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.

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BoS Meeting Notes - 2/19/2009

Regular Meeting (agenda)

This night, in the first 10 minutes of the meeting, Forks Supervisors learned from a resident that the deed restrictions on the vacant former Laneco property no longer apply. 

The Board also considered and granted Senator Wonderling's request for space in the Municipal complex for a satellite office.  On two Tuesdays each month, he and/or his staff will be available to constituents.  Supervisors went further than Senator Wonderling's request and said that the allotted space (in the Community Center lobby/atrium) will also be available to other elected officials (Grucela, Dent, Dowd, etc.) to meet with constituents.  Please read Tony Nauroth's article (Express Times, February 21, 2009) for more details.

Public Comments (non-agenda) 

Ken Nagy, Forks resident, addressed the Supervisors because he read an article in the newspaper (Morning Call, Christopher Baxter, February 17, 2009) that reported that the Township was considering increasing taxes for open space preservation.  Mr. Nagy reminded the Board that Forks already pays Northampton County that same thing and has yet to get some back.  Instead the county uses the money for rails-to-trails (over a million dollars), for private property purchases (that still remains private property), and other projects.  He said that we have farms that have been on the farmland preservation list for over two years. 

Mr. Nagy went on to say that it is disturbing to be treated like a "step child and a cash cow" by the county.  He said that the county has many dollars "to be had if you go and get them" and that Forks should be "aggressively pursuing" its council representative. 

As to the new regional health department, Nagy said that it "will take the burden of paying off of the backs of Allentown, and Bethlehem and lay it across the county line."

As a better way to get open space money than raising taxes in Forks, Nagy suggested that the Board write a letter to Northampton County stating, "We see no benefit, we get no benefit from the open space provisions, therefore we are going to cease paying it.  Please send us the 1/4 mill you receive from our residents."  He suggested, too, that if the Board reads the papers to see what the county is doing, it will know that it must be more aggressive to stop some of what is planned.  As examples he cited the TIF (Tax Incentive Financing) program, a hockey stadium ($30 million from the County), and Steel Stax (a private corporation that got $2 million with more coming from the County).

Nagy said that Forks does not have that much open space and that the County assumes that Forks sits on top of "nothing but a lot of money."

Finally, Mr. Nagy asked if anyone had pursued bringing in the Lehigh Valley Economic Development Corporation (LVEDC) to help with the old Laneco property.  He said that Phil Mitman, LVEDC President, told him that the deed restrictions on the property no longer apply.

Supervisor Remarks:

• Supervisor Egolf - said that the Bushkill Stream Conservancy meeting in the Municipal Building on Tuesday night was well attended and that there were fine articles about it in the local newspapers (Christopher Baxter for the Morning Call and Tony Nauroth for the Express Times).  The program itself focused on a report by LandStudies, Inc., an environmental consulting firm.  They looked at Bushkill Creek from north of Tatamy to Easton.  The final report will be completed in a few weeks and a copy will be sent to the Township Manager.
• Supervisor Chuss - in response to Mr. Nagy's comment said that the talk of the 1/4 mill tax for open space/farmland preservation will actually be a feasibility study as recommended by the Farmland Preservation Comprehensive Plan subcommittee.  He added that 44 acres are being preserved in Forks this year and that there will be more from that same farmer next year.  Chuss said, too, that there is another forks farm on the list for either this year or early next year.  He thanked Mr. Nagy for his comments and added that Forks residents' "pockets are not bottomless."

As to the Old Laneco property currently owned by ONE UP, LLC, Chuss said that he contacted them two years ago as part of the Comprehensive Plan Economic Development subcommittee.  He asked if they would come in and discuss what could be done about their property.  He said that the owner was open to it at first but never returned calls to confirm that he would be here.   Chuss said that this is an item constantly raised by residents.  He asked that the Supervisors look into declaring it a blighted property and direct the Township Manager to look into it.  Township Manager Schnaedter interjected and asked that the Board hold off taking any action on that building (old Laneco) for at least 45 days.  He added that the LVEDC is aware of the building and is marketing it.

