BoS Meeting 8/3/2006

The August 3. 2006 Supervisors’ meeting was very lengthy despite its modest agenda. Members of the public spoke of noise, traffic and drainage problems. Solicitor Karl Kline discussed the upcoming (August 7th & 21st) zoning hearing meetings on the Kings Mill partnership’s zoning challenge. And, more of the Forks Community Days and the concurrent Municipal Complex Open House details were confirmed. Express Times reporter Sarah Mausolf, was there and reported on the discussion surrounding the Township Manager advertisement decision. Please read her article. We will try to fill in the rest of the meeting.

Supervisor Comments:

• Supervisor Bonnie Nicholas said that there was a request by the "greyhound people" to have 3 dogs at Community Days. She pointed out that "Therapy Dogs" already have permission. Dean Turner (Planning Commission and Community Days Committee) asked if the Board would consider giving blanket permission for all dog groups to participate. Supervisor John Ackerman said that he thought it should be limited or there would be "too many dogs there at one time." The Board voted 5:0 in favor of the greyhounds.
• Nicholas discussed the Community Days schedule. It was confirmed that the opening ceremony for the Municipal Building will be from 11:00-noon on Saturday and that the official open house for the entire complex, Municipal Building, Police Department, and Fire Department will be from noon-4:00 on Saturday only. None of the municipal buildings will be open on Sunday. Nicholas added that she asked EMS if they wanted to participate and has not yet received word from them.
• Nicholas asked the Board on behalf of Harry (Bennet) if there is a "future" for Community Days as an "annual thing." Supervisor Ackerman said that he thought they should "wait and see how it goes this time."
• Supervisor David Howell said that he received an email from John Raquetta (sic) Promotions about the possibility of the Township lending traffic control horses/cones and directional equipment to the Italian Festival at Forks Eagles on Sullivan Trail. The festival is scheduled for August 26-27. Ackerman said that he didn’t see why not. Howell said he’d forward the email to him, Nicholas, and DPW Director Gary Sandt for follow-up.
• Howell said that he received an inquiry from the "Moms’ Club of Forks Township" about having a collection box in the lobby of the Municipal Building. They already have one at the Community Center. The Moms’ Club collects school supplies to benefit the Third Street Alliance of Easton - for needy children. Nicholas said that it was fine with her.
• Hoff said too that he received two letters which he has passed on to Nicholas. One was from the Eastern Pennsylvania EMS Council and the other from the Easton Emergency Squad.
• Supervisor Ackerman reported receiving a letter in praise of the DPW department from Michael & Cynthia Oberheiser (sic). The DPW moved rocks in the swale during recent flooding.

Treasurer’s Report - Secretary/Treasurer David Howell detailed the debits (cash paid out) since the last Supervisors meeting. His motion to accept was approved 5:0.

Standing Committee Reports

• Public Safety - Supervisor Nicholas reported that she was embarrassed when she showed up for a Safety Committee meeting last Wednesday and her key fob did not work. She had to walk through wet grass to get to a Barb Bartek’s window. Bartek let her in the building. Nicholas was with one of the meeting attendees who expressed surprise that Nicholas did not have a key for the front door.

Nicholas met with EMS, Fire Police, & life members. They discussed EMS subscriptions running out at the end of August. Nicholas said that Suburban EMS will let her know what is going on with Forks’ subscriptions after they meet with their attorney. Nicholas said that she asked for their decision in writing. Nicholas will be attending a (Forks) EMS meeting next week. She added that the "life members" are stepping in and getting things straightened out.

Police Chief Greg Dorney - reported that the J.T. Maloney (Signature Homes and a partner in Kings Mill) gift money (ref. BoS Meeting 3/16/06 - Manager’s Report, paragraph 1) was used to purchase audio/video units for two of the police cars. Dorney said that the units "will add some accountability to the officers, increase their level of safety, and help with prosecution matters." Nicholas added that they "might be getting a grant" for some additional units.

Nicholas then brought up a minor complication that is causing a delay to the delivery of
the new fire truck that was expected on August 18. The "minor complication" will cost an additional $3600 and according to Finance Manager Jim Farley the money is available in the capital equipment fund. Nicholas gave permission for the money to be spent since the "minor complication" is needed.

Chairman Hoff asked how much was realized as a discount when the truck was ordered because of the initial cash down-payment. He was told that it was a little over $5000. The conclusion was that even with this extra expense the truck is still under the amount quoted.

Nicholas then asked Solicitor Karl Kline to elaborate on another "issue," this one about not filing for the PEMA loan (for the fire truck) yet. Kline said that the volunteer fire department is supposed to file the loan application and that the Township joins in as a guarantor. After the loan is approved, there must be an ordinance written to authorize the indebtedness and after that, there must be "proceedings" filed with the State in
order for the State to approve the amount of indebtedness. And, after all of that, the Township will be able to sign the paperwork in order to get the PEMA loan.

Nicholas said that until the PEMA loan is received that money will have to come from another account (in order to take delivery on the new truck when it is ready in September.) Kline said that the loan process could take up to 60 days. A member of the fire department said that they have filed the loan papers with Kline for his review. Farley said that he will have to talk to the Township’s auditors but he believes there is money available.

Supervisor Howell raised a "point of order" about the Maloney gift. He asked how much the gift was and was told by Dorney that it was $13K and that they did not spend it all. Howell remarked that "that is a sizeable gift from a developer." He asked if the funds were taken in as revenue and whether or not it was a general gift or was for a purpose. Nicholas said that it was for the Police Department.

Howell said that as a point of order for all future gifts from developers, the Board should agree to accept them. Nicholas said that the Board talked about this when it happened. She said that Ms. Kichline announced at a Board meeting that Maloney gave the money to the Township for use by the PD.

Howell said that for future gifts, the Board should "move to accept them and to accept the purpose for which they are given." Kline said that Howell’s point was well taken. Kline added that there are two parts to a gift, the offering and the accepting. He said that most of the time, gifts would be acceptable but that there could be situations where they Board may not want to accept the gift. He cited as unacceptable conditions: [1] where the Board would have to approve a subdivision or [2] when the gift could only be used for a certain race. He thought that it would be a good idea that at the time of gifts, the Board approve accepting them, especially if they have conditions.

