BoS Meeting Notes - 11/5/09

Regular Meeting (agenda)

This four and one half hour meeting was one of the longest in recent memory.

Supervisors voted 3:2 to disavow the lease signed by Don Miller (Community Center Manager/Supervisor) and the HOPE Wesleyan Church to use a large part of the Forks Community Center on Sunday mornings - for a full year.  Read Edward Sieger (Express Times) and Christopher Baxter (Morning Call) for more details on the long discussion.

Also on this night, Jim Farley, Finance Manager, informed the BoS that there is a small surplus in the 2009 budget and that according to the 2010 draft budget that they all had in their meeting packets, no tax increase will be needed in 2010!  Please read Christopher Baxter (Morning Call) for more on this good news.

And, both Supervisors elect, David Billings (a meeting regular) and Michele Rogers (a first timer) were there and both were extended courtesy invitations into the Executive Session.  Both accepted.

Public Comments (non-agenda) -

• Dan Martyak, President of the Forks Township Youth Sports Organization, informed the Board that the tax reporting issues from the last few years have been addressed and that I.R.S. penalties have been waived.
• Eric Konecke of Cosenza Court in College Park Estates told the Board that he was under the impression that the construction of ball fields on the five acre tract behind his house was "in motion."  He has since learned from Don Miller that there are only drafts/sketches for the site and that no formal plans have been done.  The plans, when done, will come before the Board for approval.  Mr. Konecke said that he was before the Board at the October 15th meeting and that the depth of the five acre tract is only 300 feet, not enough for setbacks and playing fields.  He asked that the Township notify him and his neighbors when the plans are to come before the Board.  Mr. Konecke pointed out that even neighbors whose properties are not adjacent to the park land have issue with the parking that the fields will attract.  He said that there will easily be 60 to 70 cars whose drivers will park them along their streets.  The recreation path will then be used to access the fields.  He said that the planned parking at the end of Sycamore will displace soccer fields.  He suggested that the 53 acre parcel at Newlins and Richmond and the Lafayette fields are more suitable for ball fields.
• Fritz Wiede, Forks resident, addressed the Board with his concerns regarding the building of the $3.5 million "equipment shed" that he read about in the newspapers.  He was speaking of the estimated $3.2 million DPW garage.  It was explained to him that no one is sure what the facility will cost as it has not yet gone out for bids.  The figure was used in conversations with the bond consultants.  At this time, the Township is planning to refinance its entire debt because the rates are very favorable.  Mr. Weide asked how many pieces of equipment will be stored in the building and was told by DPW Director Mark Roberts that there will be approximately 25.  Howell added that in addition to equipment storage the buildings will have space for the crew, for inside equipment repairs, and for vehicle washing.  Mr. Weide thought the DPW garage should come before Forks voters as a ballot referendum.  He was told that the condition of the current facilities was presented at a public meeting.  Mr. Weide thought that with two new Supervisors starting in January, that it would be "fiscally responsible" to bring up the building again.

Supervisors' Remarks: 

• Supervisor Miller said that there had been a good meeting with Lafayette College and Forks coaches the previous night.  They worked on areas where both teams could agree on practice times, etc.  Miller said that a week ago he called Don Miers, Wrestling Commissioner, to inform him that all wrestling matches would be in gym #1.
• Supervisor Chuss extended congratulations to the new Supervisors elect, David Billings and Michele Rogers.  He then said that he spoke with Mr. Konecke (see above Public Comments) regarding the new fields.  Parking is a significant issue.  He asked that the Board to look back at the proposed parking and access to the new fields.  Howell said that at this point, the Board has only approved the grading and the planting of grass.  Miller said that the parking plan for 90 cars off of Sycamore is the same parking plan that has been in place since the beginning (when the park plans were done) and that the area currently is 1/2 soccer field and 1/2 nothing.  It is not planted or graded and there are no plans for the five acre parcel yet.  Howell suggested that the plan be looked at again.  As to Mr. Weide's comments regarding the DPW garage, Chuss offered that the garage has been in discussion since the early 90s.  He said that planning started early this year with presentations of the current conditions and prices.  Chuss said that had Mr. Weide come to township meetings or read the minutes, he would have found this out.

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $7,774,126. 

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

• Public Safety - Supervisor Howell - said that the next meeting is set for November 17 at 8 AM.  To be discussed are general issues of public safety.  He added that the Suburban EMS subscription drive is underway.
• Public Works - Supervisor Chuss - reported that there has been no meeting since the last BoS meeting.  He updated the BoS with the following:
  • The DPW garage initial plan draft and initial cost estimates from Kimmel and Bogrette are expected next Thursday.  They will be presented at the next BoS meeting.
  • Thirty one engineering firms have responded to the Township's RFQ.  The field has been narrowed (by the committee) to seven.  Interviews will be conducted next Monday (6:00 PM) and Tuesday (5:30 PM).  The BoS will conduct interviews of the final three as recommended by the committee.
  • The next meeting is Tuesday, November 10 at 7:30 AM.  The DPW garage will be on the agenda.
• Parks & Recreation - Supervisor Egolf - said that there has been no meeting since the last BoS meeting and the next is scheduled for Monday at 6 PM.  Because of the interviews being held by the Public Works Committee in the Municipal Building meeting room, the Parks & Recreations Committee will meet in the Supervisors conference room.
• Community Relations - Supervisor Miller - said that the next meeting will be on Monday, November 9 at 5 PM.
• Finance and Administration - Supervisor Nicholas - said that at the last meeting the committee worked on the budget and that there is no meeting in November because of the Veteran's Day.  The next meeting will be on December 9 at 5 PM.  She said that she will report what the agenda will be at the next BoS meeting (December 3).

Township Manager's Report - Schnaedter - announced that the Kiwanis annual tree lighting will be on Sunday December 6.  There will be beverages and the Easton Area Choir.  It will be an enjoyable event.  Those who attend are requested to bring non-perishable goods as donations for those less fortunate. 

Schnaedter also reminded the Board about the evaluation forms.  They are used to assess the operations and the performance of the department heads (and the Township Manager) for the past year.

Also, Schnaedter asked the members of the Board to let him know if they wanted to tour the Township property on Zucksville Road.  (The current tenant, Fire Chief Bryan Weis, will be vacating the house.)

Engineer's Report - Fred Hay - said that a written report was submitted to the Board.  He reported that the Meco/Sullivan plans for the pole relocation have been given to Verizon and the area is staked out.  As to the park tennis and basketball court rehabilitations, Hay said that there is only a final coating and the fence replacement left to do. 

The sewer rehab is winding down and one area needs to be repaired.  The work on Sullivan Trail has not been started.  The hazard mitigation work on Kesslersville has been slowed by PEMA and FEMA fighting over which form the Township is to complete. 

And, Hay met with Weis Market representatives last week to discuss the right-of-way issues with PennDOT.  Weis is anxious to start construction as soon as possible.  Apparently the Township owns some rights-of-way (dedicated by developers) that PennDOT wants turned over to them. 

Hay also said that Winchester Drive is finally paved. 

Nicholas asked if there will be signs at the basketball and tennis courts that prohibit skateboarding.  She said that she has received a few phone calls with complaints that "people were skateboarding on the new surface."  Roberts said that there will be signs posted as soon as the fence goes up.

Dean Turner (Planning Commission Chairman) asked if the roads will be paved after the sewer line work is done.  Hay said that the contractor is prevented from doing permanent pavement for one month after the temporary pavement is done.  This allows for settlement (of the earth) and for time to do video inspections.  Old Mill Road is scheduled to be paved shortly.

Solicitor's Report - Kline - said that he was at the Weis Market meeting.  Some technical issues with the right-of-way were discussed.  The Township just learned that it has owned a right-of-way for the last 50 years - that it didn't know it owned.  The paperwork to straighten things out will be provided to PennDOT as soon as possible. 

UNFINISHED BUSINESS

Hope Church Lehigh Valley – Community Center Rental Agreement (David Howell, Chairman) - Kline reviewed the situation and the legal issues involved.  He said that he became aware only last week of an arrangement made with the Hope Wesleyan Church to use a significant portion of the Forks Community Center "for religious services, meetings, and other church operations."  The contract was signed August 4, 2009.  For $700 a week for one year, the church is to use rooms "A, B, C, D, MP (multi-purpose room), and gym #1 (on Sundays from 7 AM to noon).  The contract is the standard form used to rent any single room in the Community Center - "for a limited purpose."  