Supervisor Miller added that the property owner has an approved plan through the Township and could begin to develop it next week if he wanted.  He chooses not to. 

Mr Nagy said that the Township should lean on the back of the LVEDC.  He restated that Mr. Mitman said that the restrictions are now gone and he (Nagy) wondered if it could be a KOZ (Keystone Opportunity Zone) to make it attractive enough.

Treasurer's Report - Egolf began by welcoming the students in the back of the room.  All were seniors at EAHS and attending one township meeting, one county council meeting, and one school board meeting are required for Mr. Corpora's AP Government class.

Egolf next 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 $8,381,641. 

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 met earlier this week that he will send the draft notes to the Board in a few days.  The next meeting is scheduled for Tuesday, March 3rd at 8 AM.
• Public Works - Supervisor Chuss - reported that the committee met on February 10th.  He was unable to attend but said that the five year plan was discussed and the final draft will be reviewed before it is sent to the BoS.   Also, there was additional discussion on the feasibility of a new public works building.  Both topics will be discussed further at the next meeting on March 10th.
• Parks & Recreation - Supervisor Egolf - reported that the committee met on February 9th.  He remarked that with the change in meeting time to 6 PM, the meetings are better attended - especially by representatives from the various Township organizations.  He said that the committee had a full agenda and discussed Penn's Ridge, the court resurfacing, the bandshell, grading at the Braden Airport park, and the restrooms at Braden.  "The minutes will be forthcoming."  The next meeting will by on Monday, March 9th at 6 PM.
• Community Relations - Supervisor Miller - said that the committee met this week.  Both staff and Supervisors have submitted suggestions for website changes and the committee is reviewing the suggestions.  The website consultant will attend the next meeting to offer his comments on the changes and to provide cost estimates on effecting them.   The deadline for the Spring/Summer newsletter has been provided by Hometown Press.  Schnaedter is gathering "appropriate time sensitive articles for the publication." 
• Finance and Administration - Supervisor Nicholas - said that the committee met on February 11th and reviewed January 2009 Township expenses.  They discussed the Waste Management contract and Nicholas asked the Board if it wants a public hearing over the contract renewal terms and fees.  Currently Forks has a full contract with recycling every week.  There are other options that can be chosen, for example collecting recycling every other week would lower costs.  Howell said that it is a good idea to understand the "pulse of the community." 

Nicholas offered that she thinks the new contract will be a lot higher than the existing contract.  She said that perhaps Waste Management can attend and offer help to understand the new contract and the options and pricing available. 

Howell said that is in favor of a workshop and it must be well publicized to insure that a good cross-section of the community attends.  Schnaedter suggested that Waste Management may be able to help promote the workshop.  He said that he and Finance Manager Farley will be meeting with representatives from Waste Management next week.

Chuss asked why this couldn't simply be an agenda item at a regular meeting?  Schnaedter said that sometimes workshops about specific items bring out more people.  Nicholas said that people are more likely to talk at a workshop.  Schnaedter said he has learned that other communities are facing substantial increases.  And, he will report on his meeting with Waste Management at the March 5th BoS meeting.  Supervisors will revisit a decision at that time.

Nicholas said that the staff evaluation forms are completed.  She will get a copy to the Board for review.  She said, too, that the EIT form (Earned Income Tax) is available for download on the website.  The swipe card system for the Community Center gym will be finished by March.  Farley said that the system is up, they are waiting for the tags.  The handrail for the Municipal Building sidewalk is here and awaiting installation.

Nicholas asked the Board if when Farley puts out the budget calendar for 2010 that there be a notice on it that professionals' fee schedules are due to the Township Manager no later than October 10th.  And, finally, Nicholas reported that HR Manager, Barb Bartek has been asked to represent the Lehigh Valley Insurance Co-op Connection Care advisory board.  Nicholas said this is a good position for her and she congratulated her for doing that.  Bartek has been on the Lehigh Insurance Co-op board for several years.    Connection Care provides services to individuals diagnosed with cancer.

