BoS Meeting Notes - 12/4/2008 - updated

Regular Meeting (agenda)

Note:  These notes were updated on 12/13/08.  The updates are labeled Update and are in this same color blue.

On this night, the Board of Supervisors voted unanimously to donate the balance of the 2007 EMS set-aside money to Suburban EMS.  In exchange, all Forks residents who paid 2009 subscription money to Forks EMS (and not to Suburban EMS), will be covered by Suburban.  The Board acknowledged that Suburban has worked hard for Forks residents over the last 2-1/2 years and has not always been paid.  (see Suburban EMS Forks squad)

The BoS also voted 4:1 to donate a portion of the money earmarked for an employee Christmas party to Safe Harbor of Easton.  This is to be a one time donation $2,000 on behalf of the Board of Supervisors and the employees of Forks Township.  The 2008 employee Christmas party has been cancelled.

Please read Sarah Wojcik's two Express Times articles - one on the EMS donation  and one on the Safe Harbor donation - and Christopher Baxter's Morning Call piece for more on both donation decisions.  

Public Comments (non-agenda) - None

Supervisor Remarks:

• Supervisor Nicholas suggested that the Board "go green" and use the new smart-board to show the agenda instead of printing so many copies.  Zoning Officer Weis said that if the Board is to be used for a presentation, the agenda will have to come down.
• Supervisor Howell said that he sent an email to Township Manager Schnaedter about the upcoming vacancies on the appointed boards.  There is one on the Zoning Hearing Board (ZHB), one on the Planning Commission (PC), and one on the Recreation Board (Rec Board).  All are four year terms. 

December 29th was set as the deadline for applicants to submit their intentions and qualifications.  A legal notice will be published and interviews will be conducted - possibly at the first (or second) BoS meeting in January.  All boards have quorums and can hold their first meetings in January.

Howell noted that Lou Moyer (ZHB) has already asked (via email to the BoS) to be reconsidered.  Applications may be sent via email or via the US postal service. 

The vacancy on the Vacancy Board was also discussed.  It is a one year term.  Currently the position is held by former Supervisor Henning Holmgaard.  Howell asked Kline if that position must also be advertised and Kline said that since the Vacancy Board doesn't do anything unless "the Board fails to act in a particular situation" he does not see the need to advertise it - if that person is willing to do it.   Schnaedter will call Mr. Holmgaard to ask his intentions.

• Supervisor Chuss asked if there is to be a Conditional Use Hearing before the next BoS meeting.  Weis confirmed and said it is scheduled for 6:30 PM. 

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 $7,400,223.

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

• Public Safety - Supervisor Chuss - said that the committee met last Tuesday in its final meeting of 2008.  He reported the following:
  • The Police Department (PD) is receiving its re-accreditation award this week in Carlisle. 
  • The PD is going to investigate what will be needed for national accreditation and if the requirements seem doable, may try for it next year.  
  • The modular furniture/evidence locker is to be installed on December 10th. 
  • The emergency services tower should be completed by the end of the month and available for training early next year.  The Fire Department is developing standard operating procedures, guidelines, and a suggested fee schedule (by other municipalities or organizations) before use.
  • In Fire Company voting, Bryan Weis was re-elected as Chief and Charles Chapman was elected Deputy Chief.

Chuss also congratulated the police for the apprehension of the Washington Township burglary suspects on Route 611.  He said they did a very nice job.

• Public Works - Supervisor Miller - said that there was no meeting since the last BoS meeting.  No report.
• Parks & Recreation - Supervisor Howell - said that there was no meeting since the last BoS meeting.  No report. 
• Community Relations - Supervisor Nicholas - said that she will be out of town and the upcoming Monday meeting is cancelled.  No report. 
• Finance and Administration - Supervisor Egolf - reported that the 2009 proposed budget is online (click the Finance tab).  Finance Manager Farley noted that the budget is scheduled for approval at the December 18 BoS meeting.  The Township Manager's current year goals will be reviewed at the next committee meeting (December 10th at 5 PM).  There will be no committee meeting on December 24th. 

Township Manager's Report - Schnaedter reminded all present that the Kiwanis annual tree lighting at the Municipal Building will be on December 7th at 7 PM.  Attendees are asked to bring non-perishable goods to be given to local food banks. 

Engineer's Report - Hay - updated the Board on PennDOT and the Meco/Sullivan traffic light.  He said that he met with PennDOT and that PennDOT will allow a right-in/right-out driveway at Leiser's Rental Barn - further from the intersection than the current driveway - as well as a new full size driveway on Meco Road.  Hay said that Mr. Leiser has had this information for three weeks and that he (Hay) does not think that he (Leiser) will sign - which will kill the project. 

Chuss asked if Mr. Leiser has provided any insight into his concerns.  Hay replied that he (Leiser) is upset with the Township for what happened three to five years ago when he applied for land development. 

Howell said that PennDOT is approving ingress and egress far beyond what he originally asked for...  Hay offered that this driveway arrangement will increase the value of the Leiser property.  He said that if he (Leiser) were just beginning to develop the property, PennDOT would make him put in the signal.  In this arrangement, he gets the signal for free.

PennDOT will not issue the permit for the light with the driveway in its existing location.

Nicholas said that the Township traffic study rated that intersection a "F" (one of the worst) and because Mr. Leiser does not want a new driveway, the Township is unable to improve a very bad intersection.

Howell said that the intersection is clogged at rush hour with cars trying to get onto Sullivan Trail.  The improvements included turn lanes, sight lines... and the Township has probably already spent - in traffic studies and other things - in excess of $70,000 (on this project.)  The landowner is "withholding approval without explanation" and would rather keep his "grandfathered" driveway.  

Kline said that this is so unfortunate because this traffic light is to be on a state highway.  PennDOT has said that  it doesn't have the money to do the improvements.  The Township recognizes this and is willing to spend the money to design the improvements and to pay the costs of putting in the light.  PennDOT says that unless this one individual cooperates, "it's dead."  PennDOT is willing to give Mr. Leiser a larger driveway and an additional one on Meco.  Kline said, "It is so unfortunate that this one individual like this is really standing in the way of substantial improvement of the safety for this community."  Howell noted that the Township has no means to force it upon him.

Resident Thomas Humcheck (sic) asked who would be paying for the driveways, him or the Township?  Hay answered, "The Township."

Egolf asked if there is a time limit on the project.  Hay said that there is none on the application and that the Township has met all the requirements except "this."  Egolf asked, "So next year, he could say yes and it would be a go?"  Hay noted that the only danger is that PennDOT could change the requirements and make them more stringent.

Kline offered that PennDOT could say that it is not going to let one person "hold this whole project hostage" and proceed with the improvements.

Hay noted that in 1986 Mr. Leiser got a permit from PennDOT for the current driveway.  Kline noted that it is ironic that PennDOT thought it safe enough in 1986 but is now willing to hold up the project over it.  He offered that PennDOT does not have to impose that requirement.

Hay said that the driveway is an alternative to Mr. Leiser signing the indemnification agreement which was originally requested.  PennDOT does not want to be sued.  Kline said that PennDOT was perfectly willing to allow the light if Mr. Leiser would sign a paper holding PennDOT harmless.

Update:  On December 10th Christopher Baxter (Morning Call) followed up with a more indepth article on this issue and its history. 

Solicitor's Report - Kline - said that in view of the fact that the real estate market is terrible and because banks are tightening credit standards, it is more important than ever that the Township keep a close watch on letters of credit.  Letters of credit provide the security that developers will provide municipal improvements as part of their projects.   If the improvements are not done and the developer "walks or goes belly up," the letters of credit provide the money to complete the improvements. 

Kline warned that banks' tightened credit standards may mean that some letters of credit will not be renewed.  He asked that the BoS authorize him to notify all the developers that unless their letter of credit is renewed no less than two weeks before expiration, the Township "is going to draw on the letter of credit."  

Kline said that Strausser's Riverview letter of credit is the next to expire - on January 7th.  Kline said that he contacted the issuing bank and that the bank is in the process of renewing all Strausser's letters of credit.  Also, the language is being changed so that the letters will automatically renew unless informed that the developer does not want them renewed.

Chuss made the motion that the Township notify developers that unless their letters of credit are renewed at least two weeks prior to expiration, the Township will draw on the letters to complete improvements.  Nicholas seconded.