Plans underway last week for the church's pastor to use a storage room as a permanent office - with the installation of a telephone line, a FAX line, and an Internet connection - have been withdrawn.  They were not included as part of the original agreement. 

The church website and its mailed flyers list the Forks Community Center as the church's address.

On November 1st, the first day of the contract, the church was using the entire Community Center except for gyms #2 and #3 and the fitness center.   The church website indicates other (youth group) events for other times including something at 2 PM (on a Sunday) and laser tag in the Community Park after dusk (on a Saturday from 7:30 to 10 PM).

Kline said that there are Constitutional issues involved and that the applicable law must be considered - not just whether it is thought to be okay or not okay.  Kline said that he thinks there are two Constitutional provisions that come into play:  the First Amendment of the U.S. Constitution and Article 1, Section 3 of the PA Constitution.  The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."   The PA Constitution states that "All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect or support any place of worship or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious establishments or modes of worship."

The Establishment Clause bans the government from "abandoning secular purposes in order to put a stamp of approval on one religion."  Government cannot favor any sect or religious organization.  The Establishment Clause mandates tolerance of all religions.  It is a balancing act. 

In 1971, a Supreme Court case established a three prong test:

1. Is there a bone fide secular purpose?
2. Will it neither enhance nor inhibit religion?
3. Is excessive entanglement (of religion and government) avoided? 

Kline said that all three must be answered affirmatively or the court will strike down the activity.

Kline offered that on Community Day, non-profits, including churches, were able to have booths, sell food, and even talk about their church services.  There currently is equal access for all churches to rent a room for bible (or koran) study or any other particular purpose.

According to Kline, in the case of the Hope Church lease there are problems with all three prongs of the Supreme Court test.  The use of a municipal building, parking lots and recreation fields for its place of worship advances one particular religion - especially given the magnitude of the lease agreement.  There is excessive entanglement (what if other faiths want equal space?).  Also, although not a Constitutional issue, the use places limitations of facilities use by local residents and on other Community Center programs such as wrestling. 

Kline's opinion is that this has gone over the line and does not meet the Constitutional standard.  He recommends that the Board adopt a motion that it will not continue to make the space available to the Hope Wesleyan Church because it does not meet the policy of separation of church and state as stated in the First Amendment of the U.S. Constitution. 

Egolf question the second test of the three prongs.  Kline said the scope of the activity appears that it (the lease) is advancing one religion.  Egolf said that he thought that test to be an "either/or" question and he asked what the case was and did Kline have a summary with him.  Kline said it was Lemon v Kurtzman and no, he did not have it with him.  It is a rule that the Supreme Court set up and has been used from then (1971) on. 

Nicholas apologized for not being at the special meeting and said that she read over the information and has had phone calls, spoken with others, and received email.  For her, the real issue is whether or not Miller, or any other Township employee, has the right to enter into this kind of agreement - an agreement of that length (a year) and magnitude (the amount of facility used).  She said that at the BoS meeting of September 17th, she asked the Board if the Community Center was supposed to be for the people of Forks Township first.  Egolf and Miller were not there but Chuss and Howell (and Nicholas) agreed that the Community Center is for the people of Forks first.  Nicholas said that this agreement prohibits the people of Forks from using their community center for a year and that no one has the right to authorize this.

Chuss said that he feels that this is a separation of church and state issue.  He agrees with the Solicitor (Kline), who spent much time researching the issue.  He said that it this is an unfortunate situation and that at the emergency meeting (October 29th) the Board was still receiving information regarding the terms and conditions of the lease and the situation.  Chuss said too, that he has no problem with the length of the lease but that there is "cause for concern" with the number of rooms and the dollar amount.  Allowing the church on Township property, in his opinion, is explicit support for a particular religion without giving others the option for equal access to the building - going to the exercise room or to rent gyms #2 and #3 for example.  He feels that this is "opening a Pandora's box."  Chuss said that the Township should void the agreement at this time. 

Nicholas said the issue is renting that amount of space in the Community Center for that long of a period of time - not who it is rented to.  She promised "wrestling" that they will have their matches in gym #1 and she intends to keep her word; the facility "is for Forks residents first."

Miller offered that the church is in gym #1 and that other rooms are for the nursery (with 8-10 little kids and no programs).  He said that church starts at 10 AM and is over at 11 AM and everyone is completely gone by 11:45.  He said that there are no guidelines that say he cannot sign contracts of this kind and that he didn't enter into a contract; he used the regular room reservation form.  Miller said too, that there is nothing going on in the Community Center from 10-11.  He said that in his 24 years on the Board, he has never gone against the Solicitor's recommendations.  In this case, however, he does not agree with him.  Miller said that there are churches in schools and other public buildings throughout the Lehigh Valley.  Church members come in at 7 AM in order to transform the gym into a church.  They bring their own chairs, lighting, and a PA system that "rivals the State Theater."  Their band plays church music.  They have no choir.  Miller comes in at 7 AM to open the Community Center for the church to set-up.  Regular hours on Sunday begin at 7:30 AM.

Egolf said that he would agree with Nicholas except he was not aware that any Forks Township group asked to use the room at that time and was denied.  Men's basketball is in the other two gyms at 8 AM.  In fact, he said that a lot of the facility is being used by residents and he doesn't see a problem unless unless a Forks group is denied. 

Nicholas said that she found out about the wrestling conflict on September 17th when she learned that the wrestling team was told they could not have gym #1 for their three matches.  She asked the Board if it should set a policy.  The Board said "no." 

Egolf said that in going through the Township policies, the Board will see that it needs a lot more policies.  A clear cut policy of who can sign what is needed.  Egolf said that gym #1 is to be used by the wrestling program and the church is moving to one of the other two gyms... and that problem is solved. 

Miller said that the wrestling matches start at 12:30 PM.  The novice program starts before that and the facility must be set up.  Floor covering is needed for both the wrestling use and the church use and he was trying to put both groups in gym #1. 

Howell said that he agrees with Chuss and Nicholas in principle.  This not the time to be negotiating a contract.  The main issue is whether there is a contract and whether there is a potential violation of church and state.  Howell said that Kline did not mention the authority to enter into binding contracts (although he did at the special meeting.)  Rules were never needed before because the rooms were rented on a daily basis.  Howell said that Schnaedter believes the contract should have another $20,000 in it.  There are rules for entering into contracts such as the fire and possible police protection with Stockertown.  Howell cannot see where an employee of the Township can negotiate a contract of this size and magnitude in July with the only inkling of it in September when the wrestling group thought there was a conflict.   

Howell said that he would disavow the contract on the basis that Miller had no authority to enter into it.  He also believes in the separation of church and state.  When a non-profit is accommodated, the Township must be prepared to accommodate other non-profits.  Howell mentioned "lease creep" as a possibility when dealing with a church - the holidays like Christmas and Good Friday are times when a church will want services.  Outreach programs and other special needs of the congregation are not covered in the agreement.  Lease creep is a natural thing.

Howell said that he was at every poll on election day.  The church was a hot topic.  Two devote catholic (Easton has lost two catholic churches) women asked him if the Township would accommodate them to have masses early in the morning for commuters.  What if a group of young Jewish citizens feel that they are religiously under-served in Forks Township and want worship time on Saturdays in the Community Center?

Rules and standards are needed.  Howell feels that Miller had no authority to enter into a contract with such huge social and legal implications, not to mention that it is a huge revenue matter.  He also agrees with Chuss that there is a potential conflict with the Establishment Clause and that Pandora's Box is being opened. 
 
The discussion continued for nearly another hour. 

Dean Turner, Chairman of the Planning Commission, said that discussion of the availability of the Community Center should also include the availability of parking.  He said that when the Shawnee School project was being discussed, parking was considered particularly when more than one activity was to be scheduled for the same time. 

Ron Asteak, Zoning Hearing Board, said that the Board should listen to the sound advice of the Township Solicitor.

Gretchen Gerstel, resident, said that she taught school for 31 years and used to read scripture and recite the flag salute.  Then the schools couldn't read scripture.  Then teachers had to hide religious emblems (if worn).  Then there were no Christmas carols.  She said that she agrees with separation of church and state.