Township Manager's Report - Schnaedter reported that he received correspondence from Lafayette College's Meyner Center regarding a regional comprehensive plan.  He said that over the last two years a regional comprehensive plan was addressed several times at the Two Rivers COG (Council of Governments) meetings and although there was some interest, he thought that Forks was not interested in a regional comprehensive plan.  He said that unless something has changed, he will notify the Meyner Center that Forks is not interested. 

Chuss said that the didn't know a decision had been made and that he understands that there are grants and State/Federal money available for regional plans.  Schnaedter confirmed that there is State money available for the organization of comprehensive plans.  He added that the Township had a difficult time planning for its own community and this would involve neighboring municipalities.  Traditionally legislative bodies are reluctant to give that authority to neighboring communities.

Howell said at the Meyner Center/COG discussions Forks' district would include West Easton, Glendon, Freemansburg, Wilson, and Easton.  Palmer and Bethlehem Townships would have opted out.  He suggested that if Chuss wanted to revisit it, he is welcome to attend the COG and learn more about it.

Chuss asked why Bethlehem and Palmer would opt out and Howell said that it is because they don't want the "tail to wag the dog."  There is not much to plan in Easton and they will look to the suburbs to solve their issues.  Forks is involved in a lawsuit over providing affordable housing, one of Easton's major concerns. 

Schnaedter said that he will notify the Meyner Center that Forks chooses not to participate on the 27th.

Schnaedter also said that the Meyner Center is looking for the Board's comments on the report draft from the strategic planning workshop.  Howell said that he would like to get it going.  Egolf thought that an ad hoc committee to propose deadlines that will be sent to the Supervisors for approval/revision will work.  He said that it was important to move on it since these are 2009 goals - and it's already the end of February.  Schnaedter will set up a meeting within the next five working days.  The members are Schnaedter, Howell, and Egolf.

Schnaedter also said that the Board has the 2010 appropriations grant application (for the public works facility) for review.  The deadline is the 27th and unless the Board has objects, he will to send it tomorrow.

Schnaedter met with Brian Locus (sic) of the Forks Township business group.  He and other members will make a presentation at a BoS meeting about their plans to contact other business groups.  The group wants the Board to participate in that effort.

Engineer's Report - Hay - not present

Solicitor's Report - Kline - reported that he spoke with Mr. Rinaldi about the crop farming lease.  He is in agreement but has not sent the signed lease back yet.  It will be an agenda item at the March 5th meeting.

Kline also reported that the EAJSA (Easton Area Joint Sewer Authority) solicitor has been directed to prepare a new sewage service agreement that will control its relationship with member municipalities.  The current agreement is in many dated parts, 1976 inter-municipal agreement, 1988 agreement, the 1995 court order, and the amended articles of incorporation.  The new agreement will consolidate all into one.  This is a long and very important document since there are millions of dollars involved.  Kline said that he reviewed the new document and will meet with Henning Holmgaard, Forks' representative on the EAJSA, and then make a report to the Board.

Kline also updated the Board on the nine expiring letters of credit.  He explained that these letters are required of developers to insure that required municipal improvements are completed.  If the work is not done by the developers, the Township has the right to draw on the letters so that the work can be completed.  Seven of the letters have been resolved.  The two unresolved are from Strausser Enterprises.  They are due to expire on March 31st. 

Kline further explained that developers are unlikely to do the improvements before they begin building and have money coming in, so security is provided with letters of credit provided by banks.  The Township notifies the bank that issued the letter if the work is not done and the bank sends the money to the Township and bills the developer.

UNFINISHED BUSINESS

None

NEW BUSINESS

Request for authorization to bid – resurfacing of Tennis Courts and re-furbishing of basketball Court (Rick Schnaedter, Township Manager) - Schnaedter asked the Board for authorization to go out to bid for the rehabilitation of the Community Park basketball court and the resurfacing of its tennis court.   The advertising will be on March 29th, April 3rd, and April 6th.  There will be a mandatory pre-bid meeting on April 9th and bids will be opened on April 13th.  Several vendors have expressed interest.

