Friday, October 31, 2008

BoS Meeting Notes - 10/16/2008

Regular Meeting (agenda)

Much of this night's meeting was devoted to discussion of the Forks/Suburban EMS situation.  It ended with the unexpected - the assigning of both BLS (basic life support) and ALS (advanced life support) services to Suburban EMS. 

Please read Christopher Baxter (Morning Call) for more and if you can get hold of the October 17, 2008  Express Times, you can read Tony Nauroth's thorough front page article (it is not online).  Also, see David Billings' Everything Forks blog for  another viewpoint.

(Special note:  According to an October 21st Morning Call article by Christopher Baxter, Forks EMS has closed its doors.)

Public Comments (non-agenda) - None

Supervisor Remarks: 

Supervisor Nicholas thanked Sue and Harry Bennett, who were both present, for the great job they did on Forks Community Days.  Applause.

Supervisor Miller said that the Recreation Board has completed its five year plan, which, he said, reflects the comments of the people in the Township (from the Recreation Survey of October 2006.)  He gave copies to the Supervisors this evening for their review.  It will be discussed at a 7:00 PM workshop prior to the November 6th BoS meeting.  Township Manager Schnaedter was directed to put it on the website calendar. 

Chairman Howell thanked Zoning Officer Weis, Township Manager Schnaedter, and staff for organizing the breakfast with Township business leaders - 15-16 were there as were all of the Supervisors. The program was about what's going on in the Township and "where would we like to go from here."   Howell said that there was a great deal of encouragement from the business community.  He said that some of those present were also members of a "business council" in Palmer Township and that meetings like this create a good working relationship - without the Township actually being a part of the council.  It is a partnership on the sharing of ideas about the environment and the business community.  The Finance & Administration Committee, along with Schnaedter will work on a format to carry to the next meeting.  Howell added that this is a good step towards setting up a long lasting relationship to share ideas and information.

Supervisor Chuss noted that the last such meeting was held nearly 10 years ago and "then it died."  He expressed hope that the meetings will continue.

Chuss then took issue with what appeared in a recent newspaper article (Express Times, October 16) about a possible land donation by KMRD to the EASD.  The article stated that the Forks Township Board of Supervisors expressed a willingness to negotiate with KMRD.  Chuss said, "I want to go on the record and make it clear, I am not willing to sit down with them unless something came up that indicated the situation has changed and I don't even know what that would be."  Chuss explained that the lawsuit to change Forks' zoning for KMRD's "extraordinary" development proposal has cost the Township tens of thousands of dollars in legal fees and he thought the suit may even be found to be "frivolous."

Howell clarified that there was a "fallacious misstatement by a reporter."   He said that both he and Supervisor Egolf attended the public (EASD Facilities Utilization Committee) meeting as citizens.  They had learned that there had been private meetings between school board representatives and KMRD where KMRD attorneys asked the school board what they could do to help with the district's needs.  Number of acres and possibly locations were discussed.  Howell said that when he learned of these (private) meetings, he was "incensed." 

Howell said that he followed up and attended the public meeting because he had learned about the other meetings and what was going on behind the Township's back from a member of the Forks Planning Commission who is also a member of the (EASD Facilities Utilization) committee.  He said that he sent email to all the Supervisors asking if they would want to attend (the public meeting on October 15th) and only Egolf responded.  They went together because "you don't go to these meetings alone."  Howell said that even then, what he told the reporter was "grossly, grossly misstated." 

Howell said that he told the reporter that the meeting did not meet his "smell test" - that it (1) came "outside the sunshine" and (2) that it was a step to intervene in the ongoing litigation and in a sense "to force a settlement."  There were other Forks residents present as well as another reporter (Morning Call) who didn't report it that way.  Howell said that he was there as a citizen to find out what was going on and not there representing the Board of Supervisors.  He told Chuss that if he had questions, he should have called him. 

Howell noted too, that when the school board representatives realized that others knew of their conversation with KMRD, the issue was immediately moved to the committee - to make it public.  The night selected was the night of a Presidential debate - a night that possibly no one would attend.  And, when the newspaper reporters called KMRD the day of the meeting for comment, KMRD cancelled its scheduled appearance/presentation.  Howell said that he thinks "the flame is out." 

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $7,786,440.

Former Supervisor Morris Metz commented that he could hear Mr. Egolf because he used his microphone.  He encouraged the rest of the BoS to use their microphones so that he could hear every word said.

Standing Committee Reports (meetings are open to the public - see the official Township calendar for dates and times)

  • Public Safety - Supervisor Chuss - reported that the committee met on October 7th.  He noted that the Police Department accreditation process mock assessment was conducted with only a few minor issues cited and that the whole assessment is scheduled for October 27th.  Modular furniture was discussed - no update.  Chuss said that the footers for the emergency services tower have been poured and that the foundation is being poured.  The structure erection should begin shortly.   He also said that the Fire Department agreement with Stockertown expires at year end and will be under review at the next committee meeting.  Chuss noted too, that Forks EMS (FEMS) did not attend the last meeting.  Suburban attended and updated the committee on the financial obligations of FEMS.  And, Chuss said that a suggestion was made to discuss NIMS compliance with a review of addressing housing in the case of a large emergency - like the latest hurricane to hit Louisiana and Texas.
  • Public Works - Supervisor Miller - reported that he was not at the this week's committee meeting.  DPW Director Roberts reported that the budget was discussed.  Leaf collection starts today.  Howell inquired as to the number of shredders and where the shredded materials will be stored.  Roberts said that Forks has three shredders and that the shredded leaves are dumped at Newlins and Richmond Roads.
  • Parks & Recreation - Supervisor Howell - noted that there will be a Board of Supervisors (public) workshop on November 6th at 7 PM - before the regular meeting - to review the Recreation Board Five Year Plan.
  • Community Relations - Supervisor Nicholas - reported that because of the holiday there was no meeting since the last BoS meeting and that the next is scheduled for November 10th at 6 PM.
  • Finance and Administration - Supervisor Egolf - said that the committee met on October 8th and that staff is in the process of preparing the new budget.  Egolf also presented the Board with samples of new Township letterhead which he noted can be changed with a "keystroke."  In the past, letterhead could not be changed without ending up with reams of unusable paper.  The new letterhead contains the names of all the Supervisors and that of the Township Manager.  Both Nicholas and Howell said that they like it.  The next meeting is October 22nd. 

Township Manager's Report - Schnaedter said that last year's Kiwanis Christmas tree lighting ceremony was cancelled because of inclement weather.  He said that the ceremonies have been well attended and that last year the Kiwanis collected stuffed animals for the Police Department "to hand out to children involved in tragic situations."  Schnaedter said that he received an email asking if the Township would consider helping the Kiwanis with the rental (from the City of Easton) of a large, portable bandshell.  The Kiwanis took a financial hit last year and had no donations to offset it.  Nicholas offered that the bandshell rented for Forks Community Days cost $175 (delivered).  Howell noted that Forks is the venue for these events and that money from the recreation fund could be used.  The Township hopes to have its own bandshell next year and has applied for a grant for it.  A motion was made by Chuss to donate $175 for the Kiwanis' bandshell rental.  Egolf seconded and the motion passed 5:0.

Engineer's Report - Hay - reported that the bids were received for the Sullivan Trail Business Park road paving.  The low bidder is J C Sons Excavating at $30,962.  Hay said that he received a copy of a letter from Muschlitz Excavating to Mr. Goffredo stating that they will start the paving the week of November 3rd.  The Board discussed tabling the bid award until the next meeting on November 6th and if the work hasn't been done, giving the contract to J C Sons. 

Solicitor Kline explained that the Board was told by the developer (Goffredo) that the paver would be available to do the work on September 6th.  At the time, the Township said "fine" but agreed to proceed with getting bids just in case.  The paving has not been done and bids have been received.  Asphalt plants close for the winter and the new contractor must have time to get the work scheduled before the season ends.  In addition to the portion of Braden Boulevard leading to Merchants National Bank, there are areas leading to Scott's Collision Center that must be repaired as well. 

Kline suggested that the Board award the contract to the low bidder with the understanding that it is only awarded if Goffredo doesn't pave the roadway first.  Hay will explain the condition to the contractor.  Nicholas' motioned that if the work is not done by the 7th of November the developer's excavator shall not be allowed to do the work (after the 7th) and instead the new contractor will do the paving on the 10th.  Egolf seconded and the motion passed 5:0.

Egolf asked Hay if there was any word on the Meco/Sullivan traffic light.  Hay said that he has heard nothing and that it is in "PennDOT limbo."  Hay said too, that PennDOT treats municipalities worse than they treat developers.  Howell speculated that if the Township police did breathalyzer tests there every morning at rush hour it would draw attention to the intersection and would show PennDOT that it is serious.  Howell then suggested that communications with PennDOT be copied to Representatives Grucela, Wonderling, and Freeman. 

Egolf added that at the last BoS meeting payment was approved for work done in preparation for the light and that even though the light is not there, it has cost the Township money.  Egolf said that it is important that our Legislators know that the Township is "out of pocket a lot of money in studies, in engineering fees... " and needs accountability from PennDOT. 

Solicitor's Report - Kline - reported that he received communication from Alan McFall of the EAJSA (Easton Area Joint Sewer Authority) regarding a portion of the Adamson Street sewer line in West Easton - a common use line - that was not included.  Included lines mean shared costs.  Forks EAJSA representative, Henning Holmgaard, advises that it should be included.  All member municipalities must approve adding the line.  Kline will prepare the necessary paperwork for BoS approval.

UNFINISHED BUSINESS

Emergency Ambulance Service Discussion (Erik Chuss) - Notes from this nearly two hour discussion will follow later.  Until then, please read Christopher Baxter (Morning Call) and if you can get hold of the October 17, 2008  Express Times, you can read Tony Nauroth's thorough front page article (it is not online).  Do read Tony Nauroth's Express Times short version advising Forks residents not to send subscription money to Forks EMS.  Also, see David Billings' Everything Forks blog for another viewpoint.  FAC posted a summary of which service to send subscription dollars to on this blog and on its website.

(Special note:  According to an October 21st Morning Call article by Christopher Baxter, Forks EMS has closed its doors.)

NEW BUSINESS

Resolution for one street light / Riverview Estates – Ramblewood Dr. & Road A - (Karl Kline, Solicitor) - Hay recommended that this be tabled because he knows nothing about it (yet).  It was tabled.

Henningsen Cold Storage/Conditional Use (Karl Kline, Solicitor) - Kline said that this was the written decision by the Board approving the conditional use application of Henningsen Cold Storage (at the 10/2/08 BoS meeting).  It passed 5:0.

Meyner Center/Proposal  (Rick Schnaedter, Township Manager) - Schnaedter said that as a result of discussions of the Finance & Administration Committee regarding performance evaluations and goal setting, the committee met with a representative from Lafayette College's Meyner Center.  A seminar proposal is the result.  The "goals, roles, and expectations" seminar, to be conducted by the Meyner Center, will include the BoS and staff.  The tentative date is January 24, 2009 and the cost will be billed at $65/hour with a not-to-exceed amount of $1,000.  Nicholas, in discussion, said that she thinks "this a really good thing" and that the staff is enthusiastic.  Egolf posed the motion and Nicholas seconded.  The vote was 5:0.

Executive Session - There was an executive session on a personnel matter.  No action was taken after the session.

Our objective is to relate what is experienced at Forks Township meetings for those who cannot attend. We are attempting to be as factual as we can. If we make a mistake, tell us via email or COMMENT here in the blog, and we will do our best to correct it. We are not perfect. We want to get it right.

Thursday, October 23, 2008

Forks 5 - KMRD 0

Yes!  Forks' Zoning Hearing Board (ZHB) voted 5:0 against the KMRD/Kings Mill challenge to Forks zoning ordinance -  because the "applicant" failed to meet the burden of proof.  The meeting went on for three hours. 

The testimonies of three Forks residents are now part of the court record.  Please read the considered and thoughtful words of James Wideman and David Billings.  Mark Mulrine spoke, too.  Unfortunately, we do not have a copy of his testimony.  He spoke to his disregard for developers who come to our township, build, devastate, and leave.  

These Forks residents, your neighbors, spoke for you and for our Township. Yes, there was indeed applause!

Attorney VanLuvanee (representing KMRD - and also a KMRD principal) gave a summation lasting approximately 1-1/2 hours.  He contended that the 2006 zoning ordnance had nothing to do with farmland preservation and was meant instead to halt development.  According to VanLuvanee, the Constitution says you cannot tailor an ordinance to exclude classes of people which, in essence, (he alleged) that Forks did by not allowing apartments, townhouses, and mobile homes in the Farmland Protection (FP) district.  He also stated that the LVPC (Lehigh Valley Planning Commission) criticized the 2000 Forks Zoning Ordinance because it was not changed to allow these types of houses.  VanLuvanee referenced numerous court cases, many in which he was involved.

VanLuvanee claimed that one of the goals of the 2006 zoning change from the 2000 zoning ordinance was a 10% reduction in development throughout the township. He claimed that sewer is a State regulation and not a justification for one acre lots. He also claimed that Forks shirked its responsibility when dealing with exploding growth - rather Forks ran the other way and did not deal with the issue.

The Township's attorney, Steve Goudsouzian, pointed out that Nic Zawarski & Sons (another member of the KMRD partnership) did not build apartments when building in Forks but instead built high value homes - because of the profit factor.  The opportunity to build the other types of housing was there but was rejected by developers in Forks.  Also, Goudsouzian noted that KMRD never provided a map of the proposed development (Kings Mill) choosing instead to use old graphs to substantiate its case - some of which were proven inaccurate by the Forks' expert witness, Mr. Charles Schmehl, of Urban Research & Development (URDC).

Goudsouzian noted that the FP is in the northeast section of the Township - an area, he said, that is not in the path of growth primarily because of the lack of sewers.  And, contrary to what VanLuvanee indicated, low income housing is not a law in PA.

Goudsouzian said that not only was the opportunity there for developers to build apartments, they actually had approved plans for building apartments, and Forks accommodated the developers on their plan changes to more profitable types of housing.  KMRD bought land from farmers at a reduced rate, and now wants to change the rules to increase their profits.

Goudsouzian said of the KMRD expert witnesses:

  • Glackin knew about the Heritage case, but chose to ignore it in his testimony. 
  • Bernard ignored PA law and instead said this is what we should have.
  • Unangst ignored practical issues with building on smaller lots and instead presented development in a perfect scenario.

KMRD had two principal claims - that Forks does not preserve agriculture and that it does not provide a variety of housing types.  Goudsouzian also pointed out that you don't have to look at the entirety of Forks Township to determine if it is in the path of growth.  You can look at the FP district and determine if that alone is/is not in the path of growth.

The Zoning Hearing Board members expressed their opinions before the vote:

  • Mr. Kimmel - said that he reviewed many transcripts and thought there was overkill on what was actually needed. He stated that Forks is highly developed and that both sides agreed that over the last five years Forks has taken on a larger burden than most with growth.  Why should we be forced to continue to take on more?  He said that the changes from the 2000 ordinance to the 2006 ordinance dealt with open space requirements throughout the Township, and not just in the FP.  Kimmel said that he is comfortable with what zoning has done and that there are no serious problems.
  • Mr. Asteak - asked if the land is in the logical path of growth?  "No."  He offered that there are inadequate water, roads, etc. and therefore it is not in a logical path of growth.
  • Mr. Moyer - said that developers have had the opportunity to build enough multiple family units and the economic margins and/or markets have made their determinations, not Forks Township.  KMRD ignores its own history.  He felt that the school impact was glossed over and that there would be a negative impact to Easton. The statement that traffic cannot be a reason for denial is spoken by those who won't be driving here.  Moyer  further pointed out that 25 acres of housing will protect 25 acres of farming - dispelling the KMRD assertion that three acre housing does not protect farmland. He also agreed that Forks' is highly developed and that the FP is not in the path of growth.  He said that Forks provided developers the opportunity for all housing types.
  • Mr. Rossi - said that the Township did not pull zoning out of the air.  Forks has always hired legal experts, made field trips, had hearings, formed committees, and spoken with many professionals - before any zoning or ordinance changes.  Further, Rossi added, the township went out of its way to accommodate developers. He said that Forks gives developers options for what they can build.  Forks cannot tell developers what they can build.
  • Mr. Pappas - concurred with the other ZHB members.

Please read Christopher Baxter (Morning Call) and Tony Nauroth (Express Times) for more of this most gratifying final session of the KMRD/King's Mill challenge to Forks' 2006 zoning ordinance.  And, yes, it will be appealed in the Northampton Court of Common Pleas - VanLuvanee said so.

FAC wishes to thank all those who attended this and other rounds of the KMRD zoning challenge hearing and who contributed their time and insight to the reporting of it.

Our objective is to relate what is experienced at Forks Township meetings for those who cannot attend. We are attempting to be as factual as we can. If we make a mistake, tell us via email or COMMENT here in the blog, and we will do our best to correct it. We are not perfect. We want to get it right.

Thursday, October 16, 2008

EMS - the answer to your ultimate question

Who to pay?  Well, as of 12:01 AM on October 18, 2008, the EMS squad to send your subscription dollars to is Suburban EMS.  Forks Supervisors voted unanimously tonight (October 16), after a very lengthy discussion, to make Suburban EMS the sole provider of both ALS and BLS service in the Township. 

If you've already sent money to Forks EMS, you may wonder what to do.  The BoS will be working on just that at their next meeting on November 6th.  It is likely that you need not fret as the BoS wants to find a way to keep you whole in the likely event that your donation dollars to Forks EMS are non-recoverable. 

So, if you haven't yet paid either provider and want to, send in your Suburban EMS subscription form and donation.  It's as simple as that.

If you have already sent your money to Forks EMS and not to Suburban EMS, don't worry - and do keep your canceled check handy.  The details of how you will be kept from having to pay another subscription donation have yet to be determined, but it looks good for you. 

If you have sent money to both squads, it was because you expected both BLS and ALS coverage and frankly, that is what you will have with Suburban. 

Both the Morning Call and the Express Times were there.  We will link their articles when they appear online.  And, as usual, by early next week, the FAC meeting notes should be online. 

Update 10/17/08:  Read Christopher Baxter (Morning Call) for more and if you can get hold of Friday's Express Times, you can read Tony Nauroth's thorough article (it is not yet online).  Also, see David Billings' Everything Forks blog for yet another view.

Give/Take? KMRD wants to donate land to the EASD!

The EASD Facilities Utilization Committee met last night (October 15, 2008).  On its agenda was a "developer" presentation.  The developer canceled late in the afternoon.  So, although some members of the general public were there, there was no "show." 

Turns out, according to the Express Times today (10/16/08), the developer is KMRD and KMRD wants to give land to the EASD.  Trouble is, that land is part of the ongoing KMRD/Kings Mill zoning challenge that Forks Township has been fighting for 27 months.  What's up?  Altruism?  Or... an end run around the Township to get what the developers want, sewers in the FP (Farmland Protection District)? 

This is one to watch. 

Wednesday, October 15, 2008

King Mill/KMRD - You have something to say but can't be there?

FAC got a question from one of our readers today who asked if we could think of what he could do to get his "resentment" known to the Zoning Hearing Board on Monday night (October 20th) since he cannot be there.  We suspect that he can't be the only one in that fix.

Well, if you have strong feelings and want to be heard but cannot be present, why not write your thoughts down and persuade someone to go in your place?  He or she can read your well chosen words into the record on your behalf!  That person won't be pretending to be you, he will simply be reading your statement. 

Hope to see you there!

Sunday, October 12, 2008

Confused about EMS in Forks?

By now Forks residents have received two fall EMS subscription requests, one from Forks EMS and one from Suburban EMS.  Are you confused about whether you should pay one or the other or both?  You are not alone!

Township officials have been swamped with calls since sending out a letter of clarification on the two approved EMS services.  To help residents out of this confusion, both Forks EMS and Suburban EMS have been invited to the Board of Supervisors October 16th meeting.  If you have questions, this is your chance to ask.  The meeting starts at 7:30.

Sunday, October 05, 2008

BoS Meeting Notes - 10/2/2008

Regular Meeting (agenda)

At 5:30 PM the Board of Supervisors held a Conditional Use Hearing for the Henningsen Cold Storage plan.  During the regular meeting both the conditional use - a building of more than 100,000 square feet - and the preliminary plan were approved.  Also, because of numerous calls from residents unsure of what to do regarding EMS subscriptions, the Board decided to invite both Suburban EMS and Forks Township EMS to the next meeting for a public discussion. 

Public Comments (non-agenda) - None

Supervisor Remarks:  Chuss announced that on Saturday and Sunday of this week there will be an open house farm event at the Klein Farm on Kesslersville Road.  It will run from noon to 4 PM both days.  Highlights include a corn maze, pumpkins, and activities as well as items for sale.

Township Manager Schnaedter said that this was part of a county wide farm program for the weekend.  The farms are open - giving tours and providing an insight into farm life.  (Click here for a list of farms that will be open for tours.)

Treasurer's ReportEgolf detailed the debits (cash paid out) since the last Supervisors' meeting (with a quorum that is). The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $7,786,440.

Standing Committee Reports (meetings are open to the public - see the official Township calendar for dates and times)

  • Public Safety - Supervisor Chuss - reported that the next committee meeting will be Tuesday, October 7 at 5 PM in the Municipal Building.  He further reported that the bids for the fire training facility came in higher than anticipated and that it will be discussed as an agenda item.  Regarding the EMS letter sent by the Township to residents:
    • Chuss noted that residents have received the letter drafted by the Township to clarify the EMS situation as well as subscription notices from Suburban EMS (SEMS).  He said that despite the letter from the Township there is still a lot of confusion among residents about the EMS situation.  Chuss said that he received a subscription request from Forks EMS in today's mail and as a family, he will be paying $112 to the two services [$47 to SEMS and $65 to Forks EMS (FEMS)].  This is "by far and away, the highest subscription fee of any township anywhere in the area..."  He said that this has caused a lot of frustration because people do want to be covered.  He added that the Supervisors will need to address the situation and concerns at some point in the future. 
    • Howell said that because his name was on the letters to residents, his phone has been ringing non-stop.  The overwhelming question of the callers is why the Supervisors are not addressing the issue of just having one service.  Howell added that he continues to be disappointed that the Township is not receiving any information from FEMS - not even their typical monthly reports - since May.  He said that he thought the EMS conversation should be sooner rather than later. 
    • Schnaedter reported receiving an estimated 60 calls in the past two weeks asking why there are two ambulance services and two subscription requests.  He said that he has tried to provide the callers with factual, unbiased information.  The callers want the Supervisors to clarify further and feel that it is wrong to pay two services.
    • Nicholas suggested a workshop before the next meeting (October 16).  Howell thought that the workshop should include both groups, SEMS and FEMS and that the Township must insist on receiving financial information from FEMS.  He said that they have violated the requirement placed on them when they were approved as a provider of BLS service and he said that there "are going to be lots of unintended consequences to this silence."
    • Howell asked the Board what would be accomplished by the workshop - other than a public discussion to vent frustration?  Chuss suggested that it be an agenda item.  It will be on the agenda as new business for informational and discussion purposes (not to take action) and both SEMS and FEMS will be invited (by letter).
    • Resident Sandy Hanks asked Chuss how he arrived at the $112 figure.  She had not yet received the FEMS subscription notice.  Resident Thomas Humcheck (sic) said that when he started coming to meetings he told the Board that he would support two organizations for coverage for his family.  He said that he has already supported SEMS and days ago his FEMS subscription was in his mailbox - "without a stamp."  He now wonders what he is to do.  Howell asked if there was a deadline on the FEMS subscription request ("no") and offered that he is free to do as he wishes.  Howell suggested that he come to the next meeting where he will have an opportunity to "speak to the issue" and that his input will be welcome. 
  • Public Works - Supervisor Miller - noted that Public Works was busy with Forks Community Days and that "everyone was there."  He said that a lot of work went into preparing for it as well as over the event weekend.  Miller added that it was very successful.  In other DPW work, paving and line painting continue throughout the Township.  Also, the DPW is currently working at the fire tower site. 
  • Parks & Recreation - Supervisor Howell - said that the committee will meet on Thursday, October 9th at 4 PM.
  • Community Relations - Supervisor Nicholas - said that the next committee meeting will be on Monday, October 13 at 6 PM.  She said that if any one has any articles for the newsletter they should let her know.  And, Nicholas thanked Harry and Sue Bennett "for all the work they did for Community Days."  She said that it was a success again this year and that she thought "a lot of people had a good time there." 
  • Finance and Administration - Supervisor Egolf - reported that the committee met on September 24th and discussed the upcoming Forks Business Association breakfast on October 15th.  Invitations have been sent and replies are being received.  Egolf noted that Farley reported all the work with the new server is completed and it is up and running - and "most of the bugs are worked out."  He also noted that Ms. Bartek announced that CPR and AED training will be in January or February 2009 and not this fall as originally thought.  The committee's next meeting will be on October 8 at 5 PM.

Township Manager's Report - Schnaedter said that he and Miller met with a representative from the Department of Conservation and Natural Resources on how to prepare a feasibility study for a pool.  He hopes to have a bid packet prepared for the Board's approval at the next meeting.  Also, Schnaedter asked that any Supervisor interested in attending the Leadership Program (sponsored by the PA Leadership Institute) let him know.  A brochure is in the Supervisors' packets.  He has the registration forms. 

The Safety Committee did a facility walk-through and recommended a handrail at the Municipal Building entrance - there is a considerable slope that is dangerous when icy.  Schnaedter said that he will give the Board a drawing before installation.  Nicholas asked if it would be on both sides.  She offered that the walkway to the parking lot is even steeper. 

Also, Schnaedter said that he received correspondence regarding "household hazardous material safety disposal" at Northampton Community College on October 11 and about the Electronic Recycling Event sponsored by the Nazareth Area Council of Governments this Saturday at the Nazareth Middle School parking lot.  Nicholas told him to get "Debbie" to put it on the website.

Howell said that he had a conversation with John Castrovinci, a member of the EASD Facility Utilization Committee (and the Forks Planning Commission, the former principal at Forks Elementary, and now the Human Resources Director for EASD).  Castrovinci told him that the committee was considering a regional pool facility program and that it would reach out to the municipalities (Easton, Palmer, Forks, etc.) in the school district for input.   Howell suggested that Schnaedter contact Castrovinci for more on what they have in mind and where the location of the pool would be.

Engineer's Report - Hay - said that all of the municipal improvements have been done at Sullivan Trail Business Park - except the paving.  Bids are being solicited for the paving work and are expected by next Friday.  If the work is not already done, the Township will proceed.

Hay also asked the Board's permission to prepare bid specs for the planned sanitary sewer repairs on Old Mill Road as well as for the Meco "force main" repairs.  Both were budgeted last year.  The Board approved with a 5:0 vote.

Egolf said that everyone should know that one of the checks written - the $16,514.97 assigned to Traffic Study and made out to Benchmark Engineering - was mostly labeled "for the light at Meco and Sullivan Trail."  Howell asked the status and Hay said that Mr. Leiser is still refusing to sign the PennDOT (hold harmless) indemnification form.  PennDOT is checking with their counsel as to going ahead.  Hay said that he'd like the PennDOT counsel to get in touch with Solicitor Kline because that is all that is left (the indemnification agreement with Mr. Leiser).  He said that the alignment has been straightened and the plans have been resubmitted.

Solicitor's Report - Kline - remarked "for the record" regarding Sullivan Trail Business Park that at the September 4 meeting of the BoS, Mr. Goffredo said that he would have someone there to do the paving as of September 9.  It is one month later and the paving is still not done. 

UNFINISHED BUSINESS

None

NEW BUSINESS

Henningsen Cold Storage/Conditional Use (Karl Kline, Solicitor) - Howell said that at the 5:30 PM Conditional Use Hearing the BoS heard testimony regarding Henningsen Cold Storage phase one as well as on future phases.  Kline reviewed the reason for the conditional use, that the plan is for a building of appropriate use in excess of 100,000 square feet - a size allowed by zoning only under conditions.  The building will be on lot #1 in the Fort James III Industrial Park in the northern end of the Township.  Because it is a conditional use, the Board can place additional conditions on the plan. 

After review of the first six checklist questions that must be satisfied regarding a conditional use (there were no BoS comments), the Board got to number seven, the last one.  Number seven allows the Board to add conditions. 

Chuss motioned (that the Planning Commission recommended) that a new sound study of previous phases be done for each new phase.  Nicholas seconded.  This passed 5:0.

Kline noted that an appropriate condition is for berming and landscaping - that the developer must submit plans for appropriate berming and plantings to minimize, as much as possible, the noise heading west as well as the plant's visibility to the homes on the west.  Chuss made the motion incorporating the Keystone August 8 letter and Egolf seconded.  Again the vote was 5:0.

When no one else offered the motion to grant the conditional use, it was posed by Howell and seconded by Nicholas.  It passed 5:0.

The Preliminary Plan was then approved subject to the August 8 engineer's letter with one exception.  According to Hay comment #1 no longer applies as the box culvert has been changed to a swale.  Hay said too, that the traffic study was discussed and is well within what was approved for Fork James III.  The other eight items on the letter are conditions of approval.  Before the vote, the addition of appropriate fees and developer's agreements was added to the motion.  Chuss motioned/Nicholas seconded.  The vote was 5:0.

The Preserve - Phase 1 - Resolution #081002-1/Acceptance of Streets (Karl Kline, Solicitor) - Kline said that everything was in order, the roads have been inspected by the Township engineer's office, the deed of dedication is signed, and approval gets Liquid Fuel credit for the Township.  The roads accepted include Fox Run, a portion of Old Mill, Hennaberry, and Hedgerow.  The vote to accept was 5:0.

Request to re-bid/CCTV Municipal Complex CCTV System (Rick Schnaedter, Township Manager) - Schnaedter said that two weeks ago he requested that the Board reject the single bid received for the CCTV system.  He asked to re-bid it with bids due on October 24 and offered that he is optimistic that the new bids will be more competitive.  This passed with a 5:0 vote.

Fire Training Facility Foundation Bid Confirmation (Fred Hay, Keystone Consulting Engineer) - Hay said that the low bidder was JC Sons Excavating at $38,700.  The next lowest was $2,500 higher.  Hay explained that the foundation was more complicated than originally thought.  The bid was accepted in a 5:0 vote.  Hay said that the Township has finished the excavation and that the contractor, weather permitting, is planning to pour on Wednesday.  He noted that the accelerated approval prevented a two week delay.

Executive Session - None.

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