James Wideman, resident, spoke in favor of disavowing the contract.  He felt that the Solicitor's opinion should be respected especially regarding church and state issues.  He said too, that Miller over-stepped his bounds regarding the size of the contract (it is over $10,000) and the parking.  The church requires 100% of the 100 parking spaces.  This restricts others. 

Sandra Hanks, Elected Auditor and resident, said that she agrees with the Solicitor.  She said too, that if the Township rents to this group and a right wing or left wing organization comes along and wants to rent space, the Township will be in a "heep of trouble."

Dan Martyak, President of the Forks Township Youth Sports Organization, said that the decision should be based on the Solicitor's legal opinion.  Guidelines for the use and availability of the facility are needed.  Compromises and short term accommodations can be reached by working with the Parks & Recreation Committee.  The park is heavily used in the spring and parking is an issue.

Chuss made a motion that the contract for rooms A, B, C, D, MP, and gym #1 at $700 per week was signed without authorization and therefore is not a valid contract.  Nicholas seconded. 

The vote was 3:2 with Miller and Egolf casting the dissenting votes.

Please read the very thorough newspaper accounts of this agenda item.  See:

• Edward Sieger (Express Times)
• Christopher Baxter (Morning Call)

Comprehensive Plan (Rick Schnaedter, Township Manager) - Kline explained that the latest Comprehensive Plan (draft) has been years in the making.  There were many meetings.  There were questions about language and substance.  It was re-drafted by a joint committee of the Planning Commission and the Supervisors.  There were questions about grammar. 

A draft was sent to the Lehigh Valley Planning Commission (LVPC) where it was reviewed and commented.  The LVPC comments were submitted to Dean Turner (PC Chairman).  The PC was the agency that started the process and as such is required to hold one public meeting.  It was held on July 9th.  The Comprehensive Plan was also sent to the local school district and to adjacent municipalities for comment.  None have been received. 

The Board of Supervisors is required to hold one public hearing.  If the Comprehensive Plan is revised, another public hearing will be necessary.  It can then be adopted by resolution. 

If the Board is satisfied - without any more changes to the plan - Kline can be directed to advertise the public meeting with a date in early December. 

Howell asked Turner if the LVPC comments are more benign than they have been in the past.  Turner thought that was the case.  The PC recommends that the Plan process proceed.

Egolf asked if the Township must address the recommendations of the LVPC in any way or if the Township could simply say "thanks but no thanks."  Kline said that the Township is indeed free to say "thanks but no thanks."  The recommendations are advisory.  They are from the experts on the LVPC staff who are more concerned that the Township's plan fits into their plan.

Chuss noted that he, Turner, and Billings attended the workshop on smart transportation yet none of that is in the plan. 

Egolf made the motion that the Comprehensive Plan be placed out for public review as stipulated by the MPC (Municipal Planning Code) and that it be available to the public at both the Municipal office and on the township website.  Nicholas seconded.

In discussion of the motion, Chuss remarked that there has been no opportunity for the Board to comment and to review the plan.  His biggest problems are the changes made by the joint (PC & BoS) committee.  He said that the committee met without agendas, plans, or schedules.  He is particularly bothered by two things:  (1) recommending increased density in the Town Center district and (2) schools in the Farmland Protection district.  Chuss asked that it go another month before holding the public hearing and that a joint meeting be held and the plan changes listed.

The vote on the motion was 4:1 with Chuss casting the nay vote.  He said that he wanted Charlie Schmehl (URDC) to review the plan changes. 

The public hearing is scheduled for Tuesday, December 1st at 7:00 PM.

CMX Amphitheater Proposal (Bonnie Nicholas, Supervisor) - Nicholas reported that the meeting with CMX, Modern Concrete and staff was very productive and that they were able to get the price for the amphitheater down to $312,000 (of which, $28,000 is contingency money).  Nicholas reminded everyone that the money is not taxpayer money but money set aside from the recreation fees paid by developers. 

In order to shave the costs, DPW Director Roberts offered the DPW crew for trenching and landscaping and Modern Concrete offered to use a product called "dry-it" (sic) for some of the relief areas of the structure's surface.  She said that this is not going to be just a bandshell, but a "very nice looking amphitheater."

Nicholas made a motion to move forward by having CMX go out for bids.  Howell seconded the motion for discussion purposes.

In discussion, Chuss said that he hates the phrase "not using taxpayer money."  He called it a shell game.  The price of $312,000 does not include the Township's cost of using the DPW budget.  Chuss said that the area will need a restroom ($$$) and other intangibles and the Township already paid the $49,900 design fee.  There will be "opportunity costs."  There is no plan (a reference to the Five-Year Recreation Plan that has not yet been presented to the Board) in place.  Chuss said that this project will use a significant amount of the money in the (recreation) fund.

Nicholas offered that in the Recreation Survey (done in 2006), residents voted for a bandshell as their number two choice.  It is passive recreation. 

Howell noted that Nicholas and the Parks & Recreation Committee have worked diligently on the amphitheater.  Miller said that there is a meeting of the Recreation Board coming up.

Egolf said that he is concerned with the hardship the project may put on the DPW department.  He would rather have outside contractors do the work.  To that, Schnaedter said that all aspects of the project will be in the bid package.  Nicholas offered that the Township's DPW department does not have to do the work. 

Howell remarked that since 1997 when he started following Forks Township, this is the first project that is for all citizens.  It will also get business and commerce more involved in the Township.

The vote on the motion to move forward was 4:1 with Chuss casting the dissenting vote.

Please read Edward Sieger (Express Times) for more details.

Riverview Recreation Center (Karl Kline, Solicitor) - Kline refreshed everyone's memory with a summary of the Riverview Recreation Center phasing proposal.  He said that there will be a cul de sac and two lots, one with the Recreation Center and one with no (as of yet, future) plans.  The developer wants to complete the portion of Ramblewood Drive that borders the lots and then dedicate it to the Township.  The Township holds the position that all the planned improvements must be complete before it will take the road.

Kline further explained that the Planning Commission (PC) recommended conditional approval.  The conditions include the recreation path spur and the need for a phasing language change to the plans.  Another issue came up after the PC meeting - a small section of sidewalk on the south side of Winchester Drive is not complete.  Kline recommended that the BoS add completion of the sidewalk as a condition to the PRD (planned residential development) phase 3 boundary.  There is a transformer directly in the path of the sidewalk and Kline suggested that the Township work with the developer to go around the obstruction.

When Chuss asked about adding escrow replacement as a condition, Kline explained that it is a separate issue and that the Letter or Credit for the improvements is in place.  He said too, that it is appropriate to accept conditions from the PC with the addition of including the remaining sidewalk.

Kline said that the homeowners want the path (spur) moved 150 feet to the east. 

Kline recommended that the Board approve the phasing with the conditions set forth by the PC and that the Board then do another motion for a field change to move the path to the east subject to Strausser, the homeowners, and the Township Engineer's agreement. 

Chuss made the first motion - to approve the phasing plan as approved by the PC and with the additional condition that the sidewalk be completed.  Nicholas seconded and it passed 5:0.

Chuss made the second motion - to allow Strausser Enterprises, the Riverview Homeowners Association, an the Township Engineer to move the spur to the east, keeping its same size and scope.  Miller seconded and the motion passed 5:0.

NEW BUSINESS

First Submission of Overall 2010 Budget - Rough Draft (Jim Farley, Finance Manager) - Farley reported that three work sessions were held in September and October and that there is no tax increase projected in the draft budget.  Instead there apparently is a modest surplus for 2009.  The draft has been presented to the Board for review and at the next meeting there will be a motion to tentatively approve it.  In December, after the budget has been publicly advertised, there will be a formal approval.  Farley said that this is one of the least painful budget processes he has experienced.  See Christopher Baxter (Morning Call) for more on the 2010 budget.

Executive Session - There was an Executive Session for a litigation matter.  The Supervisors-elect attended.  No action was taken after the session and the meeting was adjourned

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BoS Meeting Notes - 4/2/2009

Regular Meeting (agenda)

Forks Supervisors learned that Waste Management has agreed to a one year contract extension (at the same price) and that KMRD has, as expected, filed an appeal of Judge Giordano's ruling on the Procedural Challenge.  The next stop for it will be the Commonwealth Court.