Miller thought that there was one line that was inappropriate in the bid spec, and that is that the vendor must be a member of the American Sports Builders Association.  He said that there may be many qualified bidders who are not members.  Miller said that he looked it up on the web and that they are out of MD and require an annual membership fee of $840.  He asked Kline for his opinion.

Kline said that the purpose of the bid is to make sure you have qualified bidders and you need to be satisfied that they are in fact qualified.  The requirement that they pay $840 has nothing to do with qualification to do the job.  He recommended deleting the line.

Nicholas questioned the project notes section that says there is no removal or disposal of existing base included.  She wondered who is getting rid of it.  Schnaedter explained that this is rehabilitation and the materials will be reused.  DPW Director Roberts said that the stone base will remain and only the blacktop will be removed.  This will address the cracks in the court surface.

Nicholas questioned the line in the project notes that states the contractor will not accept responsibility or liability for damage done to existing areas required to access the work area.  Roberts agreed that damage could happen.  When asked who helped prepare the bid spec, Schnaedter said that a potential bidder did.  The Township Engineer then reviewed it and put in language to prevent one company from having unfair advantage.  Nicholas wanted the line removed and Kline agreed.  Howell asked if there were provisions in the package that will guarantee that the things like removing the fence around the tennis court will result in the fence being replaced as it was.  He was told that there were.

Nicholas then questioned the variable bid price provision (based on AC oil and market prices) for the blacktop and wanted it removed.  Roberts said that last year blacktop prices were volatile.  Nicholas said that bids should be good for so many days.

Howell remarked that there is a problem when potential bidders are writing specs. 

Nicholas recapped the changes as eliminating that the contractor is not liable for damages and adding instead that the contractor is responsible for damages, and eliminating the clause about the AC oil price index and adding per Kline, that the price be guaranteed for 30 or 60 days or until the bid is awarded.

Howell suggested that the Board could approve Schnaedter's authority to go out for bid if the Board agrees to allow him to consult with Kline for the correct language. 

Egolf made the motion to authorize the Township Manager to advertise for bids for the rehabilitation of the basketball court and the resurfacing of the tennis court with the stipulation that Schnaedter meet with Kline and Hay to finalize the wording with reference to the liability insurance, black top pricing, association membership, and the length of the contract.  Miller seconded and it passed 5:0.

Senator Wonderling’s request for Satellite Office in Forks Township Municipal Complex (Rick Schnaedter, Township Manager) - Schnaedter explained that Board had a copy of the email request from Senator Wonderling's office to set up a table two Tuesdays a month (for a few hours) in the Municipal Building lobby to meet with and serve constituents. 

Chuss suggested that the there is more traffic in the Community Center. 

Howell said that this is a request from one elected official and although he is not a fan of elected officials using "our facilities," it should be offered to all elected officials (Grucela, Dent, Dowd, etc.).  He agreed with Chuss that the Community Center is a much better venue for it especially if there are a significant number of people with issues.  Howell stipulated, too, that there should be no electioneering. 

Nicholas agreed that there should be no campaigning.  And, Egolf suggested that there be blackout dates during election times.  He said that the Community Center is a great place.  Howell suggested space in its atrium.  Miller offered that Saturdays would not be good since "they would be run over by 300 kids."

Schnaedter noted that this is the third request the Township has received (Dent and Specter were the others).

Chuss made a motion to set a policy that any elected official may use space in the Community Center for the purpose of meeting with constituents.  The time and dates must be arranged with the Township Manager and there will be no electioneering.  Egolf seconded and it passed 5:0.

Executive Session - The session was held to discuss a matter of current litigation and one of a potential litigation.  No action was taken and the meeting was adjourned.

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

BoS Meeting Notes - 2/5/2009

Regular Meeting (agenda)

This night, with all Supervisors present, a unanimous vote was taken to raise the pay of the 2010 elected tax collector by 10 percent to $16,500.  The four year term of the current elected real estate tax collector, June Vail, ends December 31, 2009. 

There were no members of the press present.

