Showing posts with label Building moratorium. Show all posts
Showing posts with label Building moratorium. Show all posts

Sunday, December 30, 2007

HB 904 Still Alive In Harrisburg!

According to an article by Richard Fellinger in the (December 30, 2007) Lebanon Daily News, Representative Robert Freeman's bill for temporary development moratoriums has passed committee and will come before the full house in 2008.  This bill will allow municipalities undergoing zoning and/or comprehensive plan reviews to impose up to eighteen month development/building moratoriums.

For more background on HB 904, see (FAC blog post) Building Moratoriums & Developer Impact Fees. 

In discussion, at their August 16, 2007 meeting, Forks Supervisors endorsed HB 904 in principle but tabled passing RESOLUTION #070816-2/SUPPORT OF TEMPORARY BUILDING MORATORIUM LEGISLATION.  Miller and Ackerman both preferred that a letter of support be sent (instead of the Howell sponsored Resolution). 

At its September 6th meeting, after discussion and input from Planning Commission members Erik Chuss and Dean Turner, the Board voted 5:0 to PASS RESOLUTION #070906-3/Support of Temporary Building Moratorium Legislation.

PennFuture has HB 904 on its list of bills to watch.  Check it out.

Sunday, September 09, 2007

BoS Meeting 9/6/2007

This night's Board of Supervisors meeting was very lively and very interesting. Residents were there. They spoke up against the T-Mobile cell tower proposed for the Community Park. There was applause when the roll-call vote was finished and the cell tower was voted down in a 2:3 vote. Read more in newspaper articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call). We will try to fill in the rest of the meeting.

SUPERVISOR COMMENTS

Supervisor Howell said that the Board received an invitation from the Northampton County Association of Township Officials for a function and if any of them wish to attend, the Township Manager should be notified.

Supervisor Ackerman asked if the Comprehensive Plan Subcommittees had been given permission to contact outside contractors. He noted that in the past because of costs, only the Supervisors were allowed to do that. Chairman Hoff explained that the Board endorsed the Comp Plan work. Supervisor Nicholas said that she was worried about the back and forth emails as possible Sunshine Act violations. Solicitor Kline clarified that no public officials, either elected or appointed, may engage in making decisions nor in "deliberations that would lead to a decision, except at a public meeting." This insures transparency. Hoff asked that that message be passed on to the Planning Commission to remind them that email use is proper to set meetings, to create agendas, and to announce who is coming to a meeting, etc. Planner Dean Turner said that there are only two weeks left of the three months that the subcommittees were given and that the only emails going around now are the sharing of minutes and final details before the final reports are due.

Ackerman then said that a PennDot representative addressed the Comp Plan Traffic Subcommittee and said that PennDot had no record of the Township's application for a light at the Meco Rd./Sullivan Trail intersection. Engineer Hay said that the application was sent to Allentown and copies of the PennDot review letter (from their Traffic Division) were given to the Board at a previous meeting.

Supervisor Nicholas thanked Sue and Harry Bennett for all the Forks Days work that they have done. She said that the antique wagon will be delivered on Saturday the 15th at 11:00am (note: per the Historical Society, the actual time is 10:00am) and that all the Supervisors are invited to attend (and should notify the Historical Society if they plan to be there.) Senator Wonderling will be there. Nicholas added that other features/events/activities include food, games, rides, tethered balloon rides, plane rides at the airport, a battle of the bands, fireworks (Saturday at 9;00pm), a classic car show (Sunday),and more.

Nicholas also said that one of the Comp Plan subcommittees that she attends visited CAT (Coalition for Appropriate Transportation) where the committee learned of Emmaus' plan to slow traffic down on its main street to see that there are businesses there. The question posed was "Do you want people to drive through Forks or drive to Forks?" Nicholas added that bicycle patrol officer Steve Nicholson received bicycle training at CAT.

TREASURER'S REPORT - Secretary/Treasurer Howell detailed the debits (cash paid out) since the last Supervisors meeting. Nicholas asked if the HiTech bill for $755 was from the lightening strike damage and if was going to be an insurance claim. Township Manager Schnaedter said that the insurance company has been contacted but that he is not optimistic. Nicholas also asked about the traffic study bill for $8000+. Finance Manager Farley said that this is only a portion of the $12,000 total bill and that it was necessary to stay current with the Liquid Fuels requirements. Schnaedter said that the study was part of the Weis Market and the Kings Mill suits. Acceptance of the debits and transfers was approved 5:0.