However, the lion's share of BoS time was spent in discussion of the playground equipment purchase for the first of Fork's neighborhood parks.  The discussion ran the gamut of the virtues and vices of neighborhood parks, teenagers, Easton's park problems, the as yet unfinished Comprehensive Plan, and even an implication that the standing committees are not working.  It lasted an hour.

Please read Lynn Olanoff's Express Times article for more on the Penn's Ridge Park discussion.

The meeting was attended by seven EAHS students who where there to fill a government course requirement.

Public Comments (non-agenda) 

Fernando Cabrera of Cara Court spoke on behalf of the 59 homeowner members of the Lafayette Park Green homeowners association.  He said that he brought two issues to the Board.  The first was a safety issue about the intersection of Meco Road/Thomas Drive/Jamie Court.  The association wants a stop sign there, east and west.  He said that the road is almost a drag strip and it is a school bus stop area used by 25-30 children

The second issue was a request for an ordinance to address the storage of abandoned vehicles (or vehicles in a state of disrepair) on private property.  Mr. Cabrera said that homeowners' properties were devaluing already because of the market and an abandoned vehicle in the neighborhood doesn't help.  The police department had already told him that there is no current ordinance and their hands are tied.  The vehicle, a pick-up truck with a cap, is registered, insured, and inspected - but its owner has deflated the tires and left it in the driveway at (he believes) 90 Thomas Drive.

The homeowners association has levied fines and the owner pays them when a lien is about to happen.

Mr. Cabrera is in property management in NJ and PA.  He said that his firm has helped municipalities craft such ordinances and he would be happy to assist in this process.  Howell asked for his business card.

Regarding the speeding issue, Chuss suggested that homeowners see Chief Dorney to get some of the SLOW DOWN signs.  Dorney said that they still have a few available.

Supervisor Remarks:

• Supervisor Miller - spoke to the success of the Downtown Easton Merchants' Initiative held (March 15th) at the Community Center.  The fair showcased Easton merchants' offerings and was busy all day. The merchants were very pleased. He reported, too, that the two day Egg Show (March 28-29) was very crowded and the exhibitors were pleased with the turnout and the facility.  They will be back again next year.  Miller said that it was a "win-win" for the Township and for all the exhibitors at the show.  He added that he was told that the money they made on Saturday alone was more than they made in a two day show last year.

Treasurer's Report - Egolf (after a side note that Miller was a "good egg") detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $8,346,476. 

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

• Public Safety - Supervisor Howell - said that the committee's next meeting is scheduled for Tuesday, April 21st at 8:00 AM.  The public is welcome to attend.
• Public Works - Supervisor Chuss - reported that the Board has copies of the five year plan drafts for Public Works.  He said that the did a "kind of sanity check on them" and he thought overall they looked very good - outstanding.  He asked the Supervisors to look at the drafts and make comments or suggestions.  The committee will review the comments at its next meeting with the goal of getting the plans as close to final as possible before BoS discussion and adoption.  DPW Director, Mark Roberts, noted that the final draft of the sewers and facilities plan is ready but he did not like the format of the final draft and is fixing it.  He will have it for the next meeting.  Chuss said that the next committee meeting is on Tuesday, April 14th at 7:30 AM.  The committee will have the initial information for the potential new DPW garage.  The report will be sent to the BoS by the end of the month, or at least by the next BoS meeting.
• Parks & Recreation - Supervisor Egolf - said that there have been no meetings since the last BoS meeting.  The committee's next meeting is scheduled for Monday, April 13th at 6 PM.
• Community Relations - Supervisor Miller - said that the committee's next meeting will be on Monday, April 13th at 5 PM.
• Finance and Administration - Supervisor Nicholas - said that the committee's next meeting will be Wednesday, April 8th at 5 PM in the Municipal Building meeting room.

Township Manager's Report - Schnaedter reported that he received notification from the Northampton County Department of Administration that the grant application drafted by (then) Emergency Management Coordinator Tim Weis has been "successful."  It is for mitigation of flooding on Kesslersville Road.  The project estimate is $250,000.  Forks' (match) portion is 25% or approximately $62,000.

Howell said that the project is for a stretch of Kesslersville north of Newlins that will be raised with drainage going under it - along the natural swale.  He added that it will be a great benefit to the community after heavy rainstorms.

Schnaedter said, too, that the newsletter is at the publishers and he hopes to have the proofs shortly.

Nicholas asked Schnaedter to comment on the Waste Management contract.  He said that Solicitor Kline has a copy and is putting an agreement together for the Board.  It will be a regular agenda item at the next meeting.

Egolf asked who will be attending the April 7th (free) Energy Forum?  Schnaedter said that he and Tim Weis will be attending - and any Supervisors who wish to go.  Schnaedter said that he knows Weis is excited about it.

Engineer's Report - Hay - no report.

Solicitor's Report - Kline - said that he has prepared a small agreement for a one year extension to the Waste Management contract.  Waste Management has agreed to hold the rate for one year, from September 1, 2009 through August 31, 2010 and the agreement allows the parties to extend the contract with two additional one year terms.  He has sent the agreement to Waste Management for signature.  When he gets it back, he will put it on the agenda for Board consideration.

Kline said, too, that he attended a pre-construction conference this week for the Kiddie Academy (going in at Sullivan Trail Business Park).  The project is finally going to start in the spring. 

And, Kline told the Board he is "not surprised" (but is disappointed) that KMRD has filed an appeal of Judge Giordano's ruling on the Procedural Challenge.  KMRD has lost it twice, once before the Zoning Hearing Board and once before the local courts.  It will now go to the Commonwealth Court. 

Kline said that his opinion is that this challenge as well as the substantive challenge are examples of greedy developers suing the Township to try to force zoning changes that would provide them with a "multimillion dollar windfall."  The cases have nothing to do with affordable housing since they had approval for affordable housing and they chose not to build it.  The developers allege that they are interested in preserving farmland but nothing can be "farther from the truth" since they are proposing 3,000 units in the Farmland Protection District.

In closing, Kline said, "I want to make it clear to everybody, that the Board and the Township intends to continue to vigorously defend against these challenges to the Forks Township Zoning Ordinance."

Chuss asked what reasons have been given for the appeal and Kline said that all that has been filed so far is a notice of appeal saying "We're appealing."   He guesses that they are using the old reasons "plus a few more indicating that Judge Giordano didn't know what he was doing - in more legal terms than that."

UNFINISHED BUSINESS

Approval of Playground Equipment – Penn's Ridge (Bob Egolf, Supervisor) - Egolf briefed the Board on the history of the neighborhood parks concept, in particular, tot-lots.  The concept originated last year with the Parks & Recreation Standing Committee under Howell.  The first to be solely a Township park is Penn's  Ridge.  (Egolf noted that the Township did contribute to the playground equipment at the Forks Elementary School last year.)

Egolf said that he and Nicholas have come up with the plan for Penn's Ridge and it has been widely distributed.  He said that the Upstream Farms neighbors "have been interested and concerned about the impact on their neighborhood."  And, he added, that both he and Schnaedter as well as others have spoken to them.  They understand the reason for the park and like the fact that the basketball court will be as far away from their homes as possible.

Egolf said that he is asking for Board approval for the tot-lot equipment purchase.  He described two pieces of playground apparatus, one for "really little folks" ages 2-5 and the other for ages 5-12.  The one for the older children will have climbing ladders and an overhead gym - plus a few other things.  There will be a seesaw and swing sets with infant seats and regular belt seats.  Weis showed slides of the type of equipment to be purchased.

Egolf said that he is also asking the Board for approval to get the play equipment installed by the manufacturer.  He said that it is a "long and arduous" process to get this all installed in a timely manner, and he feels that it would be best done by the manufacturer.

Howell asked what other peripheral items might be included at no charge.  Egolf said that the offer for this month only (from the supplier) is probably one jumping truck/car.  Last month there were other items offered.

Nicholas asked about bike racks.  Egolf said that he suggests that they don't invest in any since his experience is that the kids are right there and they don't use them.  They simply let their bikes lie in the grass.  Nicholas then asked about the sandbox and Egolf said that he has not yet been able to locate one that does not have removable corner seats.  The removable seats disappear overnight.

