Reprinted from the FAC website 9/30/09: The 24th PA Senatorial District voted on Tuesday and elected Robert Mensch (R) to replace Rob Wonderling (R) as their PA Senator. Mensch won by an overwhelming margin. The official totals are not yet published but the Philadelphia Inquirer reports it as a 2/3 victory.
On September 17, after a Board of Supervisors Executive Session, votes were taken and unanimous approval was given to direct the Township Solicitor, Karl Kline, to write two letters to developer Gary Strausser's attorney.
The first was regarding fully funding the Riverview project's now-at-zero escrow accounts. They should contain $250,000 and must be replenished by September 30, 2009.
The second was to advise that whatever actions are necessary may be taken by the Township if the developer does not sign the agreement letter (last drafted in 2007) that defines the terms and conditions of extensions to the developer's PRD (Planned Residential Development) for phases 5 & 6. Final plans are 3-1/2 years late and there is no agreement in place. In the letter, the developer was asked to sign the time extension agreement by September 30, 2009.
Read Christopher Baxter, the Morning Call, September 26, 2009. The article details the developer's refusal to sign the agreement and refusal to replenish the escrow accounts.
On September 29th Forks voters have the opportunity to participate in a special election to fill former 
PA Senator Wonderling's District 24 seat. District 24 is comprised of parts of Lehigh, Northampton, Bucks, and Montgomery Counties.
Two candidates have stepped forward. Their campaign websites are linked here. Click on their names below to learn more about Scheuring and Mensch.
Anne Henning Scheuring (D)
Robert B. Mensch (R)
Voting will take place at your regular polling places. Polls are open from 7 AM to 8 PM.
At 6 PM, prior to the regular meeting, Supervisors met with representatives from CMX for an update on the 
amphitheater design project. The Planning Commission and Recreation Boards were invited. One planner was there representing the Planning Commission. There were no representatives from the Recreation Board in attendance. Supervisors Miller and Egolf were, due to illnesses, also absent.
Please read Tom De Martini, Morning Call for more on the CMX discussion. Click on the image to the right to see the site sketch plan. The Planning Commission is expected to review the project at its September 22nd 7 PM workshop.
Public Comments (non-agenda) - Scott Renigar of Newlins Road West questioned the Board about a lot line adjustment that was approved by the Board in 2008 (see BoS Meeting Notes 7/3/2008) and that has yet to be completed. He wants to know why, after a year, it has not received final approval.
Kline said that final approval was given subject to signing a storm water easement because the property is in the 100 year flood plain. Kline said that at the time, the flood plain map showed the flood plain going through Mr. Renigar's house. Mr. Renigar said that Mr. Christman (from Keystone Engineering) took it upon himself to move the line through his house.
Mr. Renigar said that he built his house in 1987 and it has never been flooded. His engineer is Steve Turoscy, Jr. of Lehigh Engineering Associates who told him that it is not illegal but it is unethical.
Kline said that he was waiting for the revised plan (with the 100 year flood plain improvements) to send to Mr. Renigar for signature. He said that he will follow up tomorrow with Mr. Renigar's attorney.
Mr. Renigar said that in order for the lot line adjustment to be approved, he and Mr. Hall must sign over all rights to the land to the Township. He wants to expand his driveway and the agreement states that he cannot change the grade of the property or plant a tree. On top of that, the Township wants $1 for the easement.
Kline said that one of the conditions of approval was that the stormwater easement be executed. The plan changes (with the Newlins/Sullivan improvements) reduce the size of the flood plain. Kline also noted that it is a violation of Federal law to build in a flood plain. One cannot even plant a bush.
Mr. Renigar said, "I've lived in the Township for 22 years and this is how I am treated."
Supervisors' Remarks: none
Treasurer's Report - Chuss detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 3:0 vote. The Township's current outstanding debt is $8,166,582.