Public Comments (non-agenda) - none

Supervisor Remarks:

• Supervisor Miller - commented on the recent tragic house fire that displaced a Forks family.  Miller said that the family came to the Community Center asking for donations.  There they picked through lost and found articles. Community Center monitors then made posters asking for donations for the family.  In one and a half weeks, two truckloads of clothing were collected.  There was even an offer of a 50" television.  Miller wanted to acknowledge the Community Center monitors and the "good people of Forks" for helping a family in a time of need.  The family is now staying with relatives.  From the audience, Thomas Humcheck (sic) said that the family has temporarily moved into a rental house provided by their insurance company.
• Chairman Howell - announced that Lehigh County is hosting a Parks & Recreation Academy sponsored by the Department of Conservation on April 1 and April 8.  Also, Howell reported that he attended the oral arguments in the KMRD/Kings Mill procedural challenge appeal. (The challenge was denied by Forks Zoning Hearing Board in March 2008.  KMRD, as expected, appealed the decision.)  Howell said that attorney Steve Goudsouzian did a wonderful job and was complimented by the judge for his preparation and presentation.  The oral arguments were held in the new section of the courthouse, in what Howell described as a very nice, comfortable, and judicial courtroom.  (Please read Riley Yates (Morning Call) for more details.) 
• Supervisor Egolf - reported that two Saturday's ago, the BoS and management staff had a day long meeting led by David Woglom of Lafayette College.  The objective of the program was met: Goals for the year were set.  The report will be public soon.  Egolf thanked the staff on behalf of his colleagues.  He said that a side benefit was the the staff and the Supervisors got to know each other a little better and together they "accomplished quite a bit."

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $8,382,923. 

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

• Public Safety - Supervisor Howell - said the Supervisors have the committee's last meeting notes in their packets.  The meeting discussion topic was to determine the best reports from Suburban EMS (SEMS) to fulfill the BoS responsibility of monitoring SEMS performance over the year.  Schnaedter will make a presentation to the committee.  The next meeting is scheduled for February 17th at 8 AM.
• Public Works - Supervisor Chuss - reported that the committee has not met since the last BoS meeting.  The next meeting is set for February 10th at 7:30 AM.  The committee is looking at drafting five year plans for roads, buildings, etc.  Also under discussion is an assessment status of a new public works building.
• Parks & Recreation - Supervisor Egolf - reported that the committee has not met since the last BoS meeting.  The next meeting is scheduled for February 9th at 6 PM when it will review and approve some plans.
• Community Relations - Supervisor Miller - said that there was no meeting since the last BoS meeting and that the next one is next week (February 9th at 5 PM).  Howell said that Schnaedter sent an email to the BoS asking what the Supervisors want regarding website design.
• Finance and Administration - Supervisor Nicholas - said that the committee's next meeting is February 11th at 5 PM.  They will review the monthly township financial statements and the Waste Management plan.  Nicholas offered to email a meeting agenda to anyone who would like one.  Please contact her via email to request the agenda. 

Township Manager's Report - Schnaedter said that the BoS has a draft copy of the strategic plan - from the workshop with David Woglom of Lafayette College.  He asked that the Board review it and send comments to him.  He said that Supervisors' comments will be forwarded to Mr. Woglom. 

Schnaedter said, too, that he will take the recent Klein correspondence before the Finance & Administration Committee for comments and recommendations.

Regarding grants, Schnaedter reported that (per Congressman Dent's office) all projects for 2009 are still pending and that he has received the appropriation grant request forms for 2010.  Initially the application focus was for economic development opportunities.  Now, because the "landscape has changed" he would like to submit an application for 55% funding of a new public works building.  The expected cost is ball-parked at $1.65 million.  Schnaedter said that this would be a long shot and that he doesn't receive a lot of advance notice for grants.  He does however, have enough information and documents on a public works building for a 2010 grant application.  An answer would be expected in December 2009.

Howell wondered if the Township has "shovel ready projects" that could be used to apply for Governor Rendell's shovel ready funding.  He mentioned the intersection of Sullivan Trail and Newