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Supervisors vote 3–1 to place open-space funding referendum on next spring’s ballot

Lehigh Township Board of Supervisors · July 8, 2025
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Summary

The Lehigh Township Board voted 3–1 to ask the solicitor to draft a referendum placing a local open-space/farmland preservation funding measure on next spring’s ballot; the motion begins a process that will set funding mechanics, tax rate and an advisory framework for acquisitions.

The Lehigh Township Board of Supervisors voted to direct the township solicitor to prepare the paperwork needed to place an open-space and land-preservation referendum on the ballot next spring. The motion, filed by Supervisor Janet Sheats and seconded by Jerry Pritchard, passed 3–1 with Supervisor David Hess opposed.

"The Board is elected to be the voice of all the voters of the Township," Sheats said, arguing voters should decide whether the township should create a dedicated fund for acquiring open space or development rights. Attorney David Backenstoe told the board the referendum and subsequent ordinance drafting will be a multi-step process that must specify how the funding is collected and used.

Backenstoe explained that townships most commonly fund such programs through a percentage of the Earned Income Tax (EIT), though some municipalities use millage; the referendum language must state the mechanism and rate. He also noted that changes in recent years permit using up to 25% of revenues generated each year for maintenance of acquired open-space parcels and that program rules typically require an advisory board and written rules for acquisition and monitoring.

Supporters on the board said placing the question before voters allows public debate and reversibility through a future vote; opponents wanted more time for public outreach and clarification of spending rules. The board discussed whether funds already in the account could be returned to taxpayers if a future vote repealed the program; Backenstoe said money in the fund must be used in accordance with the voters’ approval and cannot simply be redistributed to taxpayers.

The vote sends the matter to the solicitor to draft an initial resolution and draft ordinance language that will define: the tax or fee rate to appear on the ballot, eligible uses (for example, agriculture, conservation, or broader open space), advisory-board structure, and procedures for acquisition and monitoring. Backenstoe recommended a detailed draft be circulated so residents can review wording ahead of the referendum; supervisors discussed town-hall style outreach and newsletter notices.

Next steps: The solicitor will prepare a draft resolution and ordinance for board consideration and the Planning/Rec boards will be involved in outreach; the board did not set a final rate or ballot text at the July 8 meeting.