Standing Committee Reports (meetings are open to the public - see the official Township calendar for dates and times)
Township Manager's Report - Schnaedter - reported that he received an email from URDC's Charlie Schmehl in response to the letter sent after the last meeting. He asked for direction from the BoS. Howell said that URDC is now willing to either go outside the company or to give the editing of the Forks Comprehensive Plan to a staff member. He suggested that the letter from the gentleman who critiqued the plan draft be given to URDC. It was decided that Schnaedter will meet with Mr. Schmehl and present the critique letter in person. A completion date will be requested.
Schnaedter reported also that the Request for Qualifications for a municipal engineer are posted on the website and were advertised in the newspaper.
Schnaedter said that he gave the Board a copy of news article about a PA township receiving underwriting from a local bank for its summer concert series.
Also included in the Board's packets was a copy of the bylaws of the Business & Commerce Association of Forks Township. They had a "kickoff" luncheon this past week and submitted their bylaws to the Board for discussion at the next BoS meeting. The Township will become a member of the new association and was given credit for promoting it with its breakfast a year and a half ago. Howell added that the luncheon was well attended and almost every "heavy hitter" in town was there including Victaulic, Crayola, Weyerhaeuser, Henningsen Cold Storage, and most of the banks.
Engineer's Report - Hay - absent - no report.
Solicitor's Report - Kline - reported that Forks is in year three of a four year process of buying sewage capacity from the Borough of Wilson. One more payment is due and that will complete the purchase of 150,000 gallons per day of capacity. See BoS Meeting Notes 9/20/2007 for background.
UNFINISHED BUSINESS
CMX Presentation – Proposed Amphitheater (Bonnie Nicholas, Supervisor) - Nicholas said that the amphitheater project will be before the Planning Commission at its September 22nd workshop and will be an agenda item at the October 1st BoS meeting.
NEW BUSINESS
Street Light Resolution - Towne Centre at Sullivan Trail (Mark Roberts, DPW Director) - Roberts said that this is a standard resolution for the 15 new street lights at Towne Center. The lights run from behind Ace Hardware to the Goddard School. The 18 month maintenance period begins with this 3:0 unanimous approval.
Street Light Resolution – Riverview West Ph. II (Mark Roberts, DPW Director) - This resolution is for four streetlights to go in service and it was approved 3:0.
Department of Transportation – Winter Salt Contract (Mark Roberts, DPW Director) - Roberts said that the contract is with the PA Department of Transportation and runs from 2009-2014. It allows the Township to be paid for the maintenance of State roads and covers Knox Avenue, Sullivan Trail, Frost Hollow Road, Arndt Road, Kesslersville Road and Bushkill Drive. The cost is $63,498 and represents an increase of $10,000. The contract was approved in a 3:0 vote.
International Women’s Apparel, Inc. - Settlement of tax assessment appeal (Karl Kline, Solicitor) - Kline explained that International Women's Apparel, Inc. filed a property tax appeal with Northampton County. The company alleged that it is over assessed. The appeal has been reviewed by the chief Northampton County appraiser who has recommended a reduction in the assessment. All three taxing bodies, the County, the Township, and school district must agree. The annual tax payment reduction to Forks will be $1,202.
Farley said that he learned "indirectly" that the Forks' tax collector has received a bankruptcy notice from the parent corporation of the company. Kline said that a tax lien has priority even in bankruptcy and suggested that the assessment reduction be approved subject to whether the bankruptcy has an impact on the settlement. The vote was 3:0.
Follett Corporation – Settlement of tax assessment appeal (Karl Kline, Solicitor) - Kline said that Northampton County has okayed an assessment reduction. The decrease in tax revenue to Forks will be $2,500 per year. Kline offered that some of the industrial park buildings are "getting up there in years" and some have physical obsolescence and some have technological obsolescence. The vote to approve was 3:0.
2010 Budget Calendar (Jim Farley, Finance Manager) - Farley presented the Board with a proposed budget calendar. It follows the same meeting schedule and pattern as the last four years. Submissions from department heads and contracted professionals are due by October 9th. There will be a pre-BoS meeting at 6:30 PM (October 1st) to discuss capital projects. After that, there will be work-sessions. November 15 is the rough draft date with November 19 as the tentative adoption date. Final approval of the 2010 budget is set for December 17th. The calendar was approved with a 3:0 vote.