Howell asked Dorney how much money was left. Dorney said that there is approximately $2K left. Howell asked Farley where it is in the record keeping and Farley replied that it is in an accrual account for the PD.

Ackerman suggested making a motion to accept the Maloney gift for cameras for the police cars. It passed 5:0.

Emergency Management Co-ordinator (and Fire Chief) Tim Weis said that Mr. Maloney also approached him about a similar donation but Weis said he didn’t know what the Fire Department wants yet. Weis was cautioned to approach the Board so that they can make a motion to accept it. Ackerman said that he thought that the Board should reconsider the matter of keys for Supervisors. He said he and Howell went to a COG meeting in Williams Township and were given a tour of their new building. Ackerman said that Williams Township Supervisors have keys for every building and every room. Ackerman added that he contacted 6 other townships and in every case the Supervisors have keys. Dorney has prepared a report on building entries and when the Board has reviewed it, Ackerman asks that they revisit its "key" action.

• Public Works - Supervisor Ackerman - reported that Lower Nazareth is willing to buy Forks share in their jointly owned milling machine. Farley said that it is valued at $110K and that Lower Nazareth will pay off Forks portion of the note and pay Forks ½ of the equity in the machine (approximately $42K). Kline will work with Farley on the paperwork. The sale was approved "administratively" (so that when all the details are worked out the sale can be done) in a 5:0 vote.
• Parks & Recreation - Supervisor Miller - (Note: Miller reported on events in the parks and not on meetings of his committee.) Miller said that summer programs are winding down, that the adult outdoor basketball program finished up this week, and that the indoor kids tournaments are finishing next week. Fall sports, football and soccer, are due to start next Monday night.

Miller said that there is a problem with one of the air conditioners in the Community Center and that he hopes that it is fixed in time for Monday’s Zoning Hearing Board meeting. Miller said that the Township has no contracts with repair people and that he is "not too happy" with the vendor they brought in to do the repairs. They were a no-show for two days. Albarell Electric was finally called in and they found an electrical problem. It was not fully functional on Thursday.

• Community Relations - Supervisor Howell - reported that they met last week with with Hometown Press and that the first edition of the Forks new quarterly will be out in October. Howell said that Joe Ferry of Shadywood Communications has been assigned as the editor/staff writer for it. Howell added that all Supervisors, managers, and directors will get an email from Joe Ferry outlining the requirements for their articles (for the first edition). Joe Ferry will do the writing.

Howell said too, that pages 2 or 3 will contain a message from the Board. He said that in the first edition, it will be about the quarterly itself. In future editions it will more likely be a recap of things of significance that have happened in the last quarter as well as things that are upcoming in the Township. Howell volunteered to write the first one (if no one else wants to) and added that he will send it to each of them for comment.

Howell said that advertisement sales are going slowly and that he was told that this is not unusual for a first time publication since businesses want to know what a publication will look like before committing money. Howell said too, that one of the things the Township has going for it is that the quarterly will be mailed to every household in the township. Businesses like that.

The deadline for getting the paper out to layout designers is September 1st so articles must be in the next couple of weeks.

Howell also said that the Historical Society would like to update their part of the website and he is working with them on that. It should be done in the next couple of weeks.

• Finance & Administration - Supervisor Hoff - reported that there will be a committee meeting next Wednesday at 3:00 PM.

Nicholas added here that some little boys came up to her and thanked the Police Department for the academy. She said that they want it to be there next year. Dorney said that they have changed a few things, added programs, and that interest has always been there.

Engineer’s Report - Fred Hay - said that he is looking to the Board from some direction regarding developers’ improvement security releases. How it has worked in the past is that the developer applied for it, their engineers certified the quantity, Hays office verified it, Hays office signed off on it, the Township Manager signed off on it, and then sent it to the security holder (bank) along with a cover letter (in order for the bank to release the funds.) The Board voted 5:0 to allow Finance Manager Jim Farley to sign the paperwork.

Solicitor’s Report - Karl Kline - reported that he received a call from Williams Township’s Manager, Debbie Patterson about 30,000 gallons of sewage treatment plant capacity. It was owned by the Crivellaro family and was sold it to Williams Township. Williams will keep 9,000 gallons and Forks will purchase 21,000 gallons at $6.80/gallon ($142,800). This purchase was voted on at the November 3, 2005 Supervisors’ meeting. The check was approved 5:0.

Kline next reminded everyone of the "zoning validity challenge filed by Mr. Maloney, Mr. Zawarski, and Mr. Benner" will have it’s first hearing date before the Zoning Hearing Board (ZHB) on Monday, August 7th at 7:30 PM in the Community Center. The second hearing is scheduled for the 21st. Kline said too, that he is sure that there will be additional hearings.

Kline said that what they are trying to do is have the zoning in the Farmland Preservation (FP) district declared illegal so that they can put in several thousand homes on the 550 or so acres that they control there. Kline said that what is at issue is the "sovereignty" of the Township and "whether or not the developers are going to dictate or the Board of Supervisors are going to dictate the course of development in the Farmland Preservation district."

Planner Dean Turner asked that since it’s a public hearing and the public is invited, what can they (the public) do? Kline replied that the ZHB will make up the rules and that they have their own solicitor. He said that he imagines the public will be allowed to ask questions of witnesses. Nicholas remarked that all witnesses must be sworn in.

Turner asked what he/the public can do to prepare and said that it sounds like they should be preparing testimony about the things that are actually offered that the KM partners say are not. Kline said that he will leave a copy of the "challenge" with Barb (Bartek?) for anyone who wants to see "where they are headed and the points they want to make."

Kline said that he and Attorney Steven Goudsouzian will represent the Township. The first part of the case will be the challengers presentation of the testimony and then the Township will have an opportunity to cross examine (their witnesses.) Later on, the Township will present their witnesses and then KM will have an opportunity to cross-examine.

Comments from the Public:

• Elizabeth Westbrook from North Delaware Drive told the Board of increased, dangerous traffic on 611 near the Riverside Deli. She said that the 45 mph speed limit is not enforced and that pulling out of her driveway is dangerous. She said too that mailboxes are on the opposite side of the street and access to her river property is also across the street. She told of the many joggers and bicyclists and that the road is in very bad shape (erosion from flooding and damage from heavy trucks.) Ms. Westbrook said that the post office told her that it is unlikely to allow mail delivery on her side of the street since it’s too dangerous. She asked the Township to lower the speed limit to 35, ban large trucks, add weight limit restrictions, and enforce highway laws. She said, "Citizens deserve to be protected."

Hoff said that the Township can only address the police issue since 611 is a PennDot road. Westbrook said that the Township can write a letter to Rep. Grucela and that his office said that she needs a letter from the Township in order to do anything with PennDot. Howell suggested that she lobby the State Representatives to allow radar use by local police. Dorney said that his department has handled 700 more calls this year than last year at this time.

• Gretchen Gerstel, Forks Avenue, said that she learned from Farley that Miller was the second signer of the check to pay for the $3000 table. Ackerman offered that he refused to sign the PO for the table. Only one signature is needed on a PO. Nicholas said that it was a special order table and was the result of a "glitch" in the system.
• Regina Clay (from Briarwood at Steeplechase) told the Board of drainage problems and broken promises by the developer, Zawarski. She said that he promised to level and re-grade the trenches and swales that are causing basements to flood. She added that the standing water is causing mosquitoes and flies. Hay said that he visited the site and that the developer cannot get in there to do anything because all the residents put up fences. Ms. Clay was advised by Hoff that this is an issue with the developer. Clay said she has called his office and sent certified letters and that he doesn’t return calls.
• Holly Baldwin of Palmer Township near Bushkill Part told of the 11 hours and 4 stages worth of music coming from the Bushkill Park fund-raiser. She said that there were 60 bands and that she called the park as well as the police. Baldwin told of her aged mother in tears because of all the noise. The police told her that the park has a special permit. Weis said that there was no special permit issued and that the use is "permitted." He told her too, that the park has its own security force and K-9 unit. He added that the park will give away trips to Atlantic City to all the neighbors if they do it again. Dorney said that the Township PD were called there 3 times. The first time they made them shutdown 2 stages. The second time they made them turn the volume down. The third time (10:35 PM) they shut it down.
• Donald Telly (sic) of Richmond Road and next door to Forks Elementary School told of the speeding on Richmond Road. He said that many cars are using Richmond to avoid the lights on Sullivan Trail. He said that he has a 1 year old child and it’s dangerous. He asked that the Township put in speed bumps, use radar, or make the road one-way. Hoff told him that it is a PennDot road. Telly asked that a police cruiser sit in his driveway.
• Dean Turner of Richmond Road (and the Planning Commission) said that Harry & Susan Bennett (Community Day Chairs) wrote a letter to One-Up LLC to ask permission to use the old Laneco lot (in front of the vacant store) for Community Day parking. They were given the okay as long as there is $1 million liability insurance policy where One-Up is named as an additional insured. Turner added that the Fire Police are scheduled to patrol parking lots. Kline said that the Township insurer needs to be notified to be sure that the coverage is provided. Nicholas said that she will call Barb (Bartek?) and have her look into it.

Turner had a suggestion for the Township website, that there be an announcement page for all legal announcements. He said that he, like a lot of people today, does not subscribe to newspapers and reads online.

Turner said that he was not speaking for the Planning Commission (PC) but for himself as a member of the PC. He said that there is no formal mechanism to gather and present PC information to the Board of Supervisors. He said that he knows that Kline and Hay attend both meetings but he doesn’t see "how humanly they can represent both at the same time." Turner said that he felt that some "very good conversations" are not related to the Board because they are not incorporated in decisions that the Board makes. He added that he doesn’t understand "why the PC exists if their efforts are only going to be duplicated by more conversations later." Turner asked that a more formal method to give input to the Board be created. He suggested a rotation of members at Supervisors’ meetings to report on projects. He said that he’s heard that minutes are provided but he doubted that if there was a PC meeting one Thursday and a Board meeting the next, that the minutes are available.

Turner said he was disturbed by things he’s noticed, namely that when developers come in to speak they are greeted with friendly banter, concessions are made, and things are granted. When residents of the Township come in with problems, they are told "that’s not our issue, that’s a PennDot issue, you have to talk to so-and-so." Turner said that he is one of many who elected the Board to represent him and that developers did not elect them. He added that he’d like to hear more about how the Board will help residents, perhaps offering to "spearhead" issues with PennDot so that the residents will feel like the Board is representing them and not other people.

NEW BUSINESS

Forks Village Subdivision, Phase I - Developer’s Agreements - Kline said that he had a signed agreement, a certificate of insurance, a letter of credit, and that everything was in order. The vote was 5:0.

Riverview Estates:

a) Phase 2C Temporary Parking - Hay said that his letter, dated 7/7/06 described this as basically a temporary parking lot. Howell said that he was at the PC meeting where this was discussed and he remembered a "condition" in their acceptance. That condition was that there be snouts installed to skim off petroleum (grease & oil.) Hay said that their engineer agreed to snouts and that he will be sure that they are included in the submitted drawings. Turner added that the snouts were put in as a condition because the parking lot drains directly to the river and the runoff will contain parking lot dirt as well as car dirt. Turner said that snouts are one of the water management suggestions from the State and that they help to filter off the petroleum products.

Nicholas suggested that PC meetings be digitally recorded so that she can hear their (the PC) comments before the projects come before the Board. Hoff noted that the minutes are the official record. Kline affirmed this and said that they are the official record because they are reviewed and approved. Turner said that he will gladly tape the meetings for Nicholas.

The vote was 5:0, with conditions.

b) Recreation Center - Developer’s Agreements - Kline said that all is in order and that the developer wants to move forward with infrastructure improvements for the Riverview Recreation Center. The vote was 5:0.

Resolution #600803-1 / Two Rivers Council of Governments - Howell said that the Twin River COG would like to have the Borough of Freemansburg as a member and in order to do that a Resolution is needed from each member municipality. The vote was 5:0.

Resolution #060803-2 / Liquor License Transfer - BW Forks, Inc. - Kline explained that the public hearing on this liquor license transfer from Bethlehem to Forks was held last February. This is for Big Woody’s Sports Bar. The PA Liquor Control Board approved the application. The vote was 4:0. Howell abstained because he wrote a dissent to the PA Liquor Control Board asking for a additional conditions including a period of good behavior. Howell said that he was disappointed in the PLC.

G&G Developers LLC Land Development - Developer’s Agreements - Kline said that the developer is ready to get a building permit and to start building. All is in order. The vote was 5:0.

DCNR/Lehigh Valley Greenways/Permission to use Meeting Room August 30, 2006 - Granted in a 5:0 vote.

Advertise Township Manager Position - Ackerman said that he would like to hold off on this until after the ordinance and job description are re-written. Hoff agreed that they need to be redone but he thought that the advertisement should go out while the documents are being rewritten.

Howell said that he thought they should at least start the process. He explained that when one advertises for a position, a complete job description is not included in the text and waiting to do that will delay it until the fall. Nicholas thought that the qualifications may change. Howell said that they can send out a letter acknowledging receipt of the resume(s) and stating that the job description is subject to change.

Nicholas agreed with Ackerman. Howell agreed with Hoff. The audience chimed in and expressed their opinions - agreeing with Ackerman and Nicholas. Many comments were exchanged. Gerstel said that "we don’t need another $3000 table" and that the "citizens of this town are totally fed up and if you don’t believe me, you will a little later on in the year." She added, "Or maybe some of you should resign from the Board if you are not qualified to sit up there and pass judgement." Then she added, "I guess nobody else has the guts to get up and say anything. What are you going to do to me? Ask me to move?"

Another attendee asked the Board if they’ve ever considered a Township Planner instead of a Township Manager. She said that Palmer Township has one and it’s working well. It was noted that Palmer also has a Township Manager.

A motion was made by Howell to solicit resumes for a manager subject to any change in the ordinance describing the duties. Miller seconded the motion and noted that he thought from their previous discussions that they were going to advertise in PSATS magazine but he just got his and there was nothing in there. He would like to run an ad in it since it goes to every township manager in the State of Pennsylvania and is not just local like "our newspapers are."

Ackerman said that it’s a good idea to put it in the magazine and that it must be done right away to make the next issue. He added that he thought it was too early to advertise in the local papers.

Turner asked if the 5 people on the Board have a consensus of what they are looking for and Nicholas said that she guessed they do not agree on that. Turner asked how they could go forward with the process if they don’t agree? Hoff said that they can work through the process to build the document (ordinance and job duties) and that it will be a consensus of the Board but it doesn’t mean that they will agree on the same person.

The discussion went on with more interjections from other members of the audience.

A vote was taken and the motion to advertise the position in the PSATS, Lehigh Valley economic and trade journals and the local newspapers was passed 3:2. PSATS will be done right away. The resume deadline date was set at September 15. Ackerman and Nicholas cast the nay votes.

EXECUTIVE SESSION - There was an Executive Session to discuss litigation and a personnel matter. No action was taken by the Board and the meeting was adjourned.

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.

BoS Meeting 4/6/06

There was a pre-meeting (for the residents near the CIT project - who cared enough to come and ask questions) before the 4/6/06 BoS meeting. Only one couple came. And, they cut the working hours deal for all the nearby neighbors. The regular meeting began at 7:30. Sarah Mausolf (Express Times) and Joe Nixon (Morning Call) were there. Please read their very informative articles. They always include material from their after-meeting interviews.

SUPERVISORS REPORTS (Committees)

• Secretary/Treasurer David Hoff - Administration & Finance Committee: Hoff reported that the job descriptions for the office staff are complete and that they are putting them into a format that will make them easier to read and follow. They will be ready in the next month or so.

• Supervisor Bonnie Nicholas - Public Safety Committee: Nicholas reported that the Police Department is beginning its 5 year plan. Chief Greg Dorney has given the committee a "good" schedule. She said that Dorney is going to check into the the Rapid Notification Program, a program to inform the public of impending emergency situations. Nicholas said that at their next meeting they will begin to review the Emergency Management Plan.

Nicholas announced that Forks EMS wrote a check to the PA State Fire Commissioner, that Atty. Gary Asteak is working on the (EMS) bylaws, and that an audit of their last 10 years is in process. She said too that Kichline and Dorney are going over the "Knox Box" Ordinance - and it will be finalized for the Board’s review. Bryan Weis is going over the ID System that all Supervisors and Township employees will have to have.

Nicholas also said that she spoke with officials in charge of Public Safety Commitees and PSATS (Pennsylvania State Association of Township Supervisors) about keys for Supervisors. She was told that it is good governance for all the Supervisors to have keys for all the buildings (in case of emergencies - since no one knows who will be around when needed). She gave copies of their letter to the Board. She asked that this be added to the next meeting’s agenda.

Nicholas asked too to have locked Supervisors’ mailboxes in the lobby of the Municipal Building. It was discussed in the past but no decision was made. This too, has been added to the next meeting’s agenda.

• Vice Chairman David Howell - Community Relations Committee: Howell reported that he, Ackerman, and Township Manager Cathy Kichline have been meeting to work on the design and format of a new Forks "quarterly" publication. They hope to have a "mock-up" at the next BoS meeting (or the one after that) for the Board’s review. He said that the first issue could run 16 pages and will be a good vehicle for the Township to impart pertinent information to residents.

It will not cost the taxpayers any money as it will be paid for with advertising revenues - a "limited" amount of advertising so as not to disrupt the content. Kichline is currently working at getting together an estimate of the full publishing costs so that advertising rates can be established. Nicholas asked if there are written guidelines for content. Howell said that it will be "politically correct" and that the BoS will set the editorial policy. Each segment of the community government will have responsibility for a portion of the bulletin. The committee anticipates that this will not be a "newsy" publication but more an informative one.

Howell added that one of the functions of the Community Relations Committee is to "bridge the information gap between citizens and government." Another is for forge relationships with Forks neighbors. He told of the COG (council of governments) "vision" to help the City of Easton and he said that Forks Community Days is one way to help bring communities together. There will be representation from the arts community of Easton, the Easton Farmers’ Market, and (some form of participation by) the Easton Business Association.

• Supervisor Donald Miller - Parks & Recreation Committee: (aside - to our knowledge the Parks & Recreation Committee has yet to meet.) - Miller said that the winter programs ended 1-1/2 weeks ago. Forks had two basketball teams play for the finals, one won (13 year old girls) and one lost (by only one point in the last 7 seconds of the game.) There are two months before summer basketball and during that time the gym floors will undergo refurbishing. He added that Forks will host the AAU tournaments on weekends. And, he said that Engineer Fred Hay is designing the parking lot for the Meco fields. Permanent bathrooms will be installed in the future.

• Acting Chairman John Ackerman - Public Works Committee: Ackerman related that they are working on job descriptions and have been dealing with personnel matters.

REPORTS - MANAGER, DEPARTMENTS, ENGINEER, & SOLICITOR

• Township Manager: Cathy Kichline - Kichline noted that Urban Research & Development Corporation’s proposal (dollars) to revise and update the Comprehensive Plan was in their packets. She said that it just came today and she will add it to next meeting’s agenda.

Kichline informed the Board too that the Fire Department has hired Service Master to clean the new firehouse and that she has given them "key access" on Wednesdays between 5:30 and 7:30 PM.

Kichline said that she, Dorney, & Zoning Officer Tim Weis reviewed "our ordinances" and met with District Justice Litzenberger. She will forward all materials to Kline for his review of amendments/changes regarding the "enforcement-ability of those particular ordinances." The Board should see "that" within the next couple of weeks.

Kichline noted too that she, Hay, Weis, and PC Chairman Vito Tamborrino will be meeting to work on the technical aspects of the SALDO in the event that URDC is hired to assist. And, she said that she will be speaking to the Sertoma Club at their April 11th meeting at 6:30 PM.

And, she said that the egg hunt will go on rain or shine on Saturday (4/8/06).

• Police Chief: Greg Dorney - Dorney reported on the Arndt/Bushkill intersection. He said that in 23 days of enforcement in March, there were 59 citations issued for stop sign violations, 4 DUI arrests, 3 drug arrests, 1 firearms arrest, and 3 injury accidents. They will continue targeted enforcement at that intersection.

Dorney reported too that he and Officer Rowden attended training in Harrisburg last week. They were trained as (and are now certified) "assessors" for the State Assessment Program. They will be asked to conduct assessments throughout
the Commonwealth.

• Finance Manager: Jim Farley - Farley reported that the 2005 audit is almost done. The auditors should finish one day next week and the reports should follow in a month or so.

• Department of Public Works Director: Gary Sandt - Sandt said that they are busy with street sweeping, working on the Old Mill Road storms sewers and grates (so that the bike-lane can be put in), installing traffic "humps" to slow the traffic down (in the park), and doing some work around the pump station to "dress it up."

Howell wondered about the Township’s preparedness for the approaching hurricane season since we have pockets of 100 year flood plains all around us. He suggested that the Township have some sort of "incident management" plan to deal with excessive rains. He noted that during the last heavy rain, the Township ran out of "horses" to block the flooded streets. Kichline replied that the Public Safety Committee will be, in the next two weeks, going over and updating the current Emergency Management Plan and that part of that work will be identifying available resources. A list of detention and retention pond ownership is being prepared by Pete Gheller (Facilities Director) and Sandt.

• Zoning Officer: Tim Weis - Weis reported that the billboard (on Sullivan Trail near Lockwood Congress) is down and that the flower tent is back again this year and this time they are paying the new, higher fees and are under the new "term" rules.

• Engineer: Fred Hay - Hay said that the Board had a letter to Kichline from PennDot (in their packets) regarding directional signs that the Township wants. They are looking at three intersections: Kesslersville & Uhler, Kesslersville & Kuebler Roads, and Arndt & Bushkill (blinking lights and new road markings.) PennDot has no problem with the directional signs (posts with mast arms) as long as the Township pays for them.

Regarding Gollub Park, Hay said that the survey plan is recorded and that plats and descriptions for easements have been prepared. When asked by Howell to report on the tree cutting up there, Hay said that 2 trees were cut down today. Howell said that there more like 10 trees cut on the right-of-way. He provided photos for the Board to see. Howell added that the right-of-way is now in disarray and is unsafe for hikers. He said that a less-than-an-acre parcel has been clear-cut by a logger. He wants a truck sent by the tree-cutting-landowner (at his own expense) to clean up the path and he said that he thought that the Township should be compensated for the fair value of the trees cut (in the right-of-way), approximately $16K.

Solicitor Karl Kline noted that the right-of-way is not a Township road and that ownership of a "paper street" reverts to the adjacent property owners (up to the middle). Kline added that the property owner (who cut the trees) says that he’s been denied access to his property. Kline noted that "who owns the trees?" is an "intricate point" and he will have to look at the SALDO for provisions for woodlands and will report to the Board at the next meeting.

Pete Rossi (the property owner who cut the trees in the right-of-way and member of the Zoning Hearing Board) addressed the Board saying that Township officials knew that he was going to do that and that he did not clear cut his lot. He also said that the mess will be cleaned up. Rossi said that so far the trees have cost him more then $3K to get rid of. He said he cut 4 live trees and two dead ones (in the right-of-way) and that (on his lot) he cut trees 50 feet in, and did not "clear cut" the entire lot. The trees will be chipped.

Solicitor: Karl Kline - Agenda items only

CORRESPONDENCE

Ackerman noted that the Board has received a response from the LVPC (Lehigh Valley Planning Commission) regarding the Comprehensive Plan.

UNFINISHED BUSINESS

ELECTION OF CHAIRMAN/B.O.S. - Kline said that at their annual meeting the Board is required to elect a Chairman. No one was elected at that first meeting in January and he (Kline) made a determination to allow the previously elected Chairman to continue until a successful election was held. There is no provision in the Second Class Township code for what happens if a Chairman is not elected. There is also nothing in the code dealing with whether or not an elected Chairman has a vested right to remain in that position for the entire year.

Howell explained that he put this item on the agenda because the Board failed to elect a chairman and that since he was not on the Board last year, the Board is a "new" Board. He felt too that not electing a Chairman is a disservice to their responsibilities.

Nicholas nominated Ackerman. Ackerman seconded. Howell nominated Hoff. Miller seconded. Hoff said that he would step down as Secretary/Treasurer if elected. The vote for Ackerman was 2:3. The vote for Hoff was 3:2.

Next Howell was nominated for Secretary/Treasurer. He said that he would step down as Vice Chairman if elected. He was elected in a 3:2 vote. Hoff nominated Ackerman for Vice Chairman but Ackerman refused the nomination. Hoff then nominated Miller and Miller was elected 5:0.

REPORT OF EAJSA/HENNING HOLMGAARD - Holmgaard reported that Easton is represented on the Authority by one person while Easton has 6 representatives. Palmer has 2 representatives. He said that Palmer owns the 2nd largest share of capacity and Forks owns the 3rd largest. He asked that the Board write a letter to the EAJSA and request another member. Ackerman said that this was a "no-brainer to go for it" and the vote was 5:0 in favor. The letter will be ready for the April 17th EAJSA meeting.

ZACHARY ZAZO - C.I.T. LAND DEVELOPMENT/REQUEST TO ALTER WORKING HOURS - Howell said that there was an earlier meeting that evening with the neighbors of CIT and the developer to discuss the requested change in working hours. He felt that it was thorough. The Dewey Engineering representative, (Warren Garrity ?) summarized the meeting. He said that he explained to the neighbors that the noise factor would be limited to the first 1 to 1-1/2 hours of the work beginning at 10 PM. After that after that, the roofing contractor will scrape the cut material off the roof and load it into wheel barrows for disposal down the shoot to the garbage bin. There will be no hauling-away and no truck traffic during the night working hours.

He added that there is a large magnitude of work to be done there over the summer and changing the work hours will help them to get it done. The neighbors and he agreed to a trial of sorts. If the noise bothers them, the operation will be stopped. The neighbors were given the home and cell phone numbers of Mr. Garrity(?) so that they may contact him at any time. Twelve letters were sent to residents and only the Hoaglands attended. The Board allowed the working hour change (10 PM - 6 AM) in a 5:0 vote.

NEW BUSINESS

TRANSFER OF LIQUOR LICENSE PERMIT/APPLICATION & FEE - Howell reported that the Township was completely unprepared for Big Woody’s liquor license transfer request and had to write a letter to Woody’s counsel in order to learn something about it. He provided a sample permit form for the Board to look over.

In discussion of the sample form, Nicholas said that she thought that the name and address of where the license is coming from should be on the front page of the form. She said too that the form requires that the applicant provide the name and address and telephone number of the contact person for each license (including the inactive ones) already in the Township. She asked, "Why do we need to know that?" She thought that it had nothing to do with an incoming license. Kline said that this information would let the Board know how many potential licenses are already in the Township. He added that it is not a burdensome requirement for the applicant. Hoff noted that the Township is not notified if someone transfers a license "out" of the Township. Nicholas then agreed that the requirement to provide the information stay on the permit form.

Hoff asked what fee would be appropriate. Kichline suggested that fees be $1000 for the first hearing and an additional $750 if a second hearing is necessary. The fees represent the cost of advertizing the hearing and paying the court recorder’s fees. Kline suggested that the fees be in line with the costs for a zoning hearing. He will prepare a resolution for the Board for the next meeting.

GODDARD SCHOOL/DEVELOPERS AGREEMENTS - Kline reported that all was in order. The agreements were accepted 5:0.

GLEN HALE LAND DEVELOPMENT/DEVELOPERS AGREEMENTS - This is a u-store-it facility on Glover Road. Kline said that all was in order and the agreements were accepted 5:0.

CROP FARMING LEASE AGREEMENT - The Board agreed 5:0 to allow Mr. Rinaldi to farm the Township’s 53 acres on the southeast corner of Richmond and Newlins Roads. Rinaldi will pay $55/acre ($2915). Ackerman asked that the Township land near the airport also be included in this because time is getting late to plant crops and the Rinaldis are willing to farm it at the same price. The tillable acreage is yet to be determined. Hoff suggested that this lease be approved now and that there be another motion to "administratively" execute the second lease once the acreage question is answered.

Miller said that Alex Gale (project manager for the new municipal complex) has the "transition" zone acreage. Gale said that corn cannot be planted there. The Board agreed in a 5:0 vote that there will be no crops planted in the transition zone and that both leases are approved.

SETTLEMENT OF TAX ASSESSMENT APPEALS: (1) Knox Avenue Senior Associates (2) MCS Industries, Inc. - Kline explained that the Northampton County tax assessment office handled these appeals initially and agreed to lower the amounts. The EASD also signed off on them. The Board voted 5:0 to sign off too.

AUTHORIZATION TO HIRE PART-TIME ADMIN. ASST./ZONING OFFICE - Weis said that he received 40 applications for this 20 hour/wk position. He conducted 10 interviews. He recommended the hiring of Cheryl Murphy (sic) and the Board voted 5:0 to hire her. Her pay will be $13/hr.

EXECUTIVE SESSION - The Board met to discuss a real estate matter as well as several personnel matters. No action was taken and the meeting was adjourned.

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.

BoS Meeting & Public Hearing 2/2/06

On 2/2/06 the Board of Supervisors began their evening shortly after 7:00 PM - the court stenographer was late - with a Public Hearing on the request for an inter-municipality liquor license transfer. Big Woody’s (BW Forks, Inc.) has purchased the license of Savio’s (sic) Lounge on Stefko Boulevard. Both Amy Unger (Express Times) and Joe Nixon (Morning Call) were there. Please read their articles.

PUBLIC HEARING - Liquor License Transfer

Solicitor Karl Kline stated the purpose of the meeting and some of the history of the Pennsylvania State Legislature’s rules and regulations regarding liquor licenses. Prior to 2000, the number of liquor licenses available in an area was fixed and based on population. In 2000 the Legislature allowed inter-municipality transfer within a county stipulating that a public hearing must be held.

Kline further said that after the public hearing, at a public meeting, the BoS votes on it. And, after that vote, the PA Liquor Control Board conducts an investigation into the character of the applicant and the suitability of the location. Also, if the BoS rejects the request, the applicant has the right to take his case to the Court of Common Pleas.

The BoS has 45 days from the date the application is received to decide on the request. The clock began ticking for this one on 1/5/06 and ends on 2/19/06. He also said that the BoS MUST approve the request unless they can prove that it would adversely affect the welfare, health, peace and morals of the community or its residents. Objective evidence must be presented, not just opinions.

