to do a concurrent

review of the construction of this along with the module. They went through all their

proposed flow calculations for the uses so that DEP agrees with the amount of flows that

will be generated. They didn’t want to get to the end of the process and find out that DEP

didn’t agree with their flow calculations and they needed to reserve more capacity. They

also discussed future phases of this project. Right now, everything from a waste water

aspect can be contained without an expansion of the existing treatment plant. The only

thing they need to do is install an inflow pump station.

The water will be an interconnection with the City of Bethlehem. Lehigh Township is

located within the PUC franchise area of the City of Bethlehem. There is a draft inter

municipal agreement or bulk water agreement, that has been prepared by the City of

Bethlehem and given to the Municipal Authority. The City of Bethlehem has prepared a

will serve letter certifying they have the capacity to service them for both domestic

drinking water and fire protection needs. This letter is Exhibit A10. There are three off

site easements that will be required. There also is one off site agreement for wastewater

as well. They have agreements in writing with those property owners to obtain the

easements. Once the complete design process and Township approval process has been

completed, they will finalize the easements and have them recorded. At the June meeting

of the Municipal Authority, they authorized their solicitor to prepare a will serve letter

that they will provide water in accordance with the City of Bethlehem agreement. They

have also certified capacity for the waste water treatment plant as part of the planning

module process. The key components of the water and sewer needs are that they have

obtained capacity for water and sewer, obtained all off site easements, and met with the

regulatory body, DEP, so that they know the appropriate forms and regulatory process

and share all important facts with them so that the developer understands what approvals

will be needed. Every meeting they have, they have the Authority present.

Attorney Backenstoe requested clarification on the sewer capacity agreement with the

Municipality. Was this agreement for the first phase? Mr. Ebert confirmed it was for the

first phase and the first phase included the entire land development that was referred to

by Mr. Anderson, A13, approximately 12.7 acres of non-residential use, including the

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Event Barn and Pad. Attorney Backenstoe questioned if there is anticipated further

residential development for this project? Attorney Zator commented there is not a

residential component with the current plan, but it would be fair to say that there would

be a residential component to a future phase. Attorney Backenstoe questioned if the

future phase will require an expansion of the sewer plant. Mr. Ebert commented an

expansion will be required. The ultimate the buildout of the entire property, including a

portion in Allen Township will require approximately 200,000 gallons per day. The

existing treatment plant has a 60,000 gallon per day capacity. They will be working with

the Authority regarding extra capacity. They have obligated to build a plant which will

accommodate 260,000 gallons per day. If the Authority does not want the extra capacity,

they will not build it. The development plans for this have not been submitted to the

Township for consideration at this time. Attorney Backenstoe questioned if this current

phase is dependent upon any future phase or will it be able to stand alone throughout

time. Mr. Ebert commented that the intention is to build the future phases, but it is his

understanding that this phase is able to stand alone.

Attorney Backenstoe also requested clarification regarding the water service to the site.

He noted there is a will serve letter from the City of Bethlehem, but they will not be

providing the water directly to the developer. They are actually providing the water to

the Municipal Authority. Mr. Ebert commented once the project is built, they will

become customers of the Towship Municipal Authority. The bulk purchase agreement is

between the City of Bethlehem and the Lehigh Township Municipal Authority. The

Municipal Authority will purchase the water in bulk from the City of Bethlehem, then

resell the water to the development as their customer. Attorney Backenstoe questioned if

there is a will serve letter from the Municipal Authority. Mr. Ebert commented they do

not physically have it at this time. At the June 6 meeting of the Municipal Authority,

they authorized their engineer to prepare the will serve letter, to be approved by their

solicitor, and subsequently provided to the developer. They anticipate receiving this

letter by Friday. The bulk water service agreement with the City of Bethlehem has been

received by the Municipal Authority in draft. Attorney Backenstoe questioned how the

water will be getting to the project site. He didn’t recall it being included with any of the

submissions. Mr. Ebert commented they did not previously provide this because at the

time of submission, they had not received all of the easements. Since that time, they have

received all the easements. The lines will travers across the farm fields. There is a City

of Bethlehem low pressure water main coming out of their reservoir by an identified

connection point. At this connection point, there will be a meter pit installed. This will

be the transition from the City of Bethlehem to the Lehigh Township Municipal

Authority. The developer will install it going off road, around the farm field, following

an electric powerline, going underneath the creek. They will put a water booster station

on the Pennsville treatment plant property. It will then be conveyed through another

offsite easement onto the Jaindl property. It will be designed to meet all the operating

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pressures at the Seminary which is the highest building at the highest point of the

property. All the easements that are necessary to execute this plan have been secured, but

not recorded. They do have an agreement with all the parties subject to any final

revisions that may happen during the final plan development process. The only roadway

effected by this will be Indiantrail Road where they will need to transverse the roadway.

Cindy Miller questioned if there is an expansion that needs to be done physically to the

existing plant building for Phase 1 and then for Phase 2. Mr. Ebert commented in Phase

1, the plant won’t need to be expanded, but because they are coming in by gravity, they

will be installing a pump station for the waste water on the Pennsville Waste Water

Treatment Plant property. They are working with the Authority so they can potentially

phase out their existing pump station and come into that by gravity. There will also be a

water booster station on the Pennsville Treatment Plant property, which currently is

actually the Township’s land. They will need to do a lot line adjustment with the

Township. They are also proposing to place an emergency generator on the site that will

be sized for the ultimate build out of the treatment plant site . They would be phasing out

the authorities existing older generator now and replacing it with a new oversized

generator for the new treatment plant, the water booster station and the existing treatment

so that they wouldn’t be doing things twice. Cindy Miller questioned how much land

will be needed from the Township to do this. Mr. Ebert commented they have met with

the Authority and the lot size they would like would be approximately two acres. This

would provide for the expansion of the treatment plant, the water booster station, the

pump station and stormwater management facilities. The Authority wanted to have room

for future expansion as needed in the future so that they wouldn’t need to do another lot

line adjustment. They have a water and sewer subcommittee that meets one a month and

they are attending the Authority’s meetings monthly which results in meeting with them

every two weeks. Based on Mr. Ebert’s recollection from the joint meeting that was held

between the Municipal Authority and the Board of Supervisors, the Supervisors asked for

the recommendation of the Authority. They wanted the developer to work with Authority

and then have the Authority come back to the Board of Supervisors with a

recommendation as to how much land was needed. The amount of land and the lot line

adjustment is ultimately a decision between the Authority and the Township. The

developer will never own the land. The developer is only doing the construction. They

are working with the Authority’s engineer. The Authority’s engineer will be doing the

engineering for the lot line adjustment plan since it will ultimately be theirs. His

company will be doing the mechanical design for the site. Cindy Miller commented that

the Township would then need to agree with the Municipal Authority’s recommendation

to give the land before this could move forward. Mr. Ebert commented that was correct.

The first step in the process, at the direction of the Board of Supervisors, by motion at the

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June 25, 2019

Page 14

meeting, for all the facilities to be located on a single location by the Authority’s existing

property. The direction was to come back with a recommendation of how much land

they want for consideration by the Board of Supervisors.

Mike Jones questioned if the two acres was the total amount of land that was needed or

an additional amount of land that is needed. Mr. Ebert commented it is an additional

amount of land. The actual size of the land is 1.89 acres. The improvement would fit on

1.5 acres of land, but to make a better shaped lot, they squared it off.

Cindy Miller questioned if the Municipal Authority has figured out how they will

maintain the piping. Mr. Ebert commented the questions pertained to accessing the pipe

with the slopes. They have provided the Authority with profiles of how they would be

accessing the pipe. The concern was the mowing of the easement because they should be

done once or twice per year and they don’t have a four wheel drive truck. Mr. Ebert

explained to them that this is a common issue amongst authorities. The maintenance of

the easements becomes a contracted service with either a local farmer or someone else

who is contracted to maintain the easement and mow it with a brush hog twice a year. In

most cases, it is not a prudent decision to own the tractor that is needed to access these

easements. While the hillside is steep, you are accessing it from the side so there is only

a five to seven percent grade all the way up except for the last little bit, right behind the

hotel where it is steep, but a very short run. The profiles and access were discussed with

the Authority at length. Their greatest concern was with the amount of equipment they

thought would need to be purchased to maintain the easements. Once they learned how

other authorities handle this type of situation, the comfort level increased. They are also

going to be flagging the easements and walking it with as least two of the Board members

prior to this being completed so they not only see it on the plan but also in the field.

Sandy Hopkins, 1187 Oak Road, noted that after the 35,000 gallons has been allocated to

the development, there will only be 10,000 gallons remaining for any additional

development. Mr. Ebert commented that would be correct for the defined public sewer

service area of the Pennsville plant. There has not been any new connections or

development lands besides this project in the existing service area, but they are still

providing the 10,000 gallons of unallocated sewage. Sandy Hopkins commented just

because there hasn’t been any development, doesn’t mean there won’t be with all the

farm lands around the area. Mr. Ebert commented those farmlands may not be or most

likely are not included in the public sewer service area. In order to be included in the

area, they would need to go to the Township first and requests to be added to the area and

then get approval by DEP. Just because farmlands are located adjacent or nearby doesn’t

mean they have the right of public sewer service. They would have to go through the

process to be put in there. When the treatment plan was sized, it was sized for the

Pennsville area and basically this property. Ms. Hopkins questioned the projections for

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June 25, 2019

Page 15

the build out of the land. Mr. Ebert commented that the total projected sewage needs for

lands that are owned by Jaindl Land Development Company in both Lehigh and Allen

Township’s is a total of 200,000 gallons per day. This total is subject to full land

development approval and facilities approval.

Cindy Miller commented the concern with the removal of sludge from the facility was

discussed during the joint meeting. Has there been a determination on this? Mr. Ebert

commented the Municipal Authority’s plan is not to land apply it or use reed beds, but to

haul it as liquid sludge to the Lehigh County Authority. That is the direction and selected

alternative right now of the Authority. They believe the most cost effective means for

them to handle the sludge, based on the recommendation of the operator and the engineer,

was to have it removed as a liquid, aerobically digested to reduce the volume and haul it

away to another facility for disposal.

Adam Raker, 1120 Municipal Road, questioned where the easement that will need to be

mowed are located in relationship to the project and the current facility. Mr. Ebert

commented on they are located on lands owned by Jaindl Land Development Company.

They are currently areas not developed, but some of them can and will be developed and

others will most likely never be developed. They will be transitioning from a wooded

condition to a meadow condition to a lawn condition. Mr. Raker questioned where the

Authority’s responsibility would pick up within the easement. Mr. Ebert commented it

will be the easement area. They will be offering for dedication all the sanitary sewage

facilities and the water main from the treatment plant or source all the way up into the

development. The water and sewer easements will be 30 feet wide and if it is only water

or only sewer, they will be 20 feet wide. The Authority would maintain whatever is

located within the easement. They would not be responsible for maintaining any sewer

laterals outside the easement area going into private buildings. These would remain

private like in any other public utility. Mr. Raker commented he was not understanding

why the Municipal Authority would be responsible for lines on private property. Mr.

Ebert commented the development would be customers of the Authority; no different

than anyone else in the service area. In addition, it is required by DEP that the mains are

municipal ownership. All the mains have to be dedicated to the Municipality. When

they met with DEP, that was one of their primary points, that they would be dedicating

and the Authority was accepting of the mains. Otherwise, it would have been mandated

because there will potentially be residential customers owning the properties and they

want to be certain that it will be maintained to a municipal standard. Mr. Raker

questioned if the developer will be responsible for a greater rate or increased maintenance

cost because to serve the project, a pipe is being run that the Authority will now be

responsible for and other people may or may not be able to tap into it. Mr. Ebert

commented the benefit to the Authority is that they are getting an asset donated to them

for free and are also getting the customers. It could be set up as a separate rate district so

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June 25, 2019

Page 16

that it is set up so that the customers are paying for their service area. The rate would

include a capital replacement amount so that there is money available for future

replacement. Mr. Raker noted the replacement cost will be much greater in the future,

especially if there is not an increased rate. Mr. Ebert commented that is why the line

must be installed and built to Authority standards, just like they were building the line

themselves. The design will be approved by the Authority and the construction will be

inspected by the Authority to meet their standards. There would also be a maintenance

period from the initial installation. The maintenance and repair of this main would be no

different than any other sewer main. Mr. Raker commented there will be an easement to

be maintained as well as the entire length of main but yet there will not be an additional

rate charged. Mr. Ebert commented the project will have to subsidize the rate. The

project will need to stand on its own. For right now, there may be an unusual amount of

main that is being run, but when the residential component is complete, there will be less

linear feet per property than a normal municipal system. This is why it is set up as a

separate rate district so that one district does have to subsidize another district. Mr.

Raker commented he is glad this project is here and hopes it moves forward.

Paul Nikisher, 668 Lone Lane Road, questioned what the distance of the easement that

the Authority will be responsible for. Mr. Ebert commented the length of the main is

over a mile long. Mr. Nikisher questioned what the distance is between the main and the

private service. Mr. Ebert commented the Authority would be responsible for the main

and the lateral to a point approximately 10 feet from the side of the easement. At that

point it would become a private line, just like any other home. The right of way line is

the dividing line between the public and private laterals. Mr. Nikisher questioned if the

line that is running on Mr. Jaindl’s property wouldn’t be private. Mr. Ebert commented

that the main line that is being run in the easement will be dedicated to the Authority as a

public line. This dedicated line will run next to properties that Mr. Jaindl will be

subdividing into smaller lots. Once everything is done, it will look like a more traditional

layout, but right now, you are running a line over a large field which is not subdivided.

This area will eventually be subdivided into numerous lots and future property owners. If

after the maintenance period ends, and the resort is the only customer on the system and a

repair is needed and it causes a rate increase, the rates for the resort will end up

increasing. Things break which is why there is a projected capital improvement amount

included in the rates so that over time, the cost of the repair is easier to afford.

Phil Gogel commented until the development goes through Phase 2, there will really only

be one customer or entity being served. There are no guarantees that the residential or

second phase will happen. Mr. Ebert commented that is correct; if there is only one

customer, the entire operating budget of the water and sewer system will be borne by that

customer. David Jaindl noted that this one customer is the equivalent of 137 residential

customers. Mr. Ebert noted that the rate for the system will be set at an amount that is

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June 25, 2019

Page 17

needed to operate the system in Phase 1. This would be no different than the Cherryville

system other than there is a greater water supply and the ability to offer fire protection.

Testimony of Howard Kutzler:

Howard Kutzler is the Land Use Manager at the Jaindl Land Company. Exhibit A12 is

Mr. Kutzler’s resume. He has over 30 years of professional private and public experience

in land use planning and implementation, as well as the delivery of planning and zoning

and emergency services. Mr. Kutzler also has the AICP credential which is a

certification from the American Institute of Certified Planners, a division of the American

Planning Association. Mr. Kutzler also had prior service with the Lehigh Valley

Planning Commission, Director of Planning and Development for Municipalities, and a

Manager of two different Townships. Based upon Mr. Kutzler’s resume and experience,

it was agreed that he could be considered an expert in land planning and land use

development.

Mr. Kutzler noted that this project will not generate any school aged children.

With regard to Item 2 in the Planning Commission’s review letter pertaining to Fire

Safety and Item 7 pertaining to the approval of the paths by the Fire Marshall, the project

has had several reviews by the Fire Marshall. After his initial review, they had obtained

the services of a local fire code and delivery of services expert. They have met two times

with the Fire Marshall and had several calls with the Fire Marshall. They have worked to

have the plans revised to address his comments regarding having fire access to the site, to

the Event Barn and to the Event Pad. They have most recently had his comments

memorialized in their May submission to the Planning Commission review and they are

awaiting his subsequent review letter. They believe they have addressed all of the

comments and concerns of the Fire Marshall. If there would be more items that he feels

needs to be addressed, the developer will have them addressed. There was support of the

project by the Fire Marshall provided his comments were addressed.

Lehigh Township is not a high crime area and served by their own Police Department and

have back up support by numerous local departments and Pennsylvania State police. The

Township is served primarily by Northampton Regional Emergency Service which is an

advanced life support service which operates full time. They also do stand by services if

it is needed for a major event. The area is well served by emergency services and in

collaboration with the Fire Department, this facility will be well served.

Attorney Backenstoe questioned what the foot print of the proposed barn will be.

Attorney Zator commented it will be 15,000 square feet. It is also depicted on the Exhibit

that was submitted. The Event Pad will be 100 feet by 120 feet.

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June 25, 2019

Page 18

Attorney Zator requested the Exhibit that were presented be admitted into the record.

There was no objection to this and the exhibits were accepted.

Attorney Zator commented he believes they have met all the standards of the ordinance

for the proposed conditional use of an Event Barn and Event Pad. He did note that they

technically were subjective standards and doesn’t believe there was any testimony that

was adverse to this application.

The evidentiary portion of the record was closed.

Attorney Backenstoe commented the Board can now deliberate, propose condition and

interact with the applicant to determine if the conditions are acceptable because the board

does have the right to approve it and place conditions; however, if the conditions are not

acceptable to the applicant, they can object and file an appeal. It doesn’t mean the

condition cannot be placed; it just means that the applicant has the right to file the appeal

with the court of common pleas. The Board would have the option to deny the

application and state the reasons on the record, approve the application, or approve the

application with conditions. This wouldn’t have to be done tonight, but it would need to

be done in the near future because he would need enough time to provide the written

decision to the applicant within 45 days of tonight.

Attorney Backenstoe noted that some of the conditions the Board may want to consider

would be the incorporation of the Planning Commission recommendation, compliance

with the SALDO, compliance with the Zoning Ordinance, and it be conditioned upon

providing adequate facilities, particularly in respect to the public water and sewer to the

site. As part of the water and sewer, the Board would want to confirm the agreement

between our Municipal Authority and the applicant for adequate service. What will be

happing in the future will need to be discussed, but right now the Board is looking only at

Phase 1, in particular the use of the Event Barn and Pad. The Board does have the right

to imply a condition that there is adequate water and sewer service for the use.

Phil Malitsch commented typically the will serve letters are in hand when an applicant

comes into a hearing like this. This is unique in that the development is more than just

the reason for the conditional use hearing; there is a lot more to it. From a capacity

standpoint, this is a small portion of a larger scheme. He believes the Board needs to

give it the appropriate weight with respect to the complications of these issues. He

doesn’t believe the Board has heard anything to indicate that these things will not happen.

The Board may want to consider a condition that the off site extension is promptly

provided to the Township since it does have the potential to impact Township roads in

some capacity. If the facilities cannot be installed where it is intended, there could be a

problem with providing them to the site. The residents correctly had concerns regarding

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June 25, 2019

Page 19

headlight glare and buffering. The Planning Commission has covered these issues

extensively beyond the advisory report that was provide for the hearing. There is

additional detail provided on the site plan to help mitigate these issues.

Darryl Snover commented that as he looked over the list of items in the Planning

Commission’s letter, it seems as though the applicant has largely met or agreed to

everything listed in the letter. The only thing he didn’t recall being specifically addressed

was Item 5 which says the Service Barn shall be constructed simultaneously with or prior

to the use with the Event Barn or Event Pad. Mr. Jaindl commented that would be their

intention.

Mr. Jaindl addressed the conditions listed in the Planning Commission’s letter as follows:

No. 1. If it is determined that additional soundproofing insulation is needed, they

certainly will put it in, but they don’t want it listed as a condition. Darryl Snover

commented he tended to agree because 500 feet is a long distance and looking at

the size, it doesn’t appear as though you would be having the larger concert type

bands.

No. 2. They absolutely agree with.

No. 3. The Planning Commission’s concern is they don’t want snow stacked on parking

spaces, but in the winter time when the snow events occur, the capacity of the

barn and pad is much less. If the Board really wants this, they will comply with

it, but they don’t believe it is necessary. If there is snow on the parking spaces, it

affects them. They don’t want to keep customers out, but in the winter the

capacity is approximately 60 percent less than what it is in the summer, even on

the best day. Darryl Snover commented in his opinion, what they do with the

snow on their land is up to them.

No. 4. No off street parking on the paved paths makes good sense.

No. 5. The construction of the Service Barn simultaneously with the Event Barn is

largely not an issue, but their focus is primarily on getting the Event Barn going.

This is consistent with the concerns with No. 8 where the loading and unloading

will take place at the Service Barn. There could be circumstances where it would

make sense to have straight body truck, a 24’ box truck, not a tractor trailer,

deliver something such as furniture directly to the event barn. It would be a

smarter way of doing things in certain circumstances. They would prefer to have

No. 8 stricken.

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June 25, 2019

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Darryl Snover questioned if Mr. Jaindl saw an issue with having the public

utilities available for the event barn. Could the Event Barn function on its own

without the utilities being in place. Mr. Jaindl commented it could, but it is

doubtful because he doesn’t see the Event Barn without the rest of the facility.

Their game plan is to build the rest of the facility and they need public water and

sewer for that.

Phil Gogel questioned whether a noise study should be done. Phil Malitsch

commented there was a lot of discussion about this at the Planning Commission

meeting. Mr. Jaindl commented they have agreed to comply with the Township

ordinances as far as decibel levels at the Township line. If for some reason, they

do not comply, they will make the necessary changes to comply.

Phil Gogel also questioned what is being done regarding the light pollution for the

residents who live across Cherryville Road from the project. Could there be

some type of temporary barrier, like a four foot tall hard barrier, be installed until

the greenery and shrubbery comes in? Mr. Jaindl would prefer not to. He wants

to screen it naturally. A barrier is not the best things aesthetically. There are

other things they can look into. They are intending on having a berm along

Cherryville Road. Phil Gogel commented the lights could still be an issue until

everything matures. Mr. Jaindl commented he plans on being a good neighbor. If

there is a concern, he will absolutely address it. At this point, he can’t say just

how. The 4 foot unnatural barrier doesn’t work at this point, but maybe there is

something else they can do if there is a particular resident that is inflicted by

excessive headlights. Phil Gogel suggested possibly adding additional berming to

the area. Mr. Jaindl commented that could possibly be an option. At this point,

we would request it be accepted as proposed, and he will address it if there is a

particular issue that develops. Phil Malitsch suggested a general condition could

be added that landscaping be provided along Cherryville Road to sufficiently

screen adjoining properties from headlight glare. There is a lot of landscaping

being proposed, but the ordinance requires that there not be too much to obstruct

views of the Seminary. The key will be finding the balance point. Based on what

was provided on the plans so far, he does believe this will be achieved. Mr. Jaindl

commented he would like to build it as proposed and if there is a problem, he is

only a phone call away.

Cindy Miller questioned the intent of the Service barn. At the Planning meeting,

it was discussed that the Service Barn is for the receiving of supplies and to make

the food and deliver it to the Event Barn. Mr. Jaindl commented the Service Barn

is generally a supply house. The supplies will be delivered there and then

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June 25, 2019

Page 21

distributed as need throughout the site. There will not be any food made in the

Service Barn. Cindy Miller commented she believes the Planners wanted the

Service Barn and the Event Barn simultaneously because you would need the

Service Barn to receive the supplies for distribution. Mr. Jaindl commented in his

opinion it is too much big brother. They know what they need on the site. They

will ultimately build the Service Barn, but they don’t want the Service Barn police

to come out if there is a straight struck delivering something to the Event Barn. If

there is a larger load, it may be better and more efficient for the truck to go

directly to the Event Barn. It will not be tractor trailers because he doesn’t want

them going to the Event Barn. Phil Malitsch commented the ordinance requires

that a site be able to facilitate the vehicles making the delivery. It can be required

that the Event Barn be equipped with the appropriate size loading area for the

deliveries that it will receive. It just needs to be planned for. Darryl Snover

commented he doesn’t want to impose what can or can’t come within the property

because Mr. Jaindl is the one who must live with what is allowed in. Cindy

Miller commented there is a loading dock ordinance that he would need to

comply with. Phil Malitsch commented that if the Board is okay with Mr. Jaindl

just complying with the loading dock ordinance, then Item 8 can be removed.

Keith Hantz made a motion to grant conditional use approval for the Event Barn

and Event Pad subject to Items 2, 4, 6, and 7 of the June 5, 2019, Planning

Commission letter, the applicant comply with any and all SALDO and Zoning

regulations, any and all local or state regulations, the applicant procure the

necessary water and sewer service for the facility as evidenced by a service

agreement and/or bulk service agreements, and the applicant submit a water

conveyance line plan as soon as possible to confirm the ability to convey adequate

water to the site which would include the necessary easements in place. Mike

Jones seconded the motion. Mr. Jaindl questioned if the compliance with the

ordinances or state requirements was implying that any variance or waivers that

are granted are considered to be compliance. Attorney Backenstoe confirmed that

to the extent that a variance or waiver was granted, this to be accurate. Phil Gogel

questioned if the adequate screening from headlights should be included as part of

the motion. Keith Hantz commented he was not amending his motion. Mr. Jaindl

commented even though it is not a condition, he does want it on record that as he

previously stated he will address any issues that arise to the neighboring property

owners as a result of the headlights in the parking lot. All voted aye. Motion

carried.

III. APPROVAL OF THE MINUTES

A. Minutes of June 11, 2019. Keith Hantz made a motion to approve these minutes.

Mike Jones seconded the motion. All voted aye. Motion carried.

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Page 22

IV APPROVAL OF THE BILLS

A. General Fund Checks 23081 to 23104. Keith Hantz made a motion to approve

these bills. Mike Jones seconded the motion. All voted aye. Motion carried.

V. PLANNING RELATED ITEMS

A. Lehigh Valley Resort and Spa—Update and Waivers. Bruce Anderson, Attorney

Joseph Zator, and David Jaindl were present to represent this plan. There was a

letter from the Planning Commission dated June 6, 2019, recommending seven

waivers and the withdrawal of a previous waiver request. The waivers that are

recommended for approval are as follows:

1. Section 147-24.C.(2) regarding the disturbance of steep slopes over 30

percent. The Township Engineer shall review the slopes along with the

review and approval by the Municipal Authority and their Engineer.

2. Section 147-32.F regarding the Township standard curb standards

3. Section 147-15.B(14) regarding vegetated swales not having a design

velocity greater than 4 feet per second.

4. Section 147-18.C regarding street widths

5. Section 147-18.D.3 regarding intersection side streets shall maintain a

seventy five foot distance from the primary through street

6. Section 147-18.G.4 regarding street curb intersections

7. Section 147-18.I.3 regarding curbing being required in all major

subdivisions or land developments.

8. Section 147-36.J.1.a regarding the size of the barn was withdrawn. The

barn at the proposed size of 15,000 does not require a waiver.

Phil Malitsch commented waiver #1 regarding the steep slopes still requires more

information, but the Planning Commission felt comfortable enough leaving it up

to the engineers to review. With regard to waiver #4 and #5, the developer is

proactively asking for these waivers even though the plan does not have streets on

it at this time. The driveways on this plan may become streets in the future. The

discussion at the Planning Commission was that this waiver applies only to those

sections of current driveways which may become streets in future applications.

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June 25, 2019

Page 23

Phil Gogel questioned if the driveways become streets in the future, will they be

widened? Phil Malitsch commented the waiver that is being recommended is that

the width of the driveways that are being shown would remain that same width if

they become streets. The developer would not be required to go back and retrofit

the streets. The Planning Commission reviewed this pretty extensively and felt it

was appropriate. Attorney Zator commented that is the reason for the request.

They don’t want to have to rebuild what is already built, even though they don’t

need the waiver at this time.

Cindy Miller made a motion to grant the waivers as outlined and recommended in

the Planning Commission’s letter dated June 6, 2019. Mike Jones seconded the

motion. Cindy Miller, Darryl Snover, Keith Hantz, and Mike Jones voted aye.

Phil Gogel was opposed.

Attorney Zator noted the plan will be before the Planning Commission at their

July 8, 2019, meeting.

VI. OLD BUSINESS

A. Cherryville Intersection. Alice Rehrig reported an asbestos abatement proposal

was received from the company who did the asbestos sweep and analysis for the

building. Since the abatement is required, would the Board want to consider

contracting for the abatement separate from the demolition bids? The benefit to

having the Township handle the abatement is that they would be able to control

the cost of the abatement by obtaining proposals from different companies. Based

on the initial proposal that was received, the amount would be low enough that

formal bidding would not need to be done.

Darryl Snover questioned if the abatement can be done separate from the

demolition. Phil Malitsch commented that it can be done. There are pros and

cons. If it is included in the General Contract, the Township will just end up

paying a mark up on it. If it is done separately, then you have two different

contractors working at the site, although this is a small project.

Cindy Miller commented she feels that it should be done separately, but there

should be more than just one bid. Alice Rehrig commented there are an

additional three companies that will be contacted.

Cindy Miller made a motion to pursue the contract for asbestos abatement

provided we get a minimum of three bids for review. Keith Hantz seconded the

motion. All voted aye.

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June 25, 2019

Page 24

Cindy Miller questioned how long the owner of the building has to remove his

personal items. Alice Rehrig commented she sent letters to both owners giving

them until July 21st to remove the items. Cindy Miller questioned why we are

giving so much time. Alice Rehrig commented when she had spoken with

Attorney Backenstoe about this he had suggested 30 days. Attorney Backenstoe

commented he just assumed 30 days would be a reasonable amount of time.

Cindy Miller commented the Historical Society also wants to get into the building

before it is demolished. Alice Rehrig commented the bids are scheduled to be

awarded on July 23, and the demolition wouldn’t take place for roughly a week

after that because the contractors would need time to obtain their performance

bond. Cindy Miller questioned if a week would give the Historical Society

enough time to get in the building. Keith Hantz commented from what he was

told, the only thing the Historical Society wants is the keystone and the stepping

stone outside the front door. Alice Rehrig commented that they also want to take

some pictures. Attorney Backenstoe suggested having a Township Representative

go with the Historical Society when they take the pictures.

Elizabeth Skrapits questioned if there will be any architectural salvage done on

this property. The Board commented it is not being done. Ms. Skrapits

commented a salvage firm may be willing to pay the Towship to take the building

down. The Board commented a salvage firm is more than welcome to bid on the

demolition of the building. The demolition has been advertised in a local

newspaper and also on PennBid which is a state wide site.

B. Maintenance Building. Adam Raker questioned if anything has taken place with

contacting the architect regarding the awarding of the bid. Alice Rehrig

commented W2A has been notified and they will be contacting Attorney

Backenstoe regarding developing a contract. Adam Raker questioned if he could

look at the contract prior to it being accepted. Attorney Backenstoe will provide

the copy. Adam Raker also questioned what the process would be once the

contract is signed. Attorney Backenstoe commented the next thing would be to

set up a meeting to discuss the project with them. Adam Raker commented

typically he would set up a meeting between the architect, the building committee,

and the engineer.

VII. NEW BUSINESS

A. Ash Road Bridge—Request for Payment #2. The second payment request for the

Ash Road Bridge has been received from the contractor for the bridge structure

and beams. The total payment being requested is $62,554.47. The Engineer for

the project has inspected the bridge and found to be acceptable. The project

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June 25, 2019

Page 25

continues to move forward. Since this request, the contractor paved the

approaches and is waiting on the guiderails and line striping.

Keith Hantz made a motion to release Payment No. 2 in the amount of $62,554.47

to Sikora Brothers. Mike Jones seconded the motion. Jerry Pritchard questioned

if anyone actually goes out and looks at what was installed. Alice Rehrig

commented the Engineer who was in charge of the project was at the site and

signed off on the payment request. Keith Hantz questioned what the completion

date is for the bridge. Alice Rehrig commented that it is supposed to be done by

mid to late July, but it appears as though it will be done before then. All voted

aye. Motion carried.

B. Recreation Report. Sandy Hopkins commented the Recreation Board has been in

contact with the YMCA and they are willing to come in to the Towship and do a

four week summer camp at Indiantrail Park. They run the entire program for the

Township. They only thing the Township needs to do it help get the word out.

Mike Jones questioned if it was only going to be open to residents. Sandy

Hopkins commented it is open to anyone. There is a reduced rate for Township

residents.

Cindy Miller made a motion to authorize the Recreation Board to move forward

with the programming through the YMCA and that the fees for the park facilities

be waived. Mike Jones seconded the motion. Paul Nikisher questioned what the

program was and when it was. Sandy Hopkins commented it is a child’s day

camp, ages 5 to 12, from July 22 to August 16. People can sign up for any one or

all of the weeks. The fee is $65 and there is also financial aid available through

the YMCA. They do need a minimum of 15 children per week. Mike Jones

questioned if they are renting the park or is the fee being waived. Sandy Hopkins

commented she would request the park be given to them without charge since

they are providing the service to the Township and Community. They are

providing all the counselors and they have all the required clearances for working

with children. All voted aye Motion carried.

Sandy Hopkins commented the YMCA also runs adult programs such as senior

classes, yoga and Zumba. They would be able to do these programs within the

Municipal Building. Right now, they are just working on the summer camp, and

if it goes well, they will move onto the adult programs.

Sandy Hopkins reported that the Recreation Board has been discussing the

vandalism that has been taking place within the parks. It is their recommendation

that the bathrooms be closed overnight when the parks are closed. They were

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June 25, 2019

Page 26

wondering if it would be possible to have the Police Officer who is on duty go to

the parks after they closed and lock up the bathrooms to try to limit the amount of

vandalism that is taking place. The Maintenance Department could open them in

the morning. The Board agreed that the Police should lock the parks when they

are closed.

C. Zoning Report. Liz Gehman commented she will have the property maintenance

code added to the next meeting agenda.

Attorney Backenstoe commented the ordinance increasing the size of the Zoning

Hearing Board has been advertised for adoption at the second meeting in July.

Jerry Pritchard questioned if anyone went out and looked at the fence and bushes

on Church Road? Keith Hantz commented he travels on the road and from what

he can see, it doesn’t seem to be that big of a problem. Alice Rehrig commented

Frank Zamadics recommendation was that the brush be kept trimmed to two feet

or less so that someone in a car can see over it. Paul Nikisher commented he goes

that way and he would also have to agree that it doesn’t look that bad. Liz

Gehman commented this is not a new condition. The fence and plants have been

there for many years. The concern came about when the additional traffic started

traveling on the road because of the detours.

D. Manager’s Report. Alice Rehrig commented she contacted Lisa Meyers from

Boyer and Ritter regarding the Risk Assessment Audit. The only date she would

be available to meet with the Board would be July 23 at 6:00 p.m. The Board

agreed to meet on the 23rd at 6:00 p.m.

Awhile ago, the Township received a grant from Northampton County to conduct

an accessibility study on our facilities. This grant was received as a result of a

requests for funding for the Comp Plan. While speaking with them on a different

matter, the County had recommended Lehigh Valley CILL to do the evaluation.

The cost estimate they provided was $14,500, roughly $3,000 per facility. The

grant is only for $10,000. The purpose of the grant would be to do an evaluation

of the facilities to see what type of changes would be needed to be compliant,

should the Township ever want or need to upgrade their facilities. Certain

Recreation Grants also look at accessibility for park improvements. Alice Rehrig

is also in the processes of obtaining additional estimates. Cindy Miller

commented there is supposed to be a recreation component to the comp plan,

wouldn’t they also be looking at accessibility. Couldn’t that count toward the

grant? Mike Jones questioned if we could just pick a park and do the study.

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June 25, 2019

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Alice Rehrig commented we could limit it to two or three facilities as well. She

will check the County to see if this can be incorporated into the Comprehensive

Plan in addition to obtaining additional estimates.