2010 MMO Pension Obligation (Jim Farley, Finance Manager) - Farley reported that Act 205, the Municipal Pension Plan Funding Standard and Recovery Act, requires that pension obligations for the next year be anticipated and projected by the end of September. The estimate was approved with a 3:0 vote.
Agreement for Architectural Services – Kimmel Bogrette not to exceed $19,800.00 (Rick Schnaedter, Township Manager) - This was put on hold until after the Executive Session.
The first was a unanimous 3:0 vote to hire Kimmel Bogrette for the DPW garage architectural services.
(Updated: 9/23/09) The second, in another 3:0 vote, was to authorize Solicitor Kline to send a letter to the attorney for Gary Strausser and Strausser Enterprises mandating that the agreed to escrow accounts for Riverview Estates be replenished from their current $0 amounts to the the required $250,000 by September 30, 2009.
And, the third was to authorize another letter by Solicitor Kline to the attorney for Strausser that advises that the long ago agreed to terms and deadlines (for submission of final plans) of the Riverview PRD (Planned Residential Development) have been exceeded by 3-1/2 years for phases 5 & 6. If the 2007 draft of the agreement is not signed by the developer (and the escrow accounts replenished) by September 30, 2009, the Township may take whatever actions are deemed necessary. The vote was 3:0.
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.
According to the September 11 Express Times, Strausser Enterprises has filed a countersuit against the Forks filed suit from 2007 when Strausser Enterprises cut down maple trees on Old River Road.
Christopher Baxter's September 15th Morning Call article details more specifics about the suit. Gary Strausser now accuses Forks Township of defaming him.
For background and photos, see the August 2007 FAC blogs archive. There are several posts as well as the BoS meeting discussion of the tree cutting.
This meeting started with an executive session at 7:00 PM and closed with the start of yet another executive session an hour and a half later. The advertised reason for the pre-meeting executive session was "to discuss and select an Architectural Engineering firm for the New Public Works Facility Project." See the legal notice here. In fact, the winning bidder was selected during the meeting, after a public discussion.
The reason for the pre-meeting executive session was publicly explained by Township Solicitor Karl Kline as a defamation lawsuit against Forks Township (and others - see Solicitor's Report below) by Jose Cancio of New Jersey.
Please read Douglas Brill, of the Express Times for more details on the public works garage discussion and the contract award to Kimmel Bogrette Architects.
Public Comments (non-agenda) - None
Supervisors' Remarks:
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 $8,166,582.
Standing Committee Reports (meetings are open to the public - see the official Township calendar for dates and times)
Township Manager's Report - Schnaedter - noted that Supervisors' packets contained correspondence from Larry Crowder, Deputy Executive Director of the Lehigh/Northampton Airport Authority. (Note: The Airport Authority was before the Board on February 16, 2006 to present its 12-year plan.)
Schnaedter asked that Supervisors review their packets over the next couple of months for what could be put on the server (and not in their packets in the form of paper.)
He also reminded the Board that Community Days is set for September 19th and 20th. He said that attendance grows each year and he thinks that everyone who participates has an "enjoyable time."
Engineer's Report - Hay - told the Board that he provided a written report in their packets. Hay said that regarding the Meco/Sullivan light, he is waiting for PennDOT comments on it and on the driveway. Also, Hay said that the sewer project should be out of Indian Trail tomorrow. The going has been very slow because of 20 ft. trenches that collapsed as well as an unmarked water line.
Howell asked how the grading contractor will get equipment in to the park to work on the five acre parcel. Hay said that Tom Maloney/Signature Homes has an adjacent empty lot and gave permission for the township to cross it. There will be no grading done near the mature trees at the east end of the park. Hay said that there is a silt fence up marking the area to be graded.
Nicholas asked how long the Simms' driveway will be. Hay said that he didn't recall but that he gave the details to the BoS. He noted that they want it as far from the Meco/Sullivan intersection as possible.
Howell asked if there was anything else to report on sewer line work. Hay said that a buried manhole was found on Sullivan Trail. It is totally disintegrated. It is behind the guardrail at Kesslersville and Meco and must be replaced. Hay hopes to "piggyback" the work on the current contract.
Solicitor's Report - Kline - reported that Forks Township has been named in a lawsuit filed in New Jersey by Jose Cancio. It is a defamation action and names Forks Township, the Express Times, the New Jersey State Police, and police departments in New Jersey. Kline said that he thinks it has absolutely no merit and the Township will vigorously defend the lawsuit.
UNFINISHED BUSINESS
Harvel Plastics – Approval of settlement of tax assessment appeal (Karl Kline, Township Solicitor) - Kline explained that the Northampton County Tax Assessment Office has agreed to a resolution. It amounts to an assessed valuation reduction of $969,500 for each of two lots. The tax loss to Forks will total $2,242 per year. Kline said that valuations are decreasing and the building is old. He felt this to be an appropriate settlement. Chuss made the motion to approve and Miller seconded. It passed in a 5:0 vote.
NEW BUSINESS
Lafayette College Storm water Easement Agreement (Karl Kline, Township Solicitor) - Kline said that the easement is for the Lafayette property at the intersection of Sullivan and Newlins West. There are frequent flooding problems there and the Township wants to improve storm water flows in that area. In order to do that, permission is needed from the property owner - Lafayette College. Everything is in order for BoS approval and signatures.
The motion to approve was made by Chuss and seconded by Miller.
Nicholas asked if this is in the 100 year flood plain and when told that it is, she reminded the Board of the Greenway Plan agreement.
Hay noted that the Township has been given clearance for two endangered species, a toad and a turtle, that were not found here. Apparently, if species are found within five miles of a project, the project must get clearance from the State.
The project is to replace the culverts under Newlins Road West. Howell noted that a development was approved on the north east corner (of Sullivan and Newlins) but that property is now for sale. The developer had agreed to provide extra water courses under Sullivan Trail.
The vote was 5:0 to approve the easement agreement.
Award of Architectural/Engineering Service for Public Works Facility (Erik Chuss, Supervisor) - Chuss explained that the Public Works Committee has been investigating the replacement of the deteriorating garage on Frost Hollow Road. The committee looked into several alternatives including a physical replacement of the existing garage. It was determined that the best decision is to start new.
A request for qualifications was advertised and 43 architectural/engineering firms responded. The field was narrowed to five and they were interviewed. The field of five was then narrowed to three. All three companies gave public presentations this week.
Schnaedter said that it was a long and arduous process. References were checked. Site visits to recent projects were made. The three finalists are Kimmel Bogrette Architects of Conshohocken, PA, George J. Donovan AIA & Associates, of Bethlehem, PA, and Godshall Kane Architects, of Ambler, PA. Schnaedter offered that all three firms were highly recommended.
Howell noted that the estimated cost of the new facility will be $3.2 million and that the Frost Hollow site will be used for storage. It will not be abandoned.
Schnaedter noted that the three firms interviewed are green minded and environmentally conscious.
In a long discussion, each Supervisor gave reasons for their favorite among the three.
James Wideman (resident and candidate for Supervisor) gave accolades to the Board for the process. He said that he saw all three presentations and although all the companies were qualified, he favored Kimmel Bogrette. He thought their architectural designs to be attractive, diverse, and sensitive to green building issues.
David Schleich, a Crown Drive resident, said that he understands the need for a new building. He asked the Board to consider the residents on Crown Drive. He said that it scares him a little to have a municipal garage sitting near his backyard. He hopes that the building looks nice and does not negatively impact property values.
Lilly Gioia (resident and candidate for Supervisor) said of Kimmel Bogrette that they designed for the distinct characteristics of each site and used budgetary diligence to keep the cost of change orders down.