In discussion, Howell asked about Strausser's letters of credit.  Kline said that he has one in January and two in March.  He said that he bank assured him that everything would be in place by the end of the year. 

Howell asked if there is an adequate tickler system in place and was told "yes."

The motion passed 5:0.

UNFINISHED BUSINESS

Suburban EMS Agreement (Erik Chuss, Supervisor) -  Kline explained that he met with Barry Albertson and Jeff Young from Suburban EMS (SEMS) and circulated a draft of the proposed agreement to the BoS and to the attorney for SEMS. 

The agreement includes some of the background of this EMS situation.  Kline recounted that on July 11, 2006, when Forks EMS (FEMS) abruptly ceased operation, SEMS agreed to pick up both ALS (advanced life support) and BLS (basic life support) coverage for Forks.

On August 28, 2006, after FEMS restructured, the Township gave it the opportunity to provide BLS service to Forks.  Suburban continued to provide ALS.

FEMS restarted and "things didn't go very well."  On July 17, 2008, the BoS adopted a change and made FEMS the only squad to go on BLS calls and SEMS the only one to go on ALS calls.  This change allowed SEMS to bill separately for its services. 

On October 16, 2008 the BoS appointed SEMS as the sole ALS and BLS provider.  Meanwhile an unknown number of residents sent subscription money to FEMS and not to SEMS, so they were then without coverage. 

Kline said that the BoS desires to recognize the services that SEMS has provided in difficult circumstances over the past 2-1/2 years and also to protect Forks residents who paid (FEMS) in good faith.  He said that the BoS "wishes to provide efficient and fiscally sound" EMS services to all Forks residents.

The terms stipulate that SEMS will honor all subscriptions from residents made to FEMS from the beginning of the current 2008-2009 subscription drive to the date of the agreement. 

The Township agrees to make a one time contribution of $17,322 to SEMS.  There will be no money set aside for EMS in 2009.  This money is in addition to the $2,678 approved by the BoS at its November 6th meeting.  There are no oral agreements and any changes must be agreed to by both the Township and SEMS.

Chuss made the motion to approve the contribution.  Egolf seconded. 

Howell asked how residents will know that they are covered - assuming the Township sends all the information it has on hand to SEMS on residents who paid FEMS?  Albertson said that SEMS gives a small card and can also provide a whole packet of information (to the people who have given Schnaedter their cancelled checks) to acknowledge that they are now covered by SEMS.

The vote to approve the donation was 5:0.

NEW BUSINESS

Contribution to Safe Harbor (Robert Egolf, Supervisor) - Egolf said that Tyson Sprandell of Safe Harbor spoke at the November 6th BoS meeting.  The Board learned that 11 Forks residents sought help from Safe Harbor last year.  Egolf said that at the Finance & Administration committee meeting the holiday party for employees and spouses was discussed and the thought was that it would be appropriate, because of "dire straights," to not have the party.  Instead some of the money could be used to make a one time contribution to Safe Harbor.  Egolf said that this is not to set a precedent.  He noted, too, that area food banks are empty.

Egolf said that he thought that it was very important and he read the second paragraph from a "very friendly" letter sent to employees by Schnaedter regarding the holiday party. In it Schnaedter acknowledges that the Township truly appreciates their "diligence, performance and dedication."  He said these qualities help to make the Township what it is. 

Egolf made a motion for a 2008 contribution at the amount that the Finance & Administration committee recommended, $2,000.  Howell seconded.

In discussion, Chuss, the first to speak, said that the initial intent of the cancelled holiday party was to relieve the tax burden on residents and "to take money from the Township and give it to a charitable organization - although Safe Harbor is a fine charitable organization - is an injustice to the employees and more so an injustice to the residents of the Township."  He added, "If we do this for Safe Harbor who's to say that the Salvation Army or the American Heart Association, Cancer Society, or whatever won't come next month?"  He said that he is opposed to the motion.

Egolf said that he understood what Chuss had to say but wanted to remind everyone that only ten minutes ago, the Board voted to give $17,000 to Suburban EMS without them even submitting a bill.  It was given in a "goodwill effort."  Egolf said, "$17,000 contrasted to $2,000 is hardly a significant amount."  He offered that this money has nothing to do with the 2009 budget and is money that is in the Township coffers right now.  Egolf said too, that if the Township is inundated with funding requests, it will deal with them then.  He pointed out that some of Forks citizens have used Safe Harbor. 

Nicholas asked that since the money is not in the budget, where will it come from?   Farley said that it usually comes from the BoS "discretionary fund."  Howell asked if that's what would have paid for the party and Farley said, "Yes." 

Howell said that he was embarrassed two years ago when the BoS stopped supporting non-profits that have served our community.  He noted that the Township used to support Forks EMS ($5,000 then $10, 000 and on), Safe Harbor ($5,000), the SPCA... "Now the Township has a contract with SPCA... and to say that we will ignore Safe Harbor but we will take care of the SPCA contractually, the other non-for-profit, and not Safe Harbor..."  Howell said that he's been coming to BoS meetings for five years and never seen any "national" non-profits there.  He noted that this is a local non-profit that provides a benefit to the Township.  He said that if the Supervisor don't give money to them tonight that that each write a check for $100 and give it to Safe Harbor or if going by in the summer time bring coffee and donuts and sit down and talk with the "folks" there.

Resident Larry Kitson also said that he understood what Chuss said about residents objecting to the donation but that there are residents of Forks who have lost their jobs and may need Safe Harbor.  He thought the donation a good idea.

Chuss replied that he knows people in dire straights right now.  He said that the tax increase is going to have a serious impact on them.  He also said that there are many other local charities.  He said that he talked to several people who are very angry and upset that the BoS is considering this (donation.)

Resident Thomas Humcheck (sic) asked if the contribution would be less than the cost of the party?  Egolf said that last year the party cost $2,500.  Mr. Humcheck (sic) said that if they are giving up something that the Township is willing to give up and shifting it to help people who need it, and spending even less is okay. 
 
Howell said that he spoke with some employees and they very pleased to to give this gift on behalf of the Supervisors and the employees of the Township.  He said it's a "token" and probably just a small amount of Safe Harbor's budget.  Howell added that municipalities are ignoring some moral obligations.  He added that it's "not going to break bank" and that limits have been placed on expenses. 

Chuss argued that if the money is not spent this year, it would be carried over to next year.  He said that anything that reduces expenses for next year, should be taken.

Nicholas commented that she was on the fence on this issue because in her five years on the BoS, the policy was not to give to charities because everyone would be "knocking on our doors."  She said that Mr. Kitson made a very good point, that there are a lot of people in Forks who may be losing their jobs and need to use Safe Harbor.  She said that she has been there with her son and the Scouts - they have help prepare food and serve it.  Nicholas added that she knows that it is a very good cause.  

Miller commented that the motion is just for this year and next year may be different.

The $2,000 one time donation to Safe Harbor was approved in a 4:1 vote.  Chuss cast the "nay" vote.

Update:  On December 13, the Express Times published an editorial on Lehigh Valley municipal contributions to area homeless shelters.  Turkeys were awarded to both Bethlehem Township and to Supervisor Chuss.

Executive Session - There was no executive session.

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BoS Meeting Notes - 11/20/2008

Regular Meeting (agenda)

Some of this night's meeting was once again devoted to discussion of the Forks EMS (FEMS) situation - whether FEMS will actually reimburse those residents who sent 2009 subscription dollars - in a timely fashion or whether it will be a very long, cold day... before FEMS sells its property and has the funds to make the promised restitution.   Please read Tony Nauroth (Express Times) for more on the complexities involved.    

Public Comments (non-agenda) -

• Resident Sandy Hanks asked if the Township is paid for advertisements on its Zucksville Road electronic sign board.  She was told that "happy birthdays" are paid for but notices about scheduled Community Center activities (like massage services - since rent is collected for use of the Community Center) are not.
• Bill Petterson, Director of Mad Science of the Lehigh Valley, complimented the Township for helping to make the summer Mad Science Camp a wonderful experience for all involved.  He said that he's done many workshops in a lot of townships and his observation is that Forks' Community Center is a true community center, existing for the community.  He especially thanked Don Miller, Rick Schnaedter, and the Community Center staff and said that "the kids had an absolutely wonderful time and learned a lot about science..."  Petterson said, "And who knows, maybe the next Einstein will come out of the Forks Township Mad Science Camp."  He also promised to do it again.
• Resident Mark Phillips told the BoS that it was his understanding that the Township has no ordinance about tractor trailers parked on residential streets.  Zoning Officer Tim Weis told him that there is an ordinance and trucks are prohibited in residential areas and that he should call the Township and ask for the zoning office and the problem will be taken care of.  Mr. Phillips said that he called the police and officer Dressler told him that there was no law against it.  Weis explained that it is in the zoning ordinance and that his office will address it.   Mr. Phillips asked what to do "after hours" and Weis said that he should call the police department and that they will take the information and he (Weis) will deal with it during business hours.  Chief Dorney said that he will follow up on making sure officers are informed. 

Supervisor Remarks - None

Treasurer's Report - Supervisor Egolf was out of town and Finance Manager Farley detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 4:0 vote.  The Township's current outstanding debt is $7,400,223.

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

• Public Safety - Supervisor Chuss - reported that the next meeting will be held on December 2nd at 5 PM in the Municipal Building.  There has been no meeting since the last BoS meeting.  Chuss said that the emergency service tower is being built and that the hope is that the concrete flooring will be done next week so that it can cure over the holiday.

As to the "EMS situation," Chuss said that the EMS board member he spoke with (who told him that subscriptions would not be refunded) "spoke out of turn."  Chuss said "it has come to light" (ref. Tony Nauroth - Express Times, 11/8/08) that FEMS will repay the subscriptions and said the BoS needs to "go back" and look at the motion made at the last BoS meeting.  He asked Kline how the BoS should address it.

Kline said that the BoS operated with the information it had at the time - that Chuss reported that FEMS was not going to return subscription monies to residents - and acted on a motion to provide protection to Forks citizens who paid FEMS and not Suburban EMS (SEMS).  Kline said that since the original information now appears to have been in error, it is appropriate that the Supervisors take a step back and re-look at the situation.  He thought it a good idea that Public Safety take it up and make a recommendation to the BoS at the next meeting.  Kline also said that it would be appropriate for the BoS to consider revoking the motion to reimburse (via subscriptions to SEMS) residents for their FEMS subscriptions. 

Chuss made that motion and Miller seconded. 

In discussion of the motion, Howell said that he would rather wait and hear from the Public Safety Committee and that he would like to have had it as an agenda item or to have had some prior notice.  He said that it does no harm to continue receiving information from the public as to subscriptions paid to FEMS.  The BoS can act upon the information (or not) after the Public Safety review. 

Chuss said that in fact, he thought this (decision to revoke) was what came out of the meeting with SEMS on Tuesday.  Howell said that he was at that meeting and that is not what came out of it.  Kline said that he, too, was there and that it was his understanding that this issue was to be taken back to the Public Safety Committee with a recommendation.

Kline offered that there is no alternative motion being put forward tonight.  He added that right now, with the resolution from the last meeting, SEMS can anticipate receiving subscription money from the Township.

Howell asked if anyone believes that FEMS will pay these (subscription refunds) with available cash?  He said that FEMS' offer, "although well intended can't be well effectuated" and that he doesn't think that FEMS has the wherewithal to pay back the 120 to 150 subscription checks at this time.  Howell said that taking the offer off the table now, would put the BoS back where they were before.

Nicholas asked Kline for clarification and asked if SEMS was assuming that Forks would pay for subscriptions?  Kline said that right now, SEMS is assuming that the Township will pay for subscriptions whether or not the citizens get their money back.  The BoS must decide if it is going to rescind the resolution now or wait to make a decision until after the Public Safety meeting.

Howell said that he remembers the BoS saw a need to reimburse Forks citizens who paid FEMS - with a "credit."  He said that if they "believe in their heart" that FEMS will repay residents...  He said he doesn't see that happening and he would rather have the solution with SEMS that takes care of the entire arrangement.  He thought that the offer should be left open for the "integrity of the offer."

Resident Jim Wideman said that is was his understanding that if a resident paid (FEMS) before October 16th that the Township would pay SEMS for that resident's subscription.  He said that it didn't make the Township liable for any services and said that he thought it was a great offer by the Township for those caught in the middle.  Mr. Wideman said that he sees no reason to rescind that offer. 

Resident Sandy Hanks said that she agreed with Howell and thought it premature knowing FEMS' history.  She said that it was in the newspaper and people know to bring their cancelled checks to get a SEMS subscription.

Resident Dick Wambold said that it sounds like FEMS "has perpetrated a theft of services and that something should be done to them if the money is not paid back to Suburban."  Howell offered that the money was probably used for general expenses, a legitimate use of subscription monies.

The motion to rescind the reimbursement credit (from the October 16 meeting) and refer the matter to Public Safety to report back with a recommendation at the first BoS meeting in December was discussed further.  Nicholas said that she would like a (Public Safety) report before the (BoS) meeting.  Chuss said that the Public Safety meeting is after the (Supervisors') packets go out.  Howell suggested a fast email. 

Chuss offered that he would hate to see people going through the hassle of getting cancelled checks and that FEMS has gone on "very, very public record" about their intent to refund subscriptions.  He felt that the resolution should be rescinded as it can put back on the table in a month or the BoS can "start from scratch." 

Howell said that there is no money and that the refunds are not going to paid any time soon.  He referred to a  Morning Call article reporting that refunds (ref. Christopher Baxter, 11/11/08) will be paid only after the building is sold.  Howell said it is rather callous to walk away from the problem. 

The vote to revoke was defeated in a 1:3 vote.  Chuss was the only "yes."  This issue will be on the next BoS agenda.

• Public Works - Supervisor Miller - reported that public works is in the ongoing process of "putting up the park system" for the winter.  He said too, that the new "gym 1" HVAC installation should be completed tomorrow and that it did miss the summer cooling season.  Also, the Community Center is in the process of scheduling winter programs.  There will be 360 basketball games in the Community Center.  Forks has 30 teams.
• Parks & Recreation - Supervisor Howell - no report. 
• Community Relations - Supervisor Nicholas - reported that Supervisors have received copies of the next Forks Quarterly.  She asks that they get back to Schnaedter by noon on Monday with any recommended changes.
• Finance and Administration - Supervisor Egolf - absent and the budget continues to be the focus.

Township Manager's Report - Schnaedter announced that the Kiwanis annual tree lighting at the Municipal Building is set for December 7th at 7 PM.  Attendees are asked to bring non-perishable goods to be given to local food banks as the Kiwanis hope to have a substantial donation.  The Township staff is also collecting food and there will be collection baskets throughout the municipal complex. 

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - said that he reported at the last meeting that the Zoning Hearing Board (ZHB) rejected the challenge to the validity of the Forks Zoning Ordinance.  In another suit, KMRD's procedural challenge to all zoning ordinances back to 1983, the ZHB ruled that the 2006 Zoning Ordinance is valid and therefore there is no need to look back further. 

KMRD, however, likes the 1983 ordinance and would prefer to operate under it. To that end, KMRD has filed an appeal to the ZHB procedural challenge decision.  It is currently in the Court of Common Pleas of Northampton County before Judge Emil Giordano. 

And, while this appeal was pending, KMRD filed a separate motion before the judge to "present additional evidence" about the other, older ordinances they were challenging and asked that the case be sent back to the ZHB.  Judge Giordano rejected that motion.

The ultimate issue, the validity of the procedures involved in enacting the 2006 zoning ordinance, has not yet been decided by the court.  If Judge Giordano agrees with the ZHB, that the 2006 procedures were valid, Kline feels that he will not require analysis of any of the prior zoning ordinances.  Kline said, "That's where it stands.  One more step along the way.  One more victory for the Township.  One more defeat for the developers." 

Kline added that there is a provision in the Municipal Planning Code (MPC) that appellants can petition the court to order that there be additional evidence.  However, he didn't think there could be a separate appeal on it.

Executive Session - There was a short mid-meeting executive session on a matter of potential litigation and on a personnel issue.  No action was taken during or after the session.

UNFINISHED BUSINESS

Ordinance #310 Adoption - Adamson Street Common Use Line (Karl Kline, Solicitor) - Kline explained that although all Easton Area Joint Sewer Authority (EAJSA) member municipalities thought the short Adamson Street line in West Easton was included as part of the common use sewer line, it was never officially part of the 1976 inter-municipal agreement.  All members must adopt this ordinance amendment to get it included.  Forks' representative to the EAJSA, Henning Holmgaard, recommends approval.  Kline said that the amendment was properly advertised and is ready for BoS approval.  The Supervisors agreed and adopted the ordinance in a 4:0 vote.

Proposed 2009 Township Budget - (Jim Farley, Finance Director) - Farley began with an overview of the budget process.  He said that they began working on the budget in early October and that there were five work sessions with the BoS and with department heads. 

There are challenges to the 2009 budget because the "bottom has fallen out" in housing starts and reality transfers as well as the reciprocal revenues, such as permits.  The net impact is that $400,000 of revenue is literally removed from the budget.  The Township must still deal with the price of fuel and with staff contractual obligations.

In the final work session, there was a proposal for the net reduction of $49,000 in general expenses across the board in all departments.  The capital requests for next year are frozen.  They will appear on the budget line as items but will not be released until at least mid-year after it has been determined that the revenue stream can support them.  That frozen amount is $345,000 in proposed capital purchases.  Even that amount still results in a shortfall for the needed 2010 carryover amount.  Therefore, a tax rate adjustment of 1/2 mil for 2009 is necessary.  This 1/2 mil increase is approximately equal to $39 per household. 

Forks is not alone as other municipalities are facing the same problem.  For the last 1-1/2 years, the Township has been looking for opportunities to renegotiate vendor contracts.  Farley said that he hopes that next year is decent and that reserves can be built up again. 

Farley said that this tentative, rough final draft of the budget can be approved or disapproved.  It must be on public view for 20 days and final approval can be at the December 18th BoS meeting or, if necessary, at a special meeting at the end of the year.

Nicholas asked if even with the 1/2 mil increase, the Township would still be short for the 2010 carryover?  Farley explained that it would be "little" short if the capital items are purchased.  Of course, if any capital items are to be purchased the priority will be decided by the BoS.

Howell asked when the real estate tax monies come in and Farley said that the majority are in by the end of May.

Farley said that the real estate transfer revenue is a big problem but if it rebounds a bit the Township will be in a better cash position and it will help to build back a significant reserve.

Howell asked if the budget had been adjusted for the drop in the price of gas and oil.  Farley said that it has not.  He used October rates.  Howell thought there might be an area of savings there.

Nicholas asked about the $218,000 surplus.  Farley said that if the capital items are not purchased, the surplus will be $500,000.

Planner Dean Turner asked if the budget will be on the website.  He was told yes and that it will be at the Municipal Building counter tomorrow.  The legal advertisement should be in the newspaper over the weekend.

The 2009 tentative budget with its included 1/2 mil increase was adopted with a 4:0 vote.

NEW BUSINESS

Fancy Furrow Farms Preliminary / Final Minor Subdivision Plan (Tim Weis, Zoning Officer) - Engineer Fred Hay referred to Keystone's letter of 10/3/08.  He explained that this plan is taking one tract of land and creating a three lot subdivision.  On lots one and two are two residences and a business.  He recommended approval with the conditions specified by the Planning Commission (PC).

Howell said that it appears the PC is asking for a 40 ft. right-of-way from the center of the road and going around two of the buildings (so that the buildings will not be in the right-of-way).  And, that the applicant (former Supervisor John Ackerman) did not feel it necessary to dedicate a right-of-way. 

Hay said that the PC recommends that the BoS reject the plan if the right-of-way is not dedicated.

Attorney Joel Scheer, representing Fancy Furrow Farms, pointed out that there are no proposals for changes in use or intensity.  The purpose is to separate the lots so that John Ackerman's brother's lot is broken off from the tract.  Scheer said that because Uhler Road is a State road and because Fort James III is under development, PennDOT has "fully vetted" Uhler Road.

Scheer said that based on previous court rulings, a subdivision cannot be rejected based on the refusal to grant a right-of-way.  Setbacks can be required but not rights-of-way. Scheer said that the courts say that if you insist on someone's land, you have to pay for it. 

Kline said that that the MPC specifies in Section 503, that "a subdivision or land development shall conform to the Comprehensive Plan..."  The SALDO (Subdivision and Land Development Ordinance) looks at various streets and indicates certain rights-of-way for those streets.  In the case of Uhler Road, the right-of-way is 40 feet from the center of the road.  Kline advised that Keystone did not just make it up on an "ad hoc basis."

A long discussion ensued about traffic, the Fort James III development, road improvements, and PennDOT's unwillingness to have money to acquire land for road widening while still demanding same - forcing townships to pay for it.  A potential problem is, that in the future, Braden Boulevard may extend north and take a left over to Church Lane.  Another issue is future development to the north.

There was also discussion of the improvements made by JG Petrucci for the Fort James III industrial park.  They include extending the sewer line across the road to the Ackerman rental building on lot 2 (the old dairy store now occupied by a tenant - who, the PC was told, may want to purchase the building) and grass planting and railroad tie curbing.

Hay offered that a road is never paved to the edge of a right-of-way - usually only up to 10 feet of it.  An acceptable compromise was achieved with the word "covenant" - it will run with the land and be noted on the plan along with a 40 foot right-of-way that jogs appropriately around existing buildings and that covenant will apply to all three of the lots.  It will used if any of the lots are developed - in the future.

As to the on-lot septic, the BoS was informed that the developer has agreed to hook up the two buildings on lot 2 because the septic system will be only inches from the road. 

The BoS voted 4:0 to grant conditional approval, subject to Keystone's letter of 10/3/08 (less comments #3 and #4), of the Fancy Furrow minor subdivision with the covenant that the Township has the right to acquire the 40 foot (from the road center) right-of-way (with the jogs around the buildings).  The covenant shall be subject to the approval of the Township Solicitor. 

Sullivan Trail Business Park, Lot 5B Daycare Center – developer’s agreement (Karl Kline, Solicitor) - Kline recounted the approval of the splitting of lot 5 into two lots, lot 5A and lot 5B (ref. the April 3rd BoS meeting notes).  The day care center developer requires an indemnification agreement so that dirt can be moved.  There is no letter of credit yet so no building permit can be issued.  The certificate of insurance, the escrow account money, and the indemnification agreement "signed by our good friend Mr. Goffredo" have been received.  The vote was 4:0 to accept the developer's agreement.  

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

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

EMS - the answer to your ultimate question

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

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

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

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

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

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

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

Confused about EMS in Forks?

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

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

BoS Meeting Notes - 9/4/2008

Regular Meeting (agenda)

This night's meeting was filled with a variety of topics - from Forks EMS, the Forks Elementary School's new playground equipment, to Crayola's solar park.  For more on the EMS discussion please read Tony Nauroth (Express Times) and Tom De Martini (Morning Call) and, this editorial from Sunday's Express Times.

For more on the Crayola solar project see Tony Nauroth's Express Times article.

The minutes from the August 21st meeting were not approved.  Approval was tabled in a 4:0 vote (Nicholas abstained because she was not at the August 21st meeting) following a motion to table by Egolf who said that the minutes were "not complete."  The recording secretary was not present at the August 21st meeting and minutes were written from the meeting recording.  Each Supervisor is to email comments/corrections to Schnaedter. 

Public Comments (non-agenda)

• Michael Goffredo - Sullivan Trail Business Park - was asked by Supervisor Howell to hold his comments until the Solicitor's Report.
• Rob Leiser - Leiser's Rental Barn on Sullivan Trail - discussed the traffic light at Meco and Sullivan Trail.  He began by stating (of the BoS) that the "faces have changed but the anti-business rhetoric remains the same."  He said that the project has been going on for three years and that only now is he being consulted regarding the entrance to his business.  He said that (Township Engineer) Hay brought him a release to sign and if he had signed it, his Sullivan Trail entrance would be closed and the BoS would dictate that the new entrance be from Meco Road behind his barn and against a residential line.  To put it there, he said, would require removing "a storage building, nine mature trees, a 100 year old stone corral, and adding almost 6000 feet of pavement..."  In addition Mr. Leiser said that it would damage his business.  He offered that the new entrance should be right behind his building. 