Standing Committee Reports

  • Public Safety - Supervisor Nicholas - reported that the committee reviewed agenda items including public safety ordinances and lightening.
  • Public Works - Supervisor Ackerman - reported that there was a committee meeting on Tuesday morning in which projects being worked on, completed, and coming up were discussed.
  • Parks & Recreation - Supervisor Miller - said that he attended several Recreation Committee meetings over the last couple of weeks and that he also attended a couple of meetings of the Bushkill Conservancy.
  • Community Relations - Supervisor Howell reported that the committee met and discussed the upcoming Fall/Winter Quarterly and the upcoming community guide. The guide will contain a "sizable" map of the township and is expected to be distributed to all residents in January or February. It will be supported by advertising. The committee has sought to find the "best possible publisher" for it.
  • Finance & Administration - Chairman Hoff - reported that there have been no meetings since the last and that the committee will be meeting next Wednesday at 3:00pm.

TOWNSHIP MANAGER'S REPORT - Schnaedter said that the Board has his written report and he added that the 2008 budget preparation is upcoming. He asked the Board for input on capital projects. Hoff noted that the Finance Committee will be looking at the budget schedule at its meeting on Wednesday (September 12). Howell reminded all that the committee meetings are advertised and open to the public. Farley added that he has asked all department heads to submit a list of projects that they feel should be added to the budget.

As to the Forks map for the community guide, Schnaedter said that Municipal Publications has been used by a number of communities throughout PA and that it is a reputable company. Option #3 was selected in a 5:0 vote. The option includes 6500 publications, included postage, and ad selling. Company representatives will work for 2-3 weeks (from the Municipal Building) to sell ads. Nicholas asked that since it will not be out until 2008, which Supervisors' names would be on it? Schnaedter said that the names will be chosen after the election when the new Supervisors are known.

ENGINEER'S REPORT - Hay reported that the recycling of Mitman Road is complete and that paving will begin shortly. He added that the Arndt/Bushkill blinking lights pole is in and will be installed soon.

SOLICITOR'S REPORT - Kline reported that KMRD (Kings Mill) has "filed a procedural challenge to every zoning ordinance that the Township has adopted since 1983." KMRD alleges that the ordinances were possibly enacted incorrectly and should be voided. (Read the challenge HERE - caution very large file.) In addition, Kline said that KMRD has submitted a new plan for a "considerable amount of multiple occupancy residential dwellings" that conforms to the 1983 zoning ordinance. KMRD wants the Township to ignore all zoning ordinances back to, but not including, the 1983 ordinance. This will be discussed in Executive Session.

COMMENTS FROM THE PUBLIC (NOT AGENDA ITEMS)

James Wideman (candidate for Supervisor and chairman of the PC subcommittee on Farmland and Historic Preservation) said that he recently learned of deficiencies in the SALDO (Subdivision and Land Ordinance) regarding undedicated Township roads and construction sites. He read the text of an amendment he prepared to remedy the deficiencies. Wideman said that it sets a clear protocol for developers to follow. The text of his amendment proposal deals with map layouts, road names, lot numbers, and ingress/egress. Wideman asked that the Board forward it to the Planning Commission for consideration and discussion. - Nicholas said that the Public Safety Committee is considering changes that will not involve the SALDO. Hoff said that it is easier not do it in an ordinance because ordinances are difficult to change. The committee is looking at changes to the developers' agreements as a solution. Wideman again asked that it be given to the PC so that they might consider the changes. Hoff stated that he felt the PC should be part of the decision - as should the solicitor. He added that the discussion should take place at all levels.

Harry and Susan Bennett addressed the Board to thank each of them for the "vast help" that they have been given in putting together Forks Community Days. Hoff and Nicholas returned the thanks for the time and effort the Bennetts have put into it. Mrs. Bennett urged the the Board attend the festival (Saturday the 15th and Sunday the 16th - of September) because "it's really nice to see the Supervisors be out there."