Sandy Hanks (resident) asked if the price was still $64,000?  Egolf said that it is a bit that under but he is only talking about the play lot equipment.  The basketball court must be put out for bid in order to get a price for it.  He noted that the money for the neighborhood parks is coming from developer paid impact fees.  Builders have given money or land or both, specifically for this type of expenditure.  And, that account has more than adequate funds to do neighborhood parks.

Howell asked the total cost of the play equipment.  Egolf answered that it costs $26,026 and that installation will be an additional $9,617. 

Howell then asked Finance Manager Farley if the installation money can come out of the impact fee account.  Farley was unsure about the prevailing wage rate requirement.  Kline said that if the equipment is in the (PA) COSTARS program, negotiations can be done.  The Township is not going out for bid.

Howell noted that the play lot (on the plan) seems larger than before.  Egolf said that it is.  It was 40 ft X 40 ft and now it is doubled to 40 ft X 80 ft on the vendor representative's recommendation - in order to accommodate the two pieces of equipment.

Howell asked about a barrier between the parking lot and the tot-lot - to keep cars from crossing through.  Roberts said that the DPW could do that and Hay said that there is curbing there.

Nicholas asked Chief Dorney for his opinion on trees all around the edge.  Dorney said that there seems to be plenty of space between the trees.  Hay offered that the trees in the plan are deciduous and not pine.  Egolf explained that the branches do not go all the way to the ground.

Howell said that he recalled that when Linda Hill talked to the Board about the play structure at Forks Elementary, interconnecting tubes were not to be permitted because a child inside is not visible.  Instead they used a walkway.  Egolf said that he would talk with the vendor's rep about that.

Next, Chuss voiced what he said were the concerns of residents with whom he has spoken.  He said he'd be "remiss" if he didn't bring their concerns to the Board.  He said that residents have expressed their concerns to him and that the majority are against "this" although many support it.  Chuss said that he doesn't think this has been communicated well to residents.  He bases this on what he termed the confusion and disinformation that he's encountered over the past few weeks regarding plans to put a park in Penn's Ridge.

He narrowed the concerns to four:

• The land use is being changed from detention pond to recreation with structures on it.  Chuss said that developers are required by zoning to notify people who live within 300 feet of land use changes.  He thought it would have been "common sense courtesy" to follow the guidelines of the zoning ordinance and notify Penn's Ridge residents. Chuss thought that nearby residents should have been notified of this meeting so that they had the opportunity to come and raise any concerns that they  have or to get questions answered.  (He said that he knows residents can come to any meeting.)
• Chuss said he felt that issues from the last meeting were not adequately addressed.  Specifically he mentioned talk of increased traffic, increased noise, and illicit or illegal behavior on "this property."  He said it's hard to identify who "these people" are since "they come from anywhere and anywhere."  They are "people who use abusive or offensive language in the playgrounds."  Vandalism... users of illegal drugs... and the potential that gangs could possibly meet.  He said that "maybe this won't happen... and probably won't happen, but there is a good chance."  Chuss said that the Community Park is facing vandalism of the soda machine and to the scoreboard and there was even an attempt to steal the goal posts when the price of metal was high last year.
• Chuss said that for him, "This is a complete and total about face regarding the idea of neighborhood parks in general."  Developers are required to provide a percentage of their land for recreation or make a contribution to the recreation fund.  He said that over the years, "people in this room" have said that they did not want to take the land, they wanted money added to the recreation fund.  The money could then be spent at the Township's discretion and also, the Township did not want neighborhood parks scattered all over the Township.  He said that the reasons were maintenance concerns, management and upkeep, and policing.  He doesn't think this change has been given adequate consideration.  But the issue that bothers him the most is the using of the $1.9 million recreation fund money without an overall plan for it.  He said it is a finite fund.  He feels that it should be spent "for everyone in the Township and not just for particular neighborhoods... or what certain people in the Township want." 
• Chuss then said that he never understood that the purpose of the Standing Committees was for the initiation and moving forward of ideas that Supervisors have.  He thought that the idea of the committees was to review items that came from department heads and various boards for initial feedback before communicating them to the Board.

Howell clarified the role of the Standing Committees.  He said it was his proposal to the Board two years ago and that he knows he sent a copy to Chuss.  Howell said that "part of the role of the subcommittee is in fact to overview and supervise indirectly on behalf of the Board a certain function of government...  It serves as a fact finding body to do and fact find on those matters directed by the Board... to make recommendations back to the Board." 

Howell said that he presented the neighborhood parks proposal to the Board and the Board referred it to Parks & Recreation.  It has now come back to the Board, as it should have.  To the issues of parks and the planning of parks, Howell deferred to Kline.

Kline said that under the MPC (Municipal Planning Code) the Township can require that developers set aside land for recreation.  It cannot force developers to pay fees but it can get fees in lieu of land.  The developers pay the fees because often the land is worth more than the money.  This give municipalities some control over where parks are to be located.  In the case of Forks, in most instances, the Township has taken the money, a per lot fee on both residential and commercial developments.  This way, the Township decides the appropriate place to locate the recreational facilities.

Howell addressed Chuss' comment about parks as a venue for crime and gangs.  Howell said that it sounds like every time the Board addresses a neighborhood park, Chuss will say that there will be crime, drug use, and gang activity.  He said that the developer for Vista Estates gave land and the Township put a ball field there.  He asked Chuss if he will object to a tot-lot there?  Chuss indicated that it's a ball field.  Howell asked if neighborhood kids could go there and fly kites, play pick-up games, smoke cigarettes... To each, Chuss answered, "Absolutely." 

Howell asked Chief Dorney if he will have trouble policing tot-lots.  Dorney said it will be just another area to patrol.  Police patrols already go through Penn's Ridge so this will just be a route arrangement to do an "eyeball."

Howell said that the parks are a venue for children and parents and that it is very selfish to object putting a recreation area in other than the Community Park because it might be a "venue for crime."  Howell said that one of the Penn's Ridge residents asked, when he learned that there was going to be a basketball court there, if it would be placed in such a way that he couldn't put up a volley ball net.  Howell said that it is obvious that the area has been adopted by the residents for recreation.

Egolf gave Chuss credit for thinking it (his concerns) through.  However, he said, the area is already a recreation area.  Chuss said that it is a designated detention pond on the plan.  Egolf said that there's a sign there that says it's a recreation area.

Egolf then asked Chuss how he voted on the $10,000 donation to the school for recreation equipment.  Chuss said that he voted yes because it was an upgrade to an existing park and because another group (not the Township) was doing it.  Egolf asked about the behavior there.  Chuss said there are adults there and there are security officers at the school.  Egolf said that it is open to the public during non-school hours - when there are no security officers nor adults present.  It is open to the public on weekends and all summer long.  He pointed out that it looks like a double standard.

Egolf said that in the planning of the Penn's Ridge park, the committee has had conversations with Chief Dorney about patrols, enforcement, and signs.  As to Chuss' "about face" reference, Egolf said that years ago, the Township had 5,000 residents and today it has 16,000 residents  Many young couples have young children and they deserve recreation.  The Recreation Board approves of this park as well. 

Lastly, Egolf said that the entire amount of money needed for the neighborhood parks program was outlined and brought before the Board last year. 

Nicholas said, "When our country comes to the time when we punish the good for the few that are bad, it's a sad day."  The economy is bad.  There are bad people out there.  As far as planning, the Township is planning an amphitheater for the Community Park and has talked about other things as well.  In addition, the committee has talked with the Recreation Board and the Athletic Association and has now brought this to the Board for a vote.  Kids need a place to play.

Chuss said that two of the Easton parks are having problems with irresponsible behavior and gang activity.  He said that he wants an overall plan for the $1.9 million and he wants the Comprehensive Plan in place.  He referred to this as "ready, set, spend."  He thinks it is fiscally irresponsible.

Howell said that "this is not a midnight construction of a park."  It is being done in daylight.  He suggested that Chuss' cadre and army of defenders come to the meeting when the basketball court is discussed. 

Miller said that he was put in charge of recreation 20 years ago - because no other Supervisor wanted it.  He said that back then Panuccio gave land in his developments to the Township.  That land is the swale and a detention pond, neither of which is suitable for recreation.  After that land gift, the recommendation was to collect money instead.  The developers were happy to pay it.  Some of that money paid for the current Community Park and Community Center.  Recently the Township did request (and receive) five acres of land adjacent to the Community park from Signature Homes.  As to the Penn's Ridge park, "nobody knows for sure what will happen."  The Recreation Board said "let's give this one a try and see how it works."  There are problems in the Community Park.