Mr. Leiser said that the light is needed and that it is an important, and relatively safe, intersection - although "sooner or later, somebody's going to be killed there."  He is the "first responder." 

He said that the reason his signature is needed to move the project forward is "to protect guys like me, from guys like you."  He concluded by stating the plan is not good for him and that as far as he is concerned, the project is dead.  He said that he is not "signing off."

• Sandy Hanks - resident - asked if there is a Township ordinance regarding the placement of realtors' signs on corners.  Ms. Hanks said that they are often within the sight triangle.  Chief Dorney said that he would look into it.  Also, Ms. Hanks said that parents dropping their children off at school bus stops park right on the corners.  In particular, it's a problem at Meadow Lane and Ramblewood, and at Meadow Lane and Treeline.  Chief Dorney said that the Police Department (PD) has already spoken to parents at those bus stops and has also referred the problem to the school district.  The department will follow up on it.

Supervisor Remarks: Howell asked that Township Engineer Fred Hay address Mr. Leiser's remarks in his Engineer's Report.  Howell added that both the Meco light and his business are very important to the community.

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 $7,804,374.

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

• Public Safety - Supervisor Chuss - reported that the committee met on Tuesday and:
  • The PD accreditation effort is underway and is ahead of schedule.
  • The PD has ordered additional anti-speeding signs.  Chief Dorney said that the additional are replacements and some will go to people with pending applications (for signs).  Residents who want a sign should contact the PD.
  • The emergency services tower foundation design is expected Monday and will go out for bids.  The building has been delivered and is on site.
  • Suburban EMS (SEMS) was represented at the meeting.  (Aside:  SEMS sent a truck to New Orleans to help with hurricane Gustav.)  Forks EMS (FEMS) was not at the meeting.
    • SEMS has not received payment from FEMS.
    • Forks has not received payment of outstanding taxes from FEMS.
    • The letter sent by FEMS to the Township and dated September 2nd did not include the requested financial statements nor a new business plan.  Instead it stated that the April 2007 business plan is still in effect.  The letter also blamed the Board of Supervisors for FEMS current situation. 
      • Howell said that in reading the letter, he sees that FEMS has closed the door on the subject of financial reports.  He said that FEMS financial condition is not in any way due to the Board of Supervisors.  As of May 31, 2008, FEMS had current liabilities of $183,000 and long term debt of $274,000 - for a total of $457,000.  Howell said that the $20,000 (budgeted in 2007), if it is ever distributed, will be used to pay the $14,000 still owed by FEMS to SEMS and that he was very disappointed with this letter. 
      • Chuss added that there has been no communication with FEMS, aside from a brief meeting between the Township Manager and William Keifer (President of FEMS) regarding the debt or  billing arrangements.  Chuss was concerned enough to ask Solicitor Kline to look into any PA ordinance requiring communication between medical services and municipalities and if there is one, FEMS may not be in compliance.  "They have isolated themselves and there's no room for discussion whatsoever."
• Public Works - Supervisor Miller - noted that the committee had had not met since the last BoS meeting.  The next meeting is scheduled for Tuesday, September 9th at 7:30 AM.
• Parks & Recreation - Supervisor Howell - reported that the committee met last week.  The replacement carousel and outdoor fitness equipment decisions should come from the Recreation Board within the next week and then orders will be placed.  Purchases of both items were already approved by the BoS. 

In regard to the "neighborhood parks," Howell said that the committee is still gathering information as to the placement of the Penn's Ridge basketball court and exploring the cost of the Township installing it versus having an outside contractor do it.  The playground equipment selection (for future approval) for the parks will be done shortly.  Miller is working on the placement of the restrooms at Braden and Meco/Lafayette parks - the type and quality will be considered by the BoS before funds are appropriated.

Barry Albertson of Suburban EMS (SEMS) asked for a list of Township residents' addresses so that subscription letters can be mailed within the next month or two.  A SEMS ALS (advanced life support) subscription will be $47.  Albertson said that the SEMS subscription will cover BLS (basic life support) calls if Forks EMS' (FEMS) truck is busy.  Residents (with SEMS subscriptions) will not be charged extra for SEMS provided BLS services.  Howell said that SEMS will be given the same mailing data that FEMS gets and that Albertson should let Schnaedter know the preferred format. 

Howell thanked Albertson and SEMS on behalf of the BoS for sending a truck to help with hurricane relief efforts.  The SEMS truck is coming back on September 10th. 

Chuss asked about the status of the Recreation Board's five year plan.  Howell said that he noticed that the EASD Business Manager - who is on the Recreation Board's five year plan committee - Jeff Bader (Express Times), has accepted a new position in Harrisburg.  Howell said he's spoken with Carl Scerbo, Recreation Board chairman, and asked for the plan within the next two weeks.  He said that if the five year plan is further delayed, the "Rec Committee, the Township Manager, and Director of Parks and Recreation" will do it.

Chuss said that he is "very concerned" about spending significant recreation funds (on tot lots - neighborhood parks) without an overall plan in place.  He said that that would not be "fiscally responsible."  Howell reminded him that the Recreation Board approved the parks plans and that the parks will not only be part of the five year plan but part of the Comprehensive Plan.

• Community Relations - Supervisor Nicholas - reported that the committee will meet on Monday (September 8th) at 6 PM.  She said too, that the fall edition of the Forks Quarterly should arrive in mailboxes shortly.  Since it is late again, a new vendor for next year will be a topic of discussion at the meeting.  Nicholas reminded everyone that Forks Days are September 20th and 21st and "it should be fun."   
• Finance and Administration - Supervisor Egolf - said that the committee will meet on Wednesday, September 10th at 5 PM.  They will begin work on preparing the 2009 budget. 

Chuss announced that on Sunday, weather permitting, the EAA is having its annual fly-in at Braden Air Park.  The Kiwanis will have its breakfast fundraiser (at the airport) from 7:30-11 AM.  Visitors are to use the the Uhler Road (back) entrance for parking.  Nicholas asked that the Kiwanis breakfast be added to the Township website.

Township Manager's Report - Schnaedter said that his report was in the Supervisors packets.  He had nothing to add to what they were given.  Howell asked about the meeting with Keifer and whether Keifer indicated that he would be providing any documents.  Schnaedter said that he met with him before the September 2nd deadline and that Keifer said that he would have a response to the Board's request. 

Engineer's Report - Hay - said that the form that Mr. Leiser was asked to sign was an indemnification agreement for PennDOT and that he would not be signing away any rights.  It is to release PennDOT from liability.  Hay went on to say that PennDOT can not make one vacate a driveway. 

Howell told Mr. Leiser that there has never been any action by the Board (or any executive session discussion) to close his driveway.  Mr. Leiser said that the plans he has from PennDOT show his current Sullivan Trail entrance closed.  He added that PennDOT told him that it does not want to go ahead with the (Meco intersection light) project unless his Sullivan Trail entrance is closed and he will not sign off on the project if they move his driveway.  Hay said that the traffic signal plan shows the Sullivan Trail driveway as open. 

Howell said that he is "rather shocked" and asked what the Township can do?  He told Mr. Leiser that it is not the intent of the Board to deny his Sullivan Trail driveway.  It was decided that Hay would bring the plans to the Municipal Building and call Mr. Leiser to view them.    Howell said that he would like to be there.  Mr. Leiser noted that it must be clear to him "and right now it is not very clear."  Howell said that other than the maps and the Board's intention, he doesn't know what other assurances the Board can give.  Howell added that it is a very important project. 

Mr. Leiser said that his contact at PennDOT does not return phone calls or answer his emails.  He thinks that she has "just soured of the whole project herself."  He said that she said his driveway has to be moved and that she agrees (with him) that it would be better located behind his building.  Mr. Leiser added that that is not something the Township would allow. 

As to the emergency services tower foundation, Mr. Hay said that the designs are due Monday and that bid packages will be sent out but the bids will not be back in two weeks.  Hay expects them to be between $10,000 - $15,000.  In the interest of time, he asked the Board to award the bid administratively, that is to let him pick the lowest bidder (who fits the parameters of the bid package) and give them the contract.  This will save at least a week.  The BoS voted 5:0 to do that providing Solicitor Kline reviews the bid bond and says that everything is in order.  The BoS will ratify the bid award at its October 2nd meeting.  Nicholas asked that the bid be emailed to her.  It will be sent via email to the entire Board.  