UNFINISHED BUSINESS

Police 5-year plan for review/Financial Analysis - Chief Dorney said that the Five Year Plan has been extensively reviewed. In it, staffing will increase by three additional officers. Farley said that he did an analysis of the plan and projected different (Township) growth rates. A 6% rate was used and he felt that there would be little, if any, increase in taxes. The major costs drivers are healthcare and salary. Hoff added that the current ratio of officers to population is 1:875 and that ratio is maintained in the plan. Hoff said, too, that police services include residential vacation checks, overnight business checks, a bicycle safety program, the summer youth police academy, child safety seat inspections and loan program, and many more. New programs are planned for the future including neighborhood watch and crimes against the retired and elderly (CARE). Recently the police department raised just under $1000 for bicycle helmets. The plan was approved in a 5:0 vote.

Chief Dorney announced that he (and other officers) assisted Forks EMS to deliver a baby boy at 6:40am (today) on Miracle Drive. He said that he and the officers really appreciated them (EMS) being there.

Cell Tower - Click here for the notes on the lengthy cell tower discussion.

RESOLUTION #070906-3/Support of Temporary Building Moratorium Legislation - Howell said that this came before the Board three meetings ago. He explained that the resolution simply endorses in principal only, Act 904 (introduced by Representatives Freeman and Grucela). Act 904 provides breathing room to municipalities undergoing re-writes of their zoning, SALDO, and comprehensive plans by allowing these municipalities to impose brief moratoriums on building. Howell said that it is endorsed by nearly every government lobbying agency, but not by developers. The moratorium would apply to new developments only and not to existing ones. Howell said, too, that this resolution would provide encouragement to the Representatives promoting Act 904.

Ackerman expressed concern that the Act would undergo hundreds of changes before it passes (if it passes) in Harrisburg. He said too, that it would be great to stop houses but not industry since Forks needs industry.

Erik Chuss (Planning Commission Chairman and candidate for Supervisor) said that he had an opportunity at a recent Comp Plan Economic Development Subcommittee meeting, to speak with Rep. Grucela about Act 904 and that he was told the municipalities can design the moratoriums any way they want. Chuss said that this Resolution will send a message to Harrisburg. He also said that "developers have run over the Township with bulldozers and steam rollers" and that Act 904 will help "level the playing field."

Planner Dean Turner agreed with Chuss and added that the PC does not have many tools and this is the first time that Harrisburg may provide a "little bit of a tool to take our community back." He added that "it would be ludicrous to not support that movement."

The resolution passed in a 5:0 vote.

Old River Road - Tree Removal/Strausser - Howell said that the Strausser "horrific tree cutting on Old River Road" has been reviewed by a certified arborist and that the report is not yet finished. A lawsuit is under consideration as are compensatory damages. Because the act was "willful and wanton," the Board may also consider punitive damages.

Turner suggested that the "perimeter" property owners also deserve compensation for the decrease in property values caused by the tree cutting. Kline said that it is the property owners' decision to pursue compensation and that the Township "needs to be careful" or it may have a hundred others who want the Township "to handle a case on the Township's dime." The agenda item was tabled 5:0 - pending receipt of the arborist's report. See JD Malone (Express Times) for more.

NEW BUSINESS

Presentation - Watershed Specialist Bushkill Stream and Forks Lions Park - Kate Brandes, the Watershed Specialist for the Northampton County Conservation District presented the Bushkill Conservancy's proposal for a reparation project for Lion's Park. Brandes explained that the purpose is to stabilize the stream bed and beautify the area. Funding has been secured for Phase I of a two phase project.

The Conservancy will begin by removing the invasive, noxious weeds via mechanical pulling and application of an ecologically approved herbicide treatment. The replacement plantings will include native vegetation, trees, and shrubs. The grass area will be planted with native meadow grasses and wildflowers. Meadows are expected to be tall and require mowing once a year.

The rocks will not be rearranged and the fishing paths will remain.

Phase II includes proposed fishing platforms that are handicap accessible. Phase II is years away and not yet funded.

The Bushkill Conservancy is ready to begin in 2-4 weeks. The Board granted approval in a 5:0 vote.

RESOLUTION #070906-1/Acceptance of Streets in Lambert Estates - Kline said that Hay inspected all of the Lambert Estates roads and that they are in good condition. This passed 5:0.

RESOLUTION #070906-2/Acceptance of Detention Basins in Lambert Estates - Kline explained that normally the Township does not take over detention basins but that the Lambert Estates developer agreed to cooperate and correct a problem created by another developer (Vista Estates) by extending the pond. Kline said that Strausser (the Vista Estates developer) "happens to be the same developer who built Riverview Estates and chopped down trees." The basins were inspected by Keystone Engineering and found to be in order. The Board voted 5:0 to accept the Lambert Estates basins (one entire basin and part of the other) and NOT the part in Vista Estates. Kline said, "Mr. Strausser is on his own."