Chuss made a motion "to pursue the development of architectural/engineering for the public works garage with Kimmel Bogrette subject to the negotiation of a contract." Kline summarized the motion: "To pursue the architectural development work with Kimmel Bogrette subject to the execution of a formal contract." Miller seconded.
The vote was 3:2 in favor of Kimmel Bogrette Architects. Both Nicholas and Egolf favored George J. Donovan AIA & Associates.
Schnaedter was instructed to engage Kline to begin the process of contract review. Kline said that it is important that the contract define the scope of the work.
Nicholas said that it is difficult for the public (and some Supervisors) to attend the 7:30 AM Public Works Meetings. Howell noted that Kimmel will interview the DPW and not the Supervisors about the utility of the building.
Editing of Comprehensive Plan Proposal (Robert Egolf, Supervisor) - Howell said that Egolf volunteered to contact professionals in the field of editing. He got a letter back from one of his colleagues, Dr. Ken Friedman. Dr. Friedman has been an editor, a technical writer, a journalism instructor, etc. Egolf gave him a draft of the Comprehensive Plan and asked what he thought of it in terms of grammar and syntax. Dr. Friedman's proposal was in the Supervisors' packets.
Howell said that this will set a framework (a standard) for all comprehensive plans.
Schnaedter offered that this was a "doable" expense. Nicholas asked what is still owed Charlie Schmehl (URDC). She felt that the money to contract the editing should be withheld from him since he did not properly do the job he was hired to do. Schnaedter said that the Township has engaged Mr. Schmehl on additional matters.
Chuss noted that Dr. Friedman's proposal was for $60/hour with a cap at $3,000. He said that he personally read through the plan four times and understood every word. Chuss said that it is a matter of "what" is being presented and not "how" it is being presented. He thought that the proposal was a "large chunk of money" for grammar issues.
Nicholas said that URDC should honor the contract and that spelling and grammar errors are unacceptable.
Howell offered that the content is now just right but that it should read well and that Forks should not send a "semi-schlocky document" into the public domain.
Three members of the ad hoc committee met with Mr. Schmehl early on and he said he'd work on it until they are satisfied. Now, however, he is saying that this is his work product. This is it and he is not volunteering to send it to an outside company.
Chuss asked if the Township needed to hire an editor at the doctorate level. He suggested finding a graduate assistant who might work at a lower rate.
Nicholas thought that a formal letter asking URDC to fix the errors should be sent. The letter should be directed to the principals at URDC and not to Charlie Schmehl.
Egolf noted that it is interesting talking about the end product now. He reminded the BoS and everyone else that the document was not unanimously accepted when it was delivered by Mr. Schmehl. The initial problem was content and to correct that, an ad hoc committee was formed - to redo Charlie Schmehl's work. The committee did that and "spoon fed" Mr. Schmehl with what they wanted.
Howell thought that the Board owes Charlie Schmehl a notice that they are doing this (the edit).
Nicholas made a motion to send a letter to URDC and if there is no response before the next BoS meeting to vote on Dr. Friedman's proposal. Chuss seconded the motion.
Egolf suggested a phone call in addition to the letter. Chuss suggested looking for lower cost editing alternatives before the next meeting.
Schnaedter will write the letter to URDC.
David Billings (resident and candidate for Supervisor) asked what action is sought from URDC. Nicholas responded that she wants them to correct it or to pay for it to be corrected. Billings offered that the letter should state that.
The motion passed 5:0.
Resolution # 090903-1 / Congratulate State Senator Robert C. Wonderling on appointment to Greater Philadelphia Chamber of Commerce (C. David Howell, Supervisor) - Tabled in a 5:0 vote after Howell said that he'd like to table it, do a content review, and vote on it at the next meeting.
Executive Session - There was an executive session. Updated 9/16/2009: Solicitor Kline explained that the Executive Session was held for a personnel issue. No action was taken during the session. Afterwards, a motion was made to solicit Requests for Qualifications (RFQ) from engineer candidates for the 2010 position of Township Engineer. The vote to approve the motion was unanimous. Click here to read the legal notice.
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.