Solicitor's Report - Kline - reported on the progress of Sullivan Trail Business Park and the municipal improvements.  He reminded the Board that on July 17th, a resolution was adopted giving the developer (Michael Goffredo) until Labor Day to complete the punch list of municipal site improvements.  Among other things, the list includes televising the sanitary sewer, stormwater work, paving Braden Boulevard (to Merchants National Bank), and repairs to the two driveway crossings at Scott's Collision Center.  There was no work done on the site between July 17th and August 24th.

Kline said that on August 25th Lehigh Valley Site Contractors was mobilized and the detention pond work was completed satisfactorily on September 2nd, the day after Labor Day.  Hay was informed that the contractor was then pulled off the job.  No other work was completed. 

Nicholas Noel, attorney for Goffredo, called Kline this afternoon and told him that Pan Contracting (of Forks) will begin work on at least some of the remaining punch list items, but because of their "busy construction schedule" cannot start until September 9th.  Kline said he told Noel what his recommendation to the Board would be.

Kline (and Hay) recommended to the Board that bid specs be prepared and legal notices be drawn up with the "intent to move forward with the awarding of bids" - to get the work completed this year.  Kline added that if Goffredo completes the work, then "fine so much the better.  The Township is getting what it really wanted in the first place."

Michael Goffredo took exception to Kline's description of the events.  He said that Kline's "characterization was far from accurate."  Goffredo said that the punch list is complete with the exception of Braden paving, the re-paving of two driveways, and some minor patch up work, including the alignment of one six foot section of curbing.  He said that he has photos of every punch list item that is completed - but did not have them with him.

Of the detention basin, Goffredo said that the contractor came back to "modify" it - only after extensive negotiations.  Of the paving, Goffredo said that the price of asphalt was at an all time high in July and August 2008 and that paving would have cost only $22,000 in 2006 when he wanted to do it - but was prevented by the Township.  He added that the figure is "in the record... or will be it it need to."

Goffredo said that he wanted again to pave in September 2007 and was again told no because of the imminent Weis Market construction and expected damage to the roadway.  Goffredo said that if the road was paved and the paving was damaged by Weis or Warren Hospital construction, that it would be Weis' and/or Warren Hospital's responsibility to repair the road. 

Goffredo gave copies of the 2002 developers agreement to both Howell and Kline and asked if there was anything in the document that gave the Township the right to control when he could and could not pave?  Instead, he said, the Board chose to say he was in default.  He added that the bottom line is that he was never allowed to complete the work.  He said that he is going to get the paving done and it should be completed next week or at least before the Township can get bid packages prepared, advertised, bids received, and contracts awarded.  It only took two men 1-1/2 days (12 hours) to complete the punch list work that was done.  "It was so minor," Goffredo said.

Kline said that he didn't want "to fan the flames" but the project was started in 2002.  He doesn't know what happened in 2003, 2004, 2005, 2006, 2007, or 2008 - except a lot of meetings to try to get the developer to complete the municipal improvements.  The detention pond improvements were done in a week.  Putting the wearing course on the roads in the entire development, makes no sense since Weis Market, the daycare center, and the office building are yet to be built.  Merchants National Bank however, is open and cars are hitting the raised manhole covers.  Kline added that if Goffredo wants to put the wearing course on all the roads, the Township will not stop it.  There is an 18 month maintenance agreement during which the developer is responsible for repairs. 

Nicholas motioned to proceed with the preparation of bid specs for the open punch list items.  The vote was unanimous. 

Chuss asked about the status of Weis Market and Kline said that Weis is moving forward with getting approvals from outside agencies - PennDOT for the intersection improvements and rights of way from the airport, Wachovia and possibly the owner of the lot on the northeast corner.

UNFINISHED BUSINESS

Forks Elementary PTA - Playground Structure (Linda Hill) - Ms. Hill, representing the Forks Elementary School PTA, said that she spearheaded the large community wide program to underwrite the new playground equipment for Forks.  She thanked both the Township for its $10,000 donation and the Forks Athletic Association for its donation.

Ms. Hill said that the old equipment was 20 years old and made of CCA (Chromated Copper Arsenate) treated wood and that the "good news" is that the school nurse no longer has to pull out kids' splinters.  The EASD graded the site and removed the old equipment.  The supplier sent two crews of 12 people and put up the new equipment in two days. 

Before selecting the play equipment for phase 2, teachers will be asked what the kids like best - what they stand in line to use.  The playground committee will then decide whether to add duplicates of the more popular equipment to the phase 2 purchase.  Fundraising efforts are ongoing for phase 2.

The playground dedication ceremony is planned for September 29th at 6 PM and Ms. Hill extended an invitation to the Board from the playground committee to be honored guests at the ceremony. 

Throughout, Ms Hill showed photographs of the old and the new.  Howell expressed his thanks to Ms. Hill and asked when the general public can use the playground.  Ms. Hill said that the playground is open to the public any time that school is not in session (4 PM until dark), including weekends and holidays.

NEW BUSINESS

Compensation for Real Estate Tax Collector for the year 2010 (Rick Schnaedter, Township Manager) - Ms. Vale asked the BoS to raise the rate of compensation for the elected Forks Township Tax Collector to between $35,000 and $45,000 beginning in 2010.  Her term expires at the end of 2009 and the rates can only be changed effective the next four year term.  She presented earnings data of elected tax collectors in neighboring communities and listed some of the duties performed in addition to the collection of real estate taxes.  Her research shows that the Palmer collector earns $89,302 (from both RE and LST collections), the Bushkill collector is paid $26,000, and the East Allen collector gets $17,700.  In contrast, she is paid $15,000 by Forks Township.  Ms. Vail said that she mailed approximately 7,000 bills and collected in excess of $2,000,000.  Miller asked if that was her total compensation and she replied that she also earned $9,000 for the preparation of "certs" and that money is not paid by the Township but by the companies requesting the certs.  No action was taken by the Board. 

2009 Minimum Municipal Obligation (MMO) for Forks Township Pension Plan (Jim Farley, Finance Manager) - Farley said that the Township must submit its municipal obligation for pensions to the State at this time every year and that the forms listing salaries and wages (estimated to year end) must be submitted by the end of the month.  The State calculations are completed and total $267,028.  Farley offered that a considerable portion is refunded by the State.  Howell asked what might lower the amount owed and Farley replied that changes in staff do that.  The BoS must acknowledge and approve the figures before submission.  The motion to move forward was made by Nicholas, seconded by Miller, and approved unanimously.

Approval of the 2009 Budget Calendar (Jim Farley, Finance Manager) - Farley explained that he prepared a budget calendar similar to the ones used in previous years and that although it is tentative, he believes it gives enough time to prepare a "good, healthy budget."  Several of the meetings will be held at 6:30 PM prior to BoS meetings.  The calendar was approved with a unanimous vote.

Request to re-bid/CCTV Municipal Complex CCTV System (Rick Schnaedter, Township Manager) - Schnaedter explained that the single bid received (from Scott Communications) was incomplete.  It was missing a bid bond, a reference list, and was more than anticipated.  Schnaedter said that this time potential bidders will be invited to a pre-bid meeting.  Kline said that the BoS must formally reject the bid (from Scott Communications) and notify the bidder.  The vote to re-bid and notify the existing bidder was 5:0.  Schnaedter said that it will be advertised in the papers and posted on the Township website.

Crayola Land Development/Fotowatio USA, Inc/Preliminary/Final Approval Request (Keystone Consulting Engineer) - Fotowatio's representatives gave a similar presentation to the BoS that they gave to the Planning Commission (PC) on August 14th.  (See the FAC Blog post.) 

The BoS was told that Fotowatio is now in the USA and it is here because it is a promising place to be... "and it is exciting."

The Crayola 3 megawatt photo volcanic array will cover 15 acres of a 127 acre parcel.  It works year round but if the snow is deep, the panels must be brushed off.  The panels will be angled to catch southern light.  They are not visually imposing and do not reflect light (they absorb it.)  There are no moving parts.  Each panel can be monitored remotely.  The panels just sit there and quietly generate power when the sun is shining.  There will be a 40 ft x 70 ft control pad where the inverters convert DC current to AC. 