TESTIMONY

Attorney Tamer Ahmed represented the applicant, BW Forks, Inc. Elwood Michael Marcks, Jr., (Big Woody) Elwood Marcks, Sr., and Justin Marcks testified.

Marcks, Jr. said that he was a 1986 graduate of Penn State University in Restaurant Management and that he, his father and brother plan to open an Italian restaurant/sports bar/pizza delivery business in the new Sullivan Forks Center (Sullivan Trail I). He said that his father was a former defensive tackle for the Philadelphia Eagles and the NY Jets.

The menu they brought included a kids menu. Marcks, Jr. added that they hope to offer discounts on pizza for schools, to donate to the little league, and to donate to the schools - and that they have 20-30 employees at each of their other three locations.

When asked if any of their restaurants received any LCB citations, Marcks, Jr. said yes. He added that all of their employees must take a course in responsible alcohol management (State RAMP program at Lehigh Univ.) and that the law requires that 80% of employees must be certified.

Marcks, Jr. was asked (by Ahmed) what the benefit of their establishment would be to Forks. He said that they would like to get involved in community sports and to perhaps donate weight lifting equipment to the high school.

Marcks, Jr. described the 6000 square feet restaurant as similar to a TGI Friday’s but with pizza delivery on the side - like an upscale Pizza Hut. They will hire locally (except for Justin Marcks and himself who are from Allentown.)

QUESTIONS FROM THE BOARD

Supervisor David Hoff asked how many LCB violations they had received and was told that there were three and that the last was for serving a minor. Supervisor Bonnie Nicholas asked if serving minors was their only violation and was told "yes." She asked too how many employees will be going to the RAMP program. Marcks, Jr. said that all of the employees will be certified (even though the state only requires 80%).

When asked by Nicholas how many feet their restaurant would be from the new Goddard School, Marcks, Sr. replied "approximately 1000 feet."

Nicholas asked what the hours of operation will be and was told that the other restaurants are open seven days a week from 11 AM until 2 AM but that they would probably be less in Forks.

Supervisor Don Miller asked if the majority of the business would be more restaurant or bar. The answer to that was that Big Woody opened the first sports bar in the area and that Big Woody ‘s will have a meeting room as well as make donations to youth centers since he is a kidney transplant receiver.

Supervisor David Howell asked, "What interested you to come to Forks?" Big Woody answered that he does a lot with Posh (the developer of the commercial tract) and he is interested in areas that are growing - that he wants to do more restaurant business. He said that Posh is the landlord of their 12th and Liberty as well as their South 4th Street sites. Howell asked if Posh contacted him or he Posh and was told that it was a little bit of both. He added that Forks is a good growth area and a tight community. Marcks, Jr. said that they "want to one with Forks." Howell asked Marcks, Sr. if he had come to see the site ("yes") and then he requested that he step to the plan and point out various other businesses on the site. Engineer Fred Hay helped the Marcks to locate the Goddard School on the map. It is by Howell’s calculation, 412 feet from the restaurant/bar.

Howell asked Marcks, Jr. to describe his duties. He said he’s in charge of everything - through managers in the locations. He said that he makes personal visits/inspections every day and starts in the morning at 12th & Liberty.

Howell asked if they had any violations at their (now sold) Fullerton location. They said "no." Ahmed noted that the LCB will be doing a thorough investigation. Marcks, Sr. said that the violation there was not them but a violation that came with the license.

Howell asked about gambling citations at 12th & Liberty. Howell said that the allegations were for cash payments and that undercover officers reported how much money changed hands between the bartender(s) and patrons. Howell asked if Marcks, Sr. intended to have the boxes here in Forks. Marcks said that if you don’t want them, they will not have them (the games of chance boxes - with 10 or so games) in Forks.

Howell produced photographs that he took of two of the three Big Woody’s exteriors to enter as exhibits. A set was passed through the audience. He was asked by Acting Chairman John Ackerman if he took the photos on his own or under the direction of the Board? Howell said that he took them on his own.

QUESTIONS FROM THE AUDIENCE

Clarendon Drive resident Scott Gingold asked exactly how many citations their other facilities have received over the last 5-10 years and was told by Marcks, Jr. "the ones I was aware of I told you about." Gingold asked how many times the police were called in the last 5 years and was told that the sites had motion detectors that were sometimes set off by the air conditioning and they don’t know how many times the police responded. They have turned off the motion detectors. Gingold (later) urged the Board to restrict the hours of operation.

Resident Dave Bennett asked how close the business will be to Clarendon; he is concerned about the lighting. He was told less than 1000 feet and that BW Forks, Inc. wants to make it a nice place and that they do not want what they have in Allentown in Forks. Big Woody added that "this will be a step up for us."

COMMENTS FROM THE AUDIENCE

Duncan Williams, Village at Upstream Farms resident, remarked that this town is rather endowed with Italian restaurants and pizzerias and that it seemed to him that profits will be diluted. Brian Clark of the Goddard School said that he is "uneasy" about having a restaurant and bar so close to the Goddard School. John Neff (resident) asked if the citizens could vote? (He was told by Ackerman that the Supervisors are the only ones who can vote on it.) Dean Turner (PC) asked "When did the approvals actually happen?" Kline answered that the commercial development was approved under the Performance Subdivision - and permitted "by right." John Castrovinci (PC and Principal of Forks Elementary School) said that he was concerned that it was so close to the new kids in the new houses (going in behind it) and to the "little tykes" learning center. He also expressed concern about the gaming and gambling violations. Erik Chuss (PC) asked if there was anything in the Zoning Ordinance regarding the proximity of bars to schools or residences and Kline replied none that he was aware of and he presumed that Zoning Officer Tim Weis (not present) checked it against the Zoning Ordinance. Ahmed said that it was 300 feet. Howell said that it was 500 feet.

Turner wondered about the LCB and its rules for open space/recreation areas since there will be open space in the behind the bar (in the townhouse development.) Hay said that the plans call for open space and not a recreation area.

The hearing ended. (The Board will vote during the regular meeting.)