Nicholas said that when asked for a building lot for recreation, the developer Jim Seitz gave it... in addition to the fees.  Chuss said that Mr. Seitz even offered playground equipment.

Nicholas then asked the EAHS students who were present what they thought.  One of them said that the basketball court at the Community Park is always crowded and that the leagues take it over.  Also, the big kids kick the little kids off the court and when you are 10 years old, you don't argue.  He thinks the basketball court at Penn's Ridge is a good idea.  And, he guarantees that more kids do drugs in big open fields than in parks with parents around or checking on their kids.  He also said that he has many friends who are not from Forks and kids like to play with their friends.  They try to find places to play (basketball) somewhere in the middle.

Miller said that the Recreation Board is asking for another basketball court in the Community Park. 

Howell offered that "public parks are public parks."

Egolf made the motion to approve the expenditures for the tot-lot as laid out - and the installation - for a total of $35,643 with a cap on it not to exceed that amount.  Nicholas seconded the motion.  Howell noted that the interest on the developers' funds goes back into the general revenue fund and if it did not, this park could have been paid for with the interest (and not with the principal.)

The vote was 4:1 with Chuss casting the nay.

NEW BUSINESS

Resolution # 090402-1 Acceptance of roads in Frost Hollow Knolls, Phases 8 and 9 (Karl Kline, Solicitor) -  Kline reported that the Hay's office has inspected the roads and that they are okay to be accepted.  The approved resolution allows the roads to be qualified for Liquid Fuels Tax Credits from the State.  The resolution passed with a 5:0 vote.

Ordinance 312 – Vacation of portion of Glover Road (Karl Kline, Solicitor) - Kline explained that JG Petrucci, the developer of Fort James III, built a new section of Glover Road that now connects at a 90 degree angle to Braden Boulevard.  The northern section that formerly connected to Uhler Road no longer exists.  In these situations (when the Township vacates a road), the adjoining property owners get the land to the middle of the road.  The ordinance also calls for granting deeds to the adjoining landowners, John Ackerman and JG Petrucci.  In discussion Planner Larry Kitson asked when the cones would be removed.  He noted that there is a power pole in the middle of Braden at the Uhler intersection.  Hay said that the PennDOT work is not yet finished.  The vote to advertise the vacation of the former roadway was 5:0.  The ordinance will be considered for acceptance at the April 16th meeting.

NON-AGENDA ITEM

Grant Application Public Hearing Request (Rick Schnaedter, Township Manager) - Schnaedter explained that at the last meeting he received authorization to submit a park planning grant to the PA Department of Natural Resources. One of the conditions of the application is that a public hearing must be held before the grant application can be submitted.  The application deadline is April 23rd.  The next BoS meeting is scheduled for April 16th.  The Board discussed the fact that a workshop for Planning Commission (PC) applicant interviews was already scheduled for that night at 6:30 PM. 

The conflict was resolved when, with a 5:0 vote, the Board agreed to move the PC interviews to a workshop before its meeting on May 7th.  Another 5:0 vote resulted in the scheduling of a public hearing for the park planning grant on April 16th at 6:30 PM.

Executive Session - The session was held to discuss a real estate land acquisition.  No action was taken by the Board during the executive session.

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

BoS Meeting 4/20/06

The April 20th Board of Supervisors meeting was longer than most and did not include an executive session. There was enough of importance to Forks taxpayers at issue this night to warrant the meeting’s length. Sarah Mausolf (Express Times) and Joe Nixon (Morning Call) reported. Please read their articles. Please note: The agenda format has been revised. We will follow it for our meeting notes.

Supervisor Comments

• Supervisor John Ackerman reported that Ace Hardware will have its ribbon cutting ceremony on Wednesday, April 26 at 6 PM (and party through 8 PM). All Supervisors were invited. Ace is disappointed at the response so far and Ackerman asked that Supervisors let the store know if they are coming. When asked how the lack of a Certificate of Occupancy for the store as well as for the highway would affect their plans Ackerman replied that people could park in the lot for that night.
• Supervisor Bonnie Nicholas noted that cars are traveling on the new parks garage driveway through to the new parking area and she feels that the cars will be parking by the garage. Engineer Fred Hay told her that there are plans for chains to block the driveway at both ends. Nicholas also said that a resident suggested reflecting strips on the stop sign polls at the Arndt/Bushkill intersection. She said too, that the office staff told her that there is no fireproof box to lock up checks in the new office at night.
• Chairman David Hoff expressed the condolences of the Board to Gary Sandt and the Sandt family on the passing of his father, Paul Sandt, a former Township Supervisor.

Treasurer’s Report

Howell explained that the Treasurer’s Report (formerly Debits & Transfers) section of the meeting details Township spending since the last BoS meeting - the Board must approve the payment of bills (in each of the categories listed on the agenda.) He said that as an audience member (in his pre-Board days) he was uncertain what the debits/transfers were all about and he offered the explanation in case others in the audience felt that same way.

Standing Committee Reports

• Public Safety - Supervisor Nicholas - Reported that the Police Department has begun its 5-year plan. She asked that electing Rich Bassett as assistant EOP coordinator be added to the agenda. Nicholas reminded the Board and the audience that the Police Department is having a DUI Awareness Program (teenage drinking and driving) on Monday, April 24 from 6-9:30 PM. Chief Greg Dorney added that the District Attorney’s office, Forks EMS and Forks PD will be involved and that there is still some room and to register, contact the department.
Dorney said that there were 570 calls for service in March and that at the current pace April could reach 700. He noted that there were 2 more drug arrests. Dorney reported also on PD training in March - all officers had firearms training (live fire training with shooting and moving techniques), all officers took a 4 different training courses dealing with the topic of "pursuit," there was also communications level training, and 5 officers were sent to outside training. He note that accreditation is continuing to "professionalize" the department.

Howell expressed concern about how dangerous the Arndt/Bushkill intersection has become and asked Dorney for suggestions to improve it. Dorney replied making that intersection as highly visible as possible is about all they can suggest. There is enforcement there every day - "the purpose is to make a safe intersection." They don’t want to see anyone lose their life.

• Public Works - Supervisor Ackerman - Had nothing to report from the committee. He asked Township Manager Kichline to update the construction status and about planning a day for the open house. Kichline said that they are finishing the punch list and that she anticipates that it will be done by June 1. Hoff suggested a June 10 date for the open house. It will be set at the next meeting. Kichline added that the "time capsule" could be buried at the time and that the memorial trees could be dedicated too.
• Parks & Recreation - Supervisor Miller - (Note: This committee has yet to meet.) Miller reported that the parks are full and that the recreation path is the most popular thing in the park. He said too that the AAU basketball tournament will continue through the end of May (volleyball tournaments too), that sign-ups for football will take place the entire month of May, that they are working on additional parking at the Meco fields, and that he is working on a newsletter to come out in the next month (or so). He added that the new electronic sign is up and that they are having software training for it.
• Community Relations - Supervisor Howell - Said that the committee’s initial focus is to renew the publication of what used to be called the (Forks) Township Newsletter. Kichline has submitted a mock-up of the first page to Hometown Publishing. Howell added that the publication will be informational and not "newsy." A parks/recreation survey will be in it as will a centerfold map of the Township with all the latest roads. When Howell said that the first edition will probably be Summer 2006 Nicholas asked if the new publication could be done for the open house. She thought it would be a perfect spot for it. Howell said that that is unlikely but that "they will do their best." Hoff asked that the Community Relations Committee notify the public about the open house. Howell said that it will go on the Township website, the newsletter and public service ads in the local papers.
• Finance & Administration - Supervisor Hoff - Reported that the job descriptions for the office are ready to finalize. He announced a new one page revenue vs. expense summary, showing all the revenue sources and all the expense catagories as well as the annual budget and where the Township is year to date. It will be posted on the website so that everyone can see how the Township is doing financially. Howell added that this report is an "achievement in disclosure" It should be posted on the website on Monday. The report was made available to the public at the meeting and will be online soon - as presented.