One of the potential bidders on the Comprehensive Plan called to question if

consideration would be given to waiving the requirement for liability insurance on

this project. They claim that it is difficult and expenses to carry the insurance.

Cindy Miller commented we wouldn’t want a firm that is not carrying profession

liability insurance. Mike Jones commented he would also agree. Cindy Miller

commented if there is a problem, you wouldn’t be able to go back to them. The

Board agreed that the liability insurance would be necessary.

A request was received from Dean and Roseann Yelles on Magnolia Drive

indicating they would like to be included in the Ag Security Area. Alice Rehrig

will be preparing the resolution for hem to sign and have notarized. Once she

receives it back from them, she will place this on the agenda for adoption.

Several months ago, Alice Rehrig met with a company called ScanTek regarding

document imaging of Township files. Rather than purchasing a program and

hardware, they would provide a scanning service where they would scan our files

into a searchable database. There would not be any additional hardware or

software that would need to be purchased. Cindy Miller questioned where the

data would be housed. Alice Rehrig commented the company keeps a copy in

their files as a second copy, but we would have a second drive that could be

attached to either a computer or loaded into the server. Cindy Miller questioned if

this was discussed with the Technology Company. Alice Rehrig commented that

she didn’t discuss this with them yet because she wanted to get direction from the

Board if they wanted to go the service route of if they wanted to purchase the

equipment and the laser fische software so the scanning could be done by the

Township. The downside to that is that the scanning of the documents becomes

labor intensive for the Township and will take longer to complete. The Scan Tek

program can be converted to laser fische in the future if the Township wanted to

be able to do the scanning. One benefit to the scanning service is that they have

the ability to scan the plan sheets. Based on the amount that was budgeted, we

would be able to have the Zoning Hearing, property files and most of the

subdivision files scanned. Using the service would be the most expedient way to

get the records digitalized. The Board felt it would be best to go with the

scanning service as long as it is compatible with our computer system. Alice

Rehrig will provide the estimate from ScanTek to the Board and check with the

Technology Company to see if there are any concerns with the system.

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Alice Rehrig questioned how the Board wanted to handle the two additional

vacancies on the Zoning Hearing Board. Did they want to advertise it again or

just contact the two individuals who had previously applied. The Board agreed

the two individuals should be contacted, but the vacancy should also be

advertised.

Cindy Miller commented she would like to have the Planners look at the bids for

the Comprehensive Plan and make a recommendation to the Board since they are

the ones that requested it. Alice Rehrig commented that is one of the reasons she

has the bids due on the 1st so that there would be enough time to get them to the

Planning Commission and the Supervisors before the meetings.

Keith Hantz questioned if the Zoning Hearing Board was made aware that the

Board of Supervisors were looking to increase the size of the Zoning Hearing

Board. Liz Gehman commented they had seen the advertisement. Keith Hantz

commented he thinks it would be a good idea to send the Zoning Hearing Board a

courtesy notice to let them know this is taking place.

Keith Hantz questioned if the Board would consider moving the Department

Reports to an earlier position on the agenda. The Board agreed they could be

moved toward the beginning of the meeting, after the approval of the bills.

1. May Financial Reports. This item will be added to the July 9 meeting

because of the length of this meeting.

E. Solicitor’s Report. Attorney Backenstoe did not have anything specific to report

other than he changed the tree ordinance into a Lehigh Township Ordinance. This

ordinance was created to address virtually every situation that can occur with trees

located in and out of the right of way that can cause a public nuisance. If there is

a situation causing a public nuisance, a representative from the Township, such as

the Zoning Office, Police Chief, or Public Works Director would generate a report

outlining the situation, and then the property owner would be notified and if they

do not remedy the situation, then the Township could remove it at the property

owner’s expense. Paul Nikisher questioned what would happen if the tree was too

large for the Road Crew to handle. Attorney Backenstoe commented the

Township would contract with a tree service.

XIII. PUBLIC COMMENT. Jerry Pritchard wanted to thank Attorney Backenstoe for adding

the additional items to the conditional approval for the Seminary Property.

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June 25, 2019

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Paul Nikisher questioned who was going to be doing the roof on the garage at

Indiantrail Park. The Board commented it was going to be the Public Works

Crew. Paul Nikisher commented it may be worth looking at asking a local

roofing contractor may be willing to donate the labor for a plaque.

Jerry Pritchard questioned if the Building was the Township’s building or the Fire

Company’s building. Darryl Snover commented it is on the Township’s property,

our building. Jerry Pritchard commented he attended the Recreation Meeting and

the YMCA was going to be needing to store items at the park for their program.

Wouldn’t it be nice to get the roof done before the programs start? A roofing

contractor can come in and get the job done quickly.

Ed Ziegler commented the roof on the Bodish building has been leaking for some

time. There could be areas where the floor may be weak. Before anyone goes

into the building, they should sign a release of liability with the Township.

IX EXECUTIVE SESSION. The Board went into Executive Session to discuss a Collective

Bargaining Agreement. No action was required.

X. ADJOURN. Keith Hantz made a motion to adjourn. Mike Jones seconded the motion.

All voted aye. Motion carried.