Fire Chief - Reimbursable Expense Change - Hoff explained that the rate for (total annual) reimbursable expenses for the fire chief was set in 1996 (in the Fire Department Ordinance) at $800. It has remained unchanged. Fire Chief Bryan Weis has already spent $800 this year. Hoff asked the Board to raise the limit to $1600 for this year and to consider the amount in the budget discussions.

Ackerman asked why the amount suddenly doubled. Hoff said that in the last few years, the fire chief absorbed the difference between what was allowed and what he actually spent. Hoff said, too, that the call volume has increased from previous years and that Bryan Weis is tracking the numbers (mileage and fuel) for his vehicle use. Hoff said that this wasn't done in the past so the Board had no idea that expenses were increasing. Because all capital purchases ended when the Board decided to build the Municipal complex, the command vehicle that was included in the five year plan was dropped. Weis uses his own vehicle as a command vehicle. It is outfitted for a laptop computer.

Turner suggested that the Stockertown contract may contribute to additional expenses. Ackerman said that "Stockertown should be liable for the idle time, too." Nicholas said that she looked at three months (of Weis' records) and 1/3 of the "idle" time (truck idling while the computer is being used) is for Stockertown calls and she doesn't think Forks should have to pay for Stockertown's calls. Nicholas also said that because Weis accepted the position with an $800 limit, a new limit shouldn't go into effect until next year.

The reimbursable amount was increased to $1600 in a 4:1 vote with Nicholas voting "nay."

Vehicle Bids - Public Works Director - DPW Director Roberts reported that the PA Department of General Services COSTARS program will allow the Township to purchase two new pieces of equipment at pre-approved bid prices, a Diamond International dump truck and a John Deere mower. The mower price is $11,879 and the dump truck is $102,266. Both items are in the 2007 budget. The purchases were approved 5:0.

2008 Pension Projection/Minimum Municipal Obligation - Farley explained that the pension projections are done one year in advance. The pension was audited by the State and the obligation is $18,000 higher than was budgeted. The increase is due to the 4% non-uniformed employees' contract increase (the budget was done last year at 3%) and to the hiring of additional employees. The Board voted 5:0 to move ahead in the process.

EXECUTIVE SESSION - was called to discuss (per Hoff) "possible, current, and pending litigation" as well as the police department contract negotiations. The session ran into the wee hours and ended with no action taken by the Board.

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.

Sunday, August 19, 2007

BoS Meeting 8/16/2007

This night's Supervisors' meeting may be the meeting heard 'round the County! Strausser Enterprises cut old, stately maples and the proof was in photos as well as in statements from the Old River Road and North Delaware Drive residents who saw it happen and believed the untruth told to them by the cutting crew, that the Township ordered the destruction. For more, please read Jimmy Miller (Express Times), Madeleine Mathias (Morning Call), and the blog post, "Did You Hear The Trees Scream?" The meeting discussion is summarized in the OLD RIVER ROAD - TREE REMOVAL/STRAUSSER agenda item (below).

SUPERVISORS COMMENTS

Supervisor Ackerman told of a letter sent to the Board about Forks' streets not being on the emergency response 911 center maps. The road in question is Winchester Drive and it has not yet been taken over by the Township. It is owned by Strausser Enterprises. Ackerman said that a couple of people were almost lost because 911 couldn't find them. Zoning Officer Tim Weis said that 911 is notified of streets when developments are approved and before COs (certificates of occupancy) are issued. He thought there may be a "glitch." Chief Greg Dorney said that the police department is not notified when people move in. Weis said he will send copies of COs to him in the future. Fire Chief Bryan Weis said Winchester Drive was "just added to the CAD" a couple of months ago and that the 911 center enters data in batches. He added that this will be a topic of discussion at the next Public Safety Committee meeting.

Supervisor Miller reported that "everybody" is in the park this evening. The summer league is over and fall sports have begun.

TREASURER'S REPORT - Secretary/Treasurer Howell detailed the debits (cash paid out) since the last Supervisors meeting. Acceptance of the debits and transfers was approved 3:0 (Supervisors Nicholas and Hoff were not present).

Standing Committee Reports

  • Public Safety - Supervisor Nicholas absent - no report.
  • Public Works - Supervisor Ackerman - no report. He said that the uniform discussion is an agenda item.
  • Parks & Recreation - Supervisor Miller - Miller gave no committee report. His announcements have been moved to Supervisors' Comments above.
  • Community Relations - Supervisor Howell said that there was no meeting since the last.
  • Finance & Administration - Chairman Hoff absent - no report.

TOWNSHIP MANAGER'S REPORT - Schnaedter said that his written report was in the Supervisors' packets. To that he added that the fire training site is being inspected for asbestos. The bid specs are being prepared for its demolition. He expects the bids for the first September meeting of the Board. Howell clarified that this is the old Victorian farmhouse on the corner of Richmond and Newlins Roads. Dean Turner (Planning Commission) noted that there is a collapsed structure on the property and asked what is being done to protect people from being hurt there. To that, Ackerman answered, "Nothing."

Schnaedter also reported that he gave the Board a copy of the letter that he and Township Engineer Fred Hay wrote to the residents along the Frost Hollow swale regarding swale "rehabilitation." It will be mailed Friday (8/17/07).

ENGINEER'S REPORT - Hay announced that E.J. Breneman will begin the Mitman Road project on Tuesday. Radio stations will be notified. Howell asked about the Meco/Sullivan light and Hay said that he has the initial round of "comments" from PennDot and that he is waiting for the traffic engineer.

SOLICITOR'S REPORT - Steven Goudsouzian (acting solicitor) - agenda items only.

COMMENTS FROM THE PUBLIC (NOT AGENDA ITEMS)

Sal Panto spoke as the representative of the Riverview Country Club. He was there to tell the Board of concerns with the safety of people at the Riverview Country Club. He said that recently an 80 year old man was choking and that EMS was called. The (non-local) paramedics could not find Riverview Country Club. Panto said that the local EMS and police have no trouble finding Riverview but he's been told that Winchester Drive is not on the 911 center map. The ambulance dispatched by the 911 center was unable to locate the site. Forks EMS violated their own policy and transported the man. He survived. According to Panto, the gentleman spent three minutes without breathing and this was the fourth incident where the paramedics were unable to arrive in a timely fashion because the site is not on the EMS map. Panto asked for the Township's help in getting Winchester Drive on the 911 center map.

Panto said, too, that he is hopeful that the Rte. 611 intersection will be done this year. He is in charge of getting the PennDot permit and he met with them today.

Howell asked Panto to stay and respond for Strausser to the Old River Road tree cutting. Panto said that he is being "phased out" at Strausser Enterprises and that his job has been filled by someone else. He said that attorney Gary Asteak will speak for Strausser on the tree cutting. Panto said that he would stay through the OLD RIVER ROAD - TREE REMOVAL/STRAUSSER agenda item and address some of the questions.

UNFINISHED BUSINESS

POLICE 5-YEAR PLAN FOR REVIEW - Chief Dorney said that updated copies of the plan and a financial analysis were in the Supervisors' packets for their review. Dorney said that the plan has met the approval of the Public Safety Committess. He asked that there be discussion at the September 6 Supervisors meeting.

NEW BUSINESS

RESOLUTION #070816-1/ACCEPTANCE OF STREETS IN PENN'S RIDGE, PHASES 10 & 12 - Goudsouzian said that portions of the Penn's Ridge streets are ready and that the Liquid Fuel's credit is in order. The streets were accepted in a 3:0 vote.

RESOLUTION #070816-2/SUPPORT OF TEMPORARY BUILDING MORATORIUM LEGISLATION - Howell reported on Representative Freeman's hearing at the last meeting. Freeman and co-sponsor, Rep. Grucela, are holding hearings throughout the State on HB 904, a bill that would allow municipalities in PA to impose temporary building moratoriums while Zoning, SALDO, and Comprehensive Plans are being rewritten. This resolution was prepared to endorse HB 904 "in principle." Ackerman asked if it would impact projects already on the books like the Petrucci project (Fort James III). Howell said that the Resolution would not stop the project. Goudsouzian explained that it was not a "law" as the bill has not yet passed and that the Resolution was simply an endorsement of the bill, a way to let the sponsors know that municipalities are behind them. Goudsouzian also said that it would be a "tremendous legal burden to stop an approved project." Miller asked if the Board could send a letter instead. Ackerman endorsed a letter in support of the bill in its present form. He thought that things might be attached to the bill before it is passed. Goudsouzian said that either way will send a message. Vote on the Resolution was tabled 3:0.

VICTAULIC TAX ASSESMENT APPEAL - HIRE APPRAISER - Farley said that the Township was contacted by the EASD. The EASD asks that the Township pay a proportionate share of the appraiser costs. The amount is $480. It was approved in a 3:0 vote.

LAFAYETTE COLLEGE LAND DEVELOPMENT - METZGAR FIELDS IMPROVEMENTS - Hay said that there were no problems with this project (a track at Metzgar Field) at the Planning Commission meeting and he recommended Conditional Approval. The conditions imposed were signage for overflow parking and that Lafayette provide a comment letter from PennDot Aviation. This passed with a 3:0 vote.

PUBLIC WORKS DEPARTMENT - UNIFORM QUOTES - Ackerman explained that the current contract with Tri-State Industrial ran out in July although they are still providing service pending the outcome of the bid award. DPW Director, Mark Roberts, said that he received three bids and samples. The best sample as well as the lowest price, came from Uniforce. Uniforce's bid was $185.24 compared to $207.01 from Tri-State and $206.95 from Centas (sic). The vote was 3:0 to award the contract to Uniforce.

2006 AUDIT LETTER - FRANCE, ANDERSON, BASILE & COMPANY, P.C. - Finance Manager Jim Farley said that he met with the auditors last July and discussed opportunities for improvement. He thought that this was a good audit. He said that the Township numbers were sound and its systems were sound. His letter as well as the auditors' letter were in the Supervisor's packets. Farley also said that the Finance Committee also reviewed the auditor's letter.

OLD RIVER ROAD - TREE REMOVAL - STRAUSSER - Howell said that he learned of this atrocious act on Monday morning by a phone call from a resident on 611. Howell said that he sent an email immediately asking for reports from the Public Works Director, the Township Manager, the Engineer, and the Solicitor regarding the number of trees, their diameters, etc.

Old River Road property owner Emily Heitzman spoke to the Board and told what happened. She said that last week her husband was approached by two men who asked where their property line was. He told them. She asked the men what it was all about and they told her that the trees were going to come down and that the Township ordered it. She didn't know it wasn't true and she didn't know it was ordered by Gary Strausser. She told the men that "we fought for these trees and they belong to the Township." Mrs. Heitzman said that the men agreed with her when she said it was a crime.

Forks resident and 611 property owner Artie Ravitz said that he was speaking for some of his neighbors as well as himself and that they are all "appalled at the rape of the landscape." Ravitz said that they hope the Board can do something to make it right... some way. Mrs. Heitzman said that Strausser should put others (trees) back in their place.

Howell asked the number and sizes of the maple trees that were cut. Hay replied that there were eight mature trees and that he visited the site on Tuesday. Hay said that four of the mature maple trees were in the Township right-of-way and measured in diameter, 38", 34", 36" and 53". Howell said that they were blocking the view from the golf course and that Strausser took them down in his own self-interest. He added that it was simply an act of vandalism. Hay added that the trees had nothing to do with the intersection improvements. Weis said that he was contacted by the Heitzmans several years ago when Strausser tried to cut the trees. At that time Strausser was stopped and was told "in no uncertain terms that they were Township trees and they were not to be touched."

Mrs. Heitzman said that Strausser has left a mess of the barn he took down eight years ago and that there are weeds and rat and mosquito problems because of it. The Township was asked if it has a weed ordinance. Howell remarked that since Strausser has crews available to cut trees, he should have them to cut weeds. Mrs. Heitzman says that she believes that this is being done just to aggravate she and her husband because they have property he wants.

Sal Panto was asked if he had anything to add and attorney Gary Asteak said, "I'll speak to the subject." Asteak proceeded to tell the Board that they approved Strausser's complicated plans years ago and that the "implicit removal of the trees" was on the plan for the Township required road improvements and relocation of Old River Road. Asteak said that the Township plans to vacate Old River Road there and that ownership will revert to the adjacent property owners, Strausser and Heitzman - without conditions.