Manager’s Report & Correspondence - Cathy Kichline said that anyone with questions about the new finance report can call her or Finance Manager Jim Farley. She also said of the PD update of its 5 year plan that she has shared her statistical research (on the Township) with Dorney and she encouraged everyone to take a look at the plan when it comes out.

Building & Zoning - Tim Weis said that project status reports are now on the website and that commercial will be added it. Kichline added that there are 10 commercial establishments under construction at this time.

Engineer’s Report - Fred Hay - Agenda items only

Solicitor’s Report - Karl Kline - Agenda items only

Comments from the Public

• Resident Art Panzini of Zucksville Road addressed the Board to alert them of a possible future catastrophe on Zucksville due to drainage problems and the new construction for College Park. He said that there was a meeting arranged by Hay with Muschlitz Excavating, Signature Homes, Weis and himself on his property and that nothing was decided to remedy the problem of the low spot on Zucksville that drains approximately 1/3 of mile and seven driveways. He said when he bought his property 25 years ago he was given a map that showed the requirements for the subdivision and a drainage easement on the north side of Zucksville Road. He said that this easement was never recorded at the courthouse. He addd that he is a physical geologist. He gave the Board some photographs - one of them showed a "big splash" and under that "big splash" is a car. He also said that a sinkhole is forming on his property.

Panzini said that if that sinkhole gives way sewerage will spill all over thearea. He said that he has spoken with Senator Wonderling about the problem and that more accidents will happen. The cost of sewer repairs will be a big issue. Hay said that there was never a drainage system put in at Sullivan’s March and that to fix it right they have to go through two sets of properties across the street. Hay said that it is a PennDot problem. Panzini noted that PennDot says it is a Township problem. The consensus was to speak again to Wonderling to see if he can get PennDot to do something.

• Resident and Planning Commission member, Jim Wideman reported that he has received calls about the new speed bumps in the recreation area. He said that he saw quite a few marks on the tops of the speed bumps indicating damage to cars. He suggested speed "humps" instead. Speed humps are approximately 3" tall by 3' wide with ramps at both sides and are "kinder and gentler" to cars. Miller said that speed humps are exactly what are going in next week. A resident in the audience also suggested painting the humps yellow or white so that they can be seen. Miller said that that will be done also.

UNFINISHED BUSINESS

RESOLUTION & APPLICATION/LIQUOR LICENSE TRANSFER - The resolution was approved 5:0. Applicants wishing to transfer liquor licenses into the Township from other communities in the county will now have to apply for a permit and pay a fee of $1000 for the first hearing. If a second hearing is needed they must pay an additonal fee of $750.

GOLLUB PARK EASEMENT AGREEMENTS - Kline explained that easements will provide the public and the Township with a way to get to the park. The public easement will allow a footpath over a corner of the Krause property. Krause granted that permission at an earlier meeting. The emergency (and maintenance) easement will allow Township vehicles to use the old trolley bed to get there. The trolley bed is solid and crosses private property. The footpath will be 8' wide and constructed of mulch over gravel. Most of it will be aligned along the southern side of the "paper street," Valley View.

Owners of 4 parcels on Valley View, Tom Matteson and Francine Ludict asked the Board if they could cross the path and the Met-Ed property (on the paper street) to get to their farthest parcel. Kline said that since the Township had not used Valley View in 20 years, it lost the right to the road. He said that the property reverted back to the adjacent landowners. Easement agreements have been sent to Krause, Arcury, Met-Ed, and Ludict/Matteson.

Nicholas asked why the public path was not staying completely on the paper street and Kline said it was to preserve trees. Someone from the audience said that they have all been cut down. Kline said that without the easements for emergency access, the Township will have to make a way for vehicles to get back to the park. Pete Rossi (property owner and Zoning Hearing Board member) said that without the easement for the walking path, 5 more trees and 3 new plantings will have to come down in order for him to get access to his property.

Krause and Arcury are reviewing the easement agreement for emergancy access and wish to speak with Kline and Kichline further on it. The other owners, Ludict/Matteson, who live in Ohio, will meet with Hay and Kichline Friday at 8:00 AM. This matter will be decided at the next BoS meeting.

NEW BUSINESS

DEVELOPER IMPACT FEE TO AID SCHOOL DISTRICTS - Howell said that Kichline received a communication from Rep. Grucela’s office requesting Township support for HB 2550, his bill to allow impact fees levied by school districts. Activists for this cause, Richard Cowell and Don Dal Maso addressed the Board.

Cowell asked that Forks adopt a resolution like those adopted by Upper and Lower Mount Bethel Townships. He said that Washington Township is considering it too. Cowell said that the bill will allow schools to charge developers sufficient fees to offset the costs of new students their developments bring. "Now is the time to take action."

Dal Maso spoke of a new bill endorsed by 14 State Representatives to pass a building excise fee of up to $26K per house. He said that UMBT Supervisor Loren Rabbat is taking the lead and will be at the PSATS convention on Monday.

Dal Maso also said that on Monday, May 1st seven municipalities served by the Bangor Area School District are meeting to discuss this.

Nicholas said that she spoke with Grucela about the bill a month ago and that she supports it (and Grucela.) Miller said he supports this 110%. Hoff asked Dal Maso if he had been to the school districts and Dal Maso replied that he had and that they are very supportive. Howell noted that the second bill (HB 2564 - if you want to read it, the School Impact Fees begin on page 24) is sponsored by Representative Mailtland and that Grucela endorses it as well as his own bill. Kline said that since there are two bills, the Board can vote to adopt a resolution supporting the concept and not a particular bill. They did just that in a 5:0 vote! (Yes, there was APPLAUSE!)

RIVERVIEW ESTATES, PHASE 2C/COUNTRY CLUB ENGINEERING REVIEW - No one was at the meeting to represent the developer and the item, based on Hay’s recommendation, was rejected in a 5:0 vote. Hay noted that Strausser Enterprises did not submit proper plans for this large parking lot (to go to the gazebo).

RESOLUTION APPOINTING DELEGATE TO TWO RIVERS COUNCIL OF GOVTS. - Ackerman was appointed as a delegate with Howell as the alternate at the 2/2/06 BoS meeting. The Two Rivers COG requires a resolution. It was approved 5:0.

CVS/ZONING DEFINITION - Kline explained to the Board and the audience that this project is located at the south eastern corner of Sullivan and Uhler and that it is zoned for commercial and industrial development. Developer Sam Maranka is interested in developing the parcel. The (first proposal) CVS is an allowed use in that district, the (new proposal) grocery is not. The grocery requires a public hearing and the developer is requesting that the process begin now. Kline said that the Board has to decide if it wants to make any changes in the zoning in that area at all and if it is willing to change the zoning for a grocery store, it must decide the "degree" to which it will be changed.

Rose Randazzo an attorney (and partner) from SamCar spoke of the 3 mile (from the site) radius "trending study" that they did and how it led to a "high end" grocery as a preferred use over a CVS. (She added that SamCar is a preferred CVS developer.) The "trending study" indicated that there are 5137 housing units approved and not yet under construction, a population of 38,000 within three miles of the site, and a median income of $55K plus.

Randazzo said that the study showed a real need for a second food store in this area. Forks is, to the developer, the "focal point for all the development that is happening - and Sullivan Trail is one of the main roads for everything that’s happening in the surrounding communities." SamCar is "community minded" and didn’t want to let this pass without asking the Board if this was what they’d like.

Randazzo said too that the new store would be approximately 70K square feet and will provide 150-200 part-time and full-time jobs. It is expected to do $30 million per year in sales generating an additional $45K in mercantile tax. The Forks Giant is doing $800,000 in gross sales per week.

Howell asked Randazzo if she had seen the headline in this morning’s Easton Express. She had not. He summarized it as, "We goofed. We totally mis-estimated the growth in the area." Howell thought the numbers in their study are low. Randazzo said that she knows that they are but that they were done for the CVS and CVS requires only a 3 mile radius. Howell said that for the Board’s sake, it must understand the impact that an upscale grocery will have on the Township and that it must think about what will happen if Palmer gets a racetrack and Tatamy a Route 33 interchange. He said that Uhler Road could become an "aorta of cars." He added that an upscale grocer will not be just a community store for Forks residents.