MetEd is said to be excited because of the load that will be pulled off the grid.  The BoS was told that it was a "win-win" because solar power helps the Commonwealth, the USA, and Forks Township move towards the future.

Maintenance of the system is minimal.  The system is guaranteed for 25 years.

The entrance will be through the Crayola property (behind the plant).  No land will be disturbed except for the access road and the 12" diameter by 48" deep holes that will be dug for the poles.  There will be a 6-7 foot high fence around the solar array.  A single trench will be dug for the underground wires that will connect the (interconnected above ground) array with the control panel.  Grass will be planted under the panels.  There will be one (emergency only) light on the equipment pad with lockbox access.  The buffer and setbacks are planned at 50 feet.  The buffer will be flat and not raised.  There is a double tree row between the site and Kesslersville Road.

Nicholas recalled that in 2001 (when Binney & Smith expanded) that there was a stipulation that a section of this parcel not be developed.  Kline clarified that Binney & Smith requested, about the time the new zoning was being adopted in 2001, that a part of the farm property they were purchasing be designated EC (Employment Center).  Kline said that the 128 acre parcel is in fact in two zoning districts, the FP (Farmland Protection) and the EC and that the F-1 use (Utility Operating Facility) is permitted in all districts.  The solar array will be on the EC part of the parcel. 

Nicholas questioned the depth of the setbacks.  She thought 100 feet was required and not 50. 

Nicholas asked the Fotowatio representatives why the "emergency" and was told that solar is not doable without help from the government and the Federal energy tax credit program is expiring at the end of December.  Without the Federal energy tax incentives there will be no project. 

Nicholas said that she just saw the drawings tonight and that SALDO is important and the requested waivers should be considered independently.  She was told that the PC considered the waivers separately and granted all of them.  Hay said that this project is the opposite of intensive development and that a lot of things do not apply.  He added that he looks for impact on neighbors and this project is "about as clean and quiet as you can get."

Kline said that the neighbors who were at the PC meeting were very supportive and that they said that the only thing quieter would be a cemetery. 

Resident and property neighbor, Rachel Hoagland asked that the Board be certain about the setback requirements and confirm them.  She thought that they were 100 feet.  It will be followed up according to a project representative.

The vote was 5:0 to approve the final plan. 

Executive Session - An executive session was requested by Chuss to discuss a legal question and by Nicholas for a personnel issue.  The session lasted over an hour.  No action was taken during or after the session. 

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

BoS Meeting Notes - 8/21/08

Regular Meeting (agenda)

This night's business portion of the Board of Supervisors meeting, although it had no "new" or "old" business on the agenda, did last for 1-1/4 hours.  The main topic was, once again, Forks EMS.  Please read Douglas Brill (Express Times) for more on the EMS discussion. 

Public Comments (non-agenda) - Harry and Sue Bennett, co-chairs of the Forks Community Days festivities, extended invitations to "everyone" to attend this year's Forks Community Days.  It is set for September 20th and 21st in the Forks Community Park.  The Bennetts said that they especially hope that the Supervisors will attend.  This year's features include:

• Fifty vendors
• Two horses - for petting
• Tethered balloon rides (weather permitting)
• Classic cars
• Battle of the Bands
• Fireworks
• A dump tank (by the Forks Athletic Association)
• A train layout in the Community Center atrium
• Log cabin tours, demonstrations of antique equipment, quilting, and woodworking (by the Forks Historical Society)
• Hay rides (by Pitchfork Nursery)
• Landscaping exhibits
• Food vendors including three new ones - Fat Daddy's, Ms Steaks, and Big Woody's

Supervisor Howell expressed his thanks and appreciation to the Bennetts who, he said, "have worked their hearts out."  He said that he hoped they have enough energy to do this again next year. 

The Bennetts said that they enjoy doing it and although they do not have a lot of volunteers, their small core uses a team approach.  Harry Bennett lauded the help of the Supervisors and was effusive in his praise for DPW Director Mark Roberts and his ability to get things done.  He said that they start work in February and finish in September and "the two days of the show are what I get my happiness out of... I see the young children and their parents and the smiles on their faces... and the elderly people, they have smiles.  That's what it's all about."  Sue Bennett said that a friend of hers who volunteers at the State Theater told her that children there were asked what the best part of their summer was and one child said, "My days at Forks Community festival."

DPW Director Mark Roberts and Township Manager Rick Schnaedter will continue to provide assistance.  The event will be advertised on the Township website and in news releases to the Morning Call and the Express Times.

Supervisor Remarks: None

Treasurer's Report -  Egolf detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 4:0 vote (Supervisor Nicholas was absent).  The Township's current outstanding debt is $7,820,936.

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

• Public Safety - Supervisor Chuss - reported:
  • The emergency services tower project is waiting for final approval of the foundation plans.  When they are approved, bids will be sought. 
  • The agreement between the Fire Company and the Township has been signed and Chief Bryan Weis presented the Township with a check for $25,000.  Chuss noted that the check is a major milestone in the efforts to build the tower.  He added that he appreciated the work of Chief Weis and Kline and everyone else involved in the agreement.
  • Regarding the Express Times article about the passing of a Forks resident and the quoted Forks EMS (FEMS)comments, Chuss said that it was an "inappropriate and irresponsible piece of journalism."  Chuss said that he got a call a little after noon on Friday and that the incident happened on Wednesday.  He spoke with both Police Chief Dorney and Barry Albertson of Suburban EMS (SEMS) and believed it to be a non-issue as the response was handled well within established guidelines.  He said,too, that he spoke with a representative of the deceased's family who appreciated learning "the facts of the case" although he was still upset that it was published in the newspaper.
  • Regarding other EMS issues in particular the a letter of clarification regarding ALS (advanced life support) and BLS (basic life support) and the upcoming subscription drives, SEMS has its information together but  the FEMS drive is on hold. 
  • Albertson gave an update on the outstanding FEMS debt and said that the second agreement for payments has not been met - SEMS has received no payment.  The total now owed is $14,362.50 (this figure includes the old monies owed to Medic9, now a part of SEMS).  Albertson said that SEMS financial director has tried to contact FEMS but has had no response.  The SEMS board of directors met last night because of the newspaper article.  Albertson said that Chuss called him and he told Chuss that there had been an ALS call in Forks three minutes before the call described in the paper.  The Tatamy truck responded to the first call and the Palmer truck was on its way to Forks when the second call came.  He said that on issues like this, either SEMS or the EMS Council should have been called to look into it.  The EMS Council would have done it quickly and it never would have made the newspaper.

Chuss said that the newspaper misreported and took things out of context.  The call came in at 7:28 AM and 28 minutes later, at 7:56 AM the patient was at the ER.  The Forks PD arrived at the home first and began administering CPR - one minute before the SEMS unit arrived.  The patient was treated, loaded, and taken to the hospital in 28 minutes. 

Howell asked where FEMS was and noted that "their allegations were literally despicable."  Albertson said that FEMS was at a Stockertown incident and he didn't know if they had more than one truck.  Fire Chief Weis confirmed that FEMS' primary truck was in Stockertown.

Howell asked Albertson how how many police departments he works with.  The answer was seven to nine.  Howell asked if they all have "first responder training."  Albertson said that most do and that SEMS will help them get "their AVs."   Chief Dorney said that Forks officers are all trained beyond "first responder" and that there are AVs in every vehicle. 

Chuss asked about outstanding taxes owed by FEMS to Forks.  Farley said that the EIT for first and second quarters is unpaid ($777 and $761) and that the LST (Local Services Tax) is also unpaid for both quarters ($92 and $92).  Farley said that Forks' EIT officer contacted the FEMS accountant, John Kuhns, and was told that FEMS did not have the money and that they are also behind in State and Federal taxes.  Farley pointed out that the law says that when one withholds money from paychecks to pay taxes, one is required to submit it or to put it in escrow if one does not have enough to cover it.  Also owed to the Township and unpaid are utility bills for the first two quarters of 2008.  The total owed to Forks is $1980.81. 

Howell said that this is all he's thought about since the story appeared in the Express Times and that he does not fault the reporter or the editorial stall.  He said that the story did not appear out of thin air and that there had to be an "initiating party."  He thought the reporter did a good report and he "found Mr. Keifer's remarks despicable of the worst order."  Keifer made the innuendo that it could be resolved - by amending Forks' relationship with SEMS and so that they can again answer calls with them.

Howell added that the Township permitted FEMS to be the provider of BLS on the condition of financial security.   "Poor finance equals degrading service... that's a mantra in any business."  Howell said that financial statements have been requested for the last three months and that FEMS is delinquent in providing them.  Howell said too, that the Township got a courtesy letter from the Office of the State Fire Commissioner advising that FEMS has been sent 35 delinquency letters for loan #22786 and that it is heading for default.  The letter was also sent to Representative Grucela and to Senator Wonderling in the hope that it would generate some responsibility.  Howell suggested that FEMS will be encouraged (by the State) to apply for a grant and so it can turn around and pay off the loan.  Taxpayers get hit twice.

Howell recommended that FEMS be placed on "credit watch" and that the Township more closely monitor their financial status.  He said that FEMS should present a business plan to retire the debt and show that they can operate in a manner to maintain their trucks and equipment.  "If they can't do that, " Howell said, "then, we have a very serious problem."

Chuss wondered if the Township can legally request this.

Kline noted that FEMS had both BLS and ALS and when it closed, the Township was left in a situation where it immediately had to get a replacement.  FEMS problem was not service but financial.  When FEMS restarted it asked to be the BLS provider and the Township agreed.  Now there are a lot of warning signals and the Board must make the best decision for the residents.  Kline said that they are a private organization and they can refuse to provide the information but that wouldn't be professional.  The Township has the authority to decide, though, who is the the appropriate ALS and BLS provider and the Township has the perfect right to ask for the information.

Howell said that the Board should put FEMS on a "credit watch" and make a demand for financials and a business plan that demonstrates that it can become viable - or wait for the inevitable.  The credit watch is to elevate concern and is the beginning of a process - and "we are down to the 9th inning."  He said that he has heard that there have been more resignations from FEMS board and that they may no longer have a quorum.  Howell said that the organization has built a wall around it. 

Chuss said that he's requested financials and that since the July 2nd BoS meeting, he has not heard from Keifer.  Keifer has not attended Public Safety meetings since then either.

Egolf suggested that notifying them that they are on watch may not influence them much - "since we are dealing with a dysfunctional organization."  They should be told that there are consequences if they do not comply - that the BoS will remove their status as the Forks BLS provider.

Chuss suggested that Schnaedter send a firm letter.  Howell said that Kline should review it.

Egolf made a motion to notify FEMS that they are being put on financial watch and that the Board wants an immediate response with financial records and a business plan September 2nd.  Chuss seconded.

Resident Thomas Humcheck (sic) said that he made phone calls after seeing the sign on Sullivan Trail in front of the FEMS building.  He said that he's been a resident for 10 years and has a sick wife and problems with his kids.  He's paid FEMS and willingly belonged to both Forks providers for a number of years.  He said that he doesn't care who he pays, he needs somebody there.  He needs the protection.  He said that he came to the meeting to see what's going on.  Howell told him that the BoS is sending a straightforward, fact based letter clarifying EMS in the Township and stating that both volunteer service organizations will send subscription solicitation letters.  Howell said that he wants to include the subscription amounts of each organization in the letter.  

Chuss said that residents shouldn't worry, 911 calls will be answered.  The newspaper article showed a good response time.  SEMS has a truck stationed in Tatamy.

David Billings (PC) asked what happens if FEMS does not respond.  Howell said that he'd like to think that won't happen but that he wasn't sure how the Public Safety Committee will handle it.  Billings said that consequences (that they will be removed as the BLS provider) should be stated in the FEMS letter.  Howell said that the letter will refer to the financial watch, the items required for presentation, and the delinquencies.  It will also ask for positive steps to remain viable and it will remind them that they are "an at-will provider."

The vote on the motion for financial watch and a demand for financials and a business plan by September 2nd was 4:0.

Egolf noted that it is "very, very important" that the letter go out to Forks citizens "pronto."  It is important they "know that they are covered and what they are covered for."

• Public Works - Supervisor Miller - reported that the new paver arrived yesterday and that the road crew paved "at the Community Park and a couple of parking lots" today and are pleased with the new equipment.  Miller also reported that ten new prison-made picnic tables are due to arrive tomorrow.  He added that they are "top quality" tables.
• Parks & Recreation - Supervisor Howell - said that the committee will meet next Thursday at 4 PM.
• Community Relations - Supervisor Nicholas - absent. 
• Finance and Administration - Supervisor Egolf - reported that the committee met on August 13th and "covered many, many things" - chiefly - performance evaluations for department heads.  Egolf will provide updates as work on the evaluations progresses.

Township Manager's Report - Schnaedter said that the Supervisors' packets contain the guidelines for "feasibility of new facilities" which were provided by the Department of Conservation and Natural Resources.  Schnaedter and Miller will meet with a Department representative on September 12th.  Schnaedter said that there is grant money available for a project of this "size and caliber."  (Note:  Schnaedter did not say what the project is.)

Briefly: 

• Schnaedter reported that Township business forms are still in the planning stages.  He will give more information to the BoS as work progresses. 
• Finance Manager Farley and he are continuing work on the "public documents policy." 
• A list of surplus equipment that is advertised for bids was provided to the BoS.  The equipment "has outlived its usefulness to the Public Works and Police Departments."  The deadline for receipt of bids is August 28th.
• And, the part time office position has been filled.  Carolyn Foucart (sic) was selected from the 80 applicants for the slot.  She begins work on August 25th. 

Howell asked Schnaedter if he would be willing to act as the Township Document Officer.  Schnaedter said that he would.  Howell explained that under the Right To Know Act, each municipality must designate a Document Officer to receive and process all requests for documents.  Farley and Schnaedter will draft the document request protocol.  Schnaedter was appointed Document Officer under the Right To Know Act in a 4:0 vote. 

Engineer's Report - Hay - gave an update on the power pole at Frost Hollow and Winchester and its impact on sight distance.  He said that the weeds were the problem, not the pole and both he and Zoning Officer Tim Weis contacted Strausser to cut them, but in the meantime, the Forks DPW had already done the job.  Hay said, too, that he has contacted Met-Ed for a price to move the pole and a time frame to move it. 

Hay reported also on the Meco/Sullivan intersection.  He said that he spoke with Mr. Leiser and discussed the relocation of his driveway.  He said that Mr. Leiser wants the Meco driveway but also wants to keep his Sullivan Trail driveway.  Hay recommends that that not be an option.  Hay gave Mr. Leiser the form that PennDOT needs signed, he set up using Jan at the Police Department to notarize the form, and he asked that Mr. Leiser call him when it's done and he will take care of getting it to PennDOT.  Howell said that a lot of people will be pleased to have the Meco Road traffic light before Christmas.

Solicitor's Report - Kline - reported on the Sullivan Trail Business Park.  He reminded the Supervisors that they adopted a resolution at the July 17th BoS meeting that allowed that the developer (Goffredo) must have all the municipal improvements done by September 1 in order to see the return of the letter of credit money ($179,000) taken by the Township.  In effect, the developer had six weeks to get everything done.  Kline said, "It is now August 21 and he has not done a single thing other than write a letter to say that well maybe there will be bad weather and I won't be able to get it done by September 1."  This has been the best August weather that Kline has seen in many years and the developer now has only 10 days to complete the work.  Kline requested that this be put on the September 4th agenda.

Kline also reported that Henningsen Cold Storage has requested a Conditional Use Hearing which he originally thought could be heard (by the BoS) on September 4th if the Planning Commission (PC) reviewed it at their August 26th workshop.  However, the PC has agreed to review the Crayola solar park plan so that Crayola can be before the BoS on September 4th.  The PC will review the Henningsen land development plan at its September 11th meeting.  A motion was made to hold the Henningsen Conditional Use Hearing at 6:30 PM before the September 18th BoS meeting.  The motion passed 4:0.

UNFINISHED BUSINESS

None

NEW BUSINESS

None 

Executive Session - An executive session was requested by Chuss to discuss a legal question.  The session lasted over an hour.  No action was taken during or after the session. 

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