REGULAR MEETING

REPORTS: SUPERVISORS, MANAGER, ENGINEER & SOLICITOR

• Hoff reported that the move to the new building went very well.
• Miller said that it’s very busy at the Community Center and that the new parking lot is open and being used. It holds up to 250 cars.
• Ackerman stated that there were many emails between Board members regarding building keys.

Township Manager Cathy Kichline said that the Board has keys to their entrance and to the conference room and requested that if the Board members require access to Administration or Zoning after hours that the Board should approve it.

Ackerman said that he contacted 6 other municipalities as to their policy and was told "Why not?"

Hoff said that he has the same access as he did to the old building and it was sufficient.

Kichline said that the Supervisors’ key fobs give full access during working hours.

Nicholas said that she feels that she should be able to go into any building at any time (except the Police Department.)

Howell said that during normal working he can go anywhere that he wants and that’s all he wants. He said that he has no problem denying free access to the Administration area because of the sanctity of certain files that are kept there.

Kline suggested that they have 3 brand new buildings and that now is the appropriate time to develop a total system of security for who will have access to the buildings.

Ackerman suggested a workshop for developing job descriptions for employees. Hoff said that he would prefer that the committees take this on as a project. Howell said the standing committee structure is good for projects of this nature. Ackerman said that each committee should do it soon. Kichline said that the PD job descriptions were done as part of the accreditation process.

Ackerman offered that the workshop can be held after the job descriptions are developed (by the committees).

• Kichline thanked the Board and the residents (on behalf of the staff) for the new building. She said that they are now working in an "environment of calmness."
• Kichline announced that the 4-way stop on Arndt & Bushkill was installed today.
  Finance Manager Jim Farley noted that they are currently undertaking the year end audit.

CORRESPONDENCE

Hoff said that he had a question for Kline regarding the correspondence from the Lehigh/Northampton Airport Authority. He asked if it met the requirements of their agreement? Kline responded that the Authority is required to provide reports to the Township and that part of their agreement was to not expand the capacity of the airport. Kline added that Mr. Crowder should address the Board regarding their 12-year plan since they appear to intend to expand the hangars. Ackerman stated that he asked Kichline to contact Crowder and arrange his appearance at a meeting. Kichline said that he will be at the 2/16/06 meeting and it is to be an agenda item.

COMMENTS FROM THE FLOOR (NOT AGENDA ITEMS)

Dick Couch from Lockwood Congress said that the Forks Community Day Committee had decided on September 16th & 17th for the event with a Friday night set-up. Couch asked that those dates be assigned to them. Ackerman asked if there will be any Township employees involved. Couch said that they may be needed only to answer questions - he will take volunteers. Kichline asked if the Township is interested in providing (paying for) any of employees that will be required - like the police or the department of public works employees? She said it would be a significant contribution. Ackerman suggested that Couch let him know what services will be required and the Board will consider it. Couch asked if in the future he should work through Kichline rather than appear before the Board. He was told "yes."

NEW BUSINESS

TRANSFER OF LIQUOR LICENSE/BW FORKS, INC. - Nicholas opened the discussion by asking if there were any drawings of the front of the buildings yet. Engineer Fred Hay said "no."

Howell said that he had strong reservations about the granting of the license and that it’s all in relation to the Goddard School. He added that he’s familiar with all the establishments that Mr. Marcks runs and the testimony did not convince him in their favor.

Nicholas asked if the public can contact the LCB or is there a public hearing with the LCB? Kline said that there is nothing to prevent the public from contacting them and he did not know if they hold a public hearing. He suggested writing to the main office in Harrisburg and not one of the local offices. Ackerman said that he’s been into places like they are proposing and that he’s enjoyed the food that these places make.

Hoff made the motion to approve the transfer based on the facts that it meets the Zoning and the requirements of the LCB. He later added a restriction against the "games" to his motion. Ackerman seconded the motion. Kline said that he already prepared a resolution for the Board and that if they are not going to approve this, they must indicate in writing why not. He said that any conditions that the Board would like to recommend, like hours of operation, can be in an amendment to the resolution.

Howell said that he wanted a stipulation that deals with discriminatory pricing for men vs. women. Kline said that anyone can write a dissension and send it to the LCB.

The Board voted 4:1 to approve the transfer for Big Woody’s. Howell cast the nay vote.

YAUTZ FAMILY TRUST MINOR SUBDIVISION/FINAL PLAN - Les Rizotto (sic) of East Penn Engineering explained that this was 2 minor subdivisions cut from agricultural land in Forks. The rest of the land is in LMBT. Hay said that they had PennDot approvals and had paid the fees to the Township. Kline said that the PC recommended approval based on Hay’s letter. It passed 5:0.

DIANE ELLIOT - TWO RIVERS COUNCIL OF GOVERNMENTS - Diane Elliot, Director For Public Service fo the Meyner Center for the Study of State and Local Government at Lafayette College, explained that the Two Rivers COG decided to move forward and to re-invigorate itself. She said that an elected Township official and alternate elected official are necessary on the Board. Township Managers are not empowered to vote on behalf of the township.

Elliot said that regional co-operative efforts get State funds. Ackerman and Howell volunteered. Howell said that this is related to the Community Relations Committee functions. The meetings are the 4th Wednesday of every month at 7:00 PM.

Elliot also noted that (tentatively scheduled) on March 1st at 5:30 PM in Oaxley (sic) Hall at Lafayette, Bob Freeman, Rob Wonderling, and Rich Grucela are putting together a meeting on Act 67 - the Joint Comprehensive Planning Act. Also, on February 27th at Lafayette, PennDot will be doing a workshop on Traffic Access Management. On May 18th they are having their annual conference and this year it will be on Regional Emergency Management. They will be providing NIMS training (in the afternoon).

The motion to appoint Ackerman and Howell as Forks representatives was approved 5:0.

ADVERTISE FOR PART TIME POSITION/POLICE DEPARTMENT - Nicholas asked Kichline if she had the advertisement set-up. She did not but said that she will prepare it tomorrow and place it. It is for a 16 hour part-time position on Saturdays and Sundays (8 hours each day) at the rate of $13/hour. It was approved 5:0.

There was an EXECUTIVE SESSION to discuss a personnel matter. No action was taken during the Executive Session and the meeting was adjourned.

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.