Nicholas asked how large the piece of property is (10 acres) and then asked how large Zawarski’s property is behind Met-Ed (11 acres). She told Randazzo that it is in Town Center - just for her information. Ackerman noted that the traffic that will be brought in will depend on what chain is brought in. He thought it important to know this.
The developer said that traffic will have full access from (new streets) Braden and Ian and that there will be a deceleration lane on Sullivan for northbound traffic to a right in/right out drive. Ackerman asked about the traffic from a grocery compared to other uses. He also noted that the traffic coming in for the new industrial parks has to be considered also.

Kline said that the Board does not have to make any changes to the zoning ordinance. The Board must decide though and if not voting "no," it must let the developer know what other information it needs. He suggested directing himself and Mr. Schmehl (URDC) to draft several different zoning changes for the Board to consider.

Howell said that he is concerned that Pandora’s Box will be opened if the zoning is changed and asked Kline if the Township would be open to litigation when the next big box retailer wants to build in the EC district. Kline said "no" since the Board is acting rationally and in the best interests of the Township. Howell said that he needs more information and suggested a Joint Workshop. Hoff agreed and also asked the developer to come up with a study that a grocery store would use. Nicholas suggested that the Board direct Kline to prepare options for their consideration.

It was decided that because the developer needs to know quickly if the Township wants an upscale grocery store at that site, that the PC Workshop on Tuesday, April 25th (7 PM) become a Joint Meeting so that Supervisors and Planning Commission can discuss this project together. Kline said that he can have things for the Board for the May 4th BoS meeting and that the Board can take action at its second meeting, May 18.

LOCKED MAILBOXES - Nicholas said that the outside drop box where residents "deposit" their tax payments is not secure and even get wet. She said that she can put her hand inside and take anything out. After discussion it was decided to get a used USPostal mailbox and paint it with the Township logo to use instead.

Nicholas said too, that residents have asked her why there are no boxes for Supervisors where they can drop off mail for them. Ackerman said that people want to drop off something for a Supervisor and not have anyone else see it. Weis said that for safety issues, any kind of locked boxes like that should be outside. What if someone doesn’t like a particular Supervisor? Ackerman said that the idea came from when he first became a Supervisor and people wanted to have a suggestion box.

There was discussion of a bank of boxes outside of the building. Howell wondered why people would want to come to a building with cameras all around it in the dead of night to drop off a secret note. He thought that they could use the mail to do that and send it to his home. He added that if the boxes are outside of the building and have Supervisors names on them, he does not want one. Hoff thought that people could just make the envelope "personal & confidential."

BUILDING/SECURITY KEYS - Nicholas read a statement that she prepared advocating keys to all the municipal buildings for Supervisors for use in cases of emergency. She said that even though the Township has an Emergency Operations Plan (EOP), the Supervisors are the "bottom line" and when something happens it will come back to the Supervisors. She also had a letter from PSATS endorsing keys for Supervisors.

Ackerman asked Kichline how she arrived at the times and dates that Supervisors and employees have access to the buildings. Kichline said that she worked with Chief Dorney and that Supervisors have 24/7 access to the Supervisors’ areas. Employees have additional access on an as-needed basis but they must let someone know that they need to be in the building. Nicholas said that if there is an emergency, she doesn’t want to have to break down a door to get into a building that she might have to secure later on.

Weis said that every building has a "knox box" and access to a key is only ten seconds away for any police officer or fire officer who places a radio call to the 911 center. He added that Kline is preparing the "knox box" ordinance for the Board’s consideration. Ackerman said that he thought Supervisors should be able to go anywhere in the buildings at any time. Keys for Supervisors was defeated in a 2:3 vote.

URDC - PROPOSAL FOR COMPREHENSIVE PLAN UPDATE - URDC’s 6 phase proposal will cost $31K. It is for a 12 month period. The work will not begin until Fall and Kichline noted that there is $13K in the budget already for Zoning Ordinance changes. The balance of the funds needed will come from next year’s capital improvement fees. This was approved 5:0.

ADDED- ELECT RICH BASSETT AS EOP ASSISTANT COORDINATOR - Bassett was appointed in a 5:0 vote. His (volunteer) duties will include updating everyone’s phone numbers, researching resources around the Township, suggesting things needed for the command center immediately and in the future.

There was no 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.

One Person's Opinion

Don Dal Maso's proposal for school district impact assessments by municipalities has indeed received some welcome press lately. He has detailed some of it in edition #3 of his newsletter, One Person's Opinion.

Don's written to F.A.C. with the time and place of the UMBT Board of Supervisors meeting in which his proposal is an agenda item. The meeting is scheduled for Monday, January 23, 2006 at 7:00 PM in the UMBT Municipal Building on Sand Pit Road off of Rte. 512. For driving directions (courtesy of Don) click here.

He said that the originally scheduled presentation - the one discussed in the Express Times for 1/9/06 didn't happen. Lots of people came though! There was some confusion about the schedule and now it is officially on the agenda for the 23rd. He hopes that people from nearby communities will come to learn more about it and to support it too (of course.) Apparently a good number of those who made it to the 1/9/06 meeting, were not proponents. No, they were not. Do try to attend. It's important to your future. Heck, it could happen here!

So Far In January... The Short Version

The Township Municipal Building has been a busy place during the first two weeks of January. The Board of Supervisors had their re-organization meeting and filled the vacancies on the appointed boards and commissions. The Elected Auditors met to set the pay rates of working Supervisors (those who work for the Township in other capacities) and gave them the same 4% raises that other Township employees are receiving in 2006.

The Zoning Hearing Board rejected the three variance requests by CVS (project now called Forks Commons), one for two uses on one lot, another for relief from the loading area requirement for the proposed fast food restaurant, and the third for relief from landscape requirements for the CVS loading area. CVS subsequently withdrew its request for Conditional Use from the Planning Commission agenda and for a Conditional Use Hearing by the BoS on 1/19/06. The new zoning ordinance, when approved, will allow two uses on one lot.

The Planning Commission voted to reject a time extension granted by Knollwood Estates Phase 2. The rejection was based on Fred Hay's (Keystone Engineering) letter from the summer of 2005 and the agenda item was for a Preliminary Subdivision. The planners felt that they hadn’t heard from anyone regarding the plan since last August and enough was enough. It will now go before the BoS and the Board can decide whether or not to accept the time extension. If they do, it will go back to the PC for recommendations. If they do not, the developer must resubmit plans. Two of the Supervisors were in the audience, Ackerman and Howell.

Dean Turner (PC) asked during the re-organization session, if the PC or the BoS was responsible for appointing the PC solicitor and engineer. Tamborrino told him that it was the Board’s role and Kline added that the Board did it at their last meeting.

A resident of Meadowlane Drive addressed the PC and told them that he will be losing three huge trees to Riverview Estates West developer Segal & Morel. Apparently the stone fence-row is wider than noticed when the project was under discussion and Segal & Morel’s promise not to touch the trees is not practical (for S&M). Zoning Officer Tim Weis will talk to the developer and remind them of their promise.

UMBT will have Don Del Maso’s proposal to assess school district impact fees on its 1/23/06 agenda. As soon as we know the time and location of the meeting, we will note it here on the FAC blog as well as on our website. Please contact him directly if you want to know more. He’ll be happy to hear from you.

The new Municipal Building will be open for business on Monday, January 23, 2006. The Township's website cautions all residents to use the Sullivan Trail entrance as the park entrance will be closed. We do not know if that is a permanent condition or just a temporary one.

There are a more details about all of the above on the Forksaction website. And, if you are curious about where a project is or what stage it's in, there is a chart of recent projects on the News Page. Check it out and don’t forget to vote in this week's survey!

Yes Virginia, there is a Sanity Clause

Lower Mount Bethel Township is out in front when it comes to solving traffic and school tax woes! They applied for and received a grant for a Park & Ride and at least one of their residents is asking that developers be charged impact fees to fund additional school construction costs. Kudos.

The Park & Ride may help Forks and College Hill residents by giving them a place to park and ride and thus cut down some of the traffic passing through to get to the bridges. This is good news indeed.

As to the school tax impact fee, Representative Grucela (also from LMBT) has drafted a bill that will allow local municipalities to determine the real effects of development on their school systems and charge appropriate impact fees to the developers - which will lessen needed new school construction costs now imposed on existing property owners. Read Grucela's bill, HB-102.