Asteak said that three of the trees were clearly on Strausser's property. He said that Strausser did not have to seek approval for the tree removal because the Township ordered the improvements. At best the trees could have been spared for another few months. Asteak said that neither he, Sal, nor Gary "had any malicious intent to cut down trees and if they could preserve the trees they would certainly have wanted to do so." Asteak suggested that the Township did not look carefully enough at the plans. He said that plans for all of Strausser's properties are "extremely complicated and difficult" and that it's possible that the conveyance of the of the trees to Strausser was overlooked.

Asteak said that he took "extreme offense" to Mr. Howell's comments about Strausser's greed and self-interest. Howell said that he stands by his statement.

Hay said that two or three of the trees (in the way of the road widening and on Strausser property) had to come down to widen the road. He added that there was no reason at all for the other (five) to be removed. He said that there is no note on the plan that the trees were to be removed. The plan was approved with the trees there. Hay said that the trees were in the Township right-of-way and that Strausser removed them without even having his (highway) permits for the intersection improvements. - "It's business as usual... Mr. Strausser does whatever damn well pleases."

Goudsouzian asked Asteak:

  1. Do you acknowledge the Mr. Strausser cut down the trees in question? Asteak replied, "Yes."
  2. Do you acknowledge that he cut down trees that were not on his property but were on Township property? Asteak acknowledged that he cut the trees "pursuant to his efforts to construct the highway improvements" required by the Township approved plan... of lands to be vacated and conveyed to Strausser.
  3. Implicit in your answer is that he went on to Township property to cut down Township trees. Correct? Asteak replied that he (Strausser) went onto property that he was required to go onto in order to do the Township required improvements.

Weis said that Strausser was told not to touch those trees without Township permission. Hay said that (as a professional engineer) he puts notes on plans of which trees are to be removed. There is no note regarding tree removal on the Strausser plans. Asteak countered by saying that there should have been a note "not to be removed" on the plans.

Mrs. Heitzman said that she and her husband were promised trees behind them for eight years and Strausser has not yet planted them.

Goudsouzian cited the PRD (Planned Residential Development dated April 20, 2000) condition #28 that the tree line on the western boundary of the tract shall be preserved and that other woodlands and tree lines on the tract shall be preserved. Also, the SALDO (Subdivision And Land Development Ordinance) states that trees over 6 inches in diameter shall not be removed (unless there are certain conditions.)

Erik Chuss (PC Chairman and Supervisor candidate) asked what fines and charges are available? Jim Wideman (former PC member and current Supervisor candidate) said, "It is criminal activity." Howell said that the options will be discussed in Executive Session. Goudsouzian said that there are a variety of potential options. The fact is that Strausser did cut the trees on Township property.

EXECUTIVE SESSION - The session was held to discuss a personnel matter and the Township options in the Strausser tree removal act. After the executive session, two votes were taken:

  1. DPW Director Mark Roberts' three month probationary period is over and the Board voted 3:0 to retain him and give him a $1500/year pay increase.
  2. In an effort to consider all available options for the Strausser tree removal, the Board voted 3:0 to authorize the Township Manager to research and retain an "appropriate certified arborist" to evaluate and appraise the destroyed trees.

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.

Sunday, August 05, 2007

Building Moratoriums & Developer Impact Fees - Hearings Last Week

On Wednesday, August 1st, State Representative Bob Freeman chaired a public hearing at Lafayette College to discuss allowing municipalities to impose building moratoriums while zoning and comprehensive plans are rewritten. And, on Thursday, August 2nd, both Freeman and State Representative Rich Grucela hosted a hearing on developer impact fees (a way to pay for schools when development makes expansion necessary) in Upper Mount Bethel Township.

Both of these hearings were about topics near and dear to Forks' residents hearts. - Kings Mill and its zoning challenge(s)figure in everything. - Here are some links to what's been written in the press, some of the testimony from the Freeman hearing, and to the Bills themselves.

House Bill 904 - Hearing - Building Moratoriums

Express Times - HB 904 Hearing

HB 904 - The Bill

HB 904 Analysis - Freeman

PSATS (PA State Association of Township Supervisors) Testimony

PBA (PA Builders Association) Testimony

PSBA (PA School Board Association) Comments

EASD Business Manager - Jeffrey Bader - (excerpt) Testimony

House Bill 72 - Hearing - Developer Impact Fees

HB 72 - The Bill

Express Times - HB 72 Hearing - sidebar

Morning Call - HB 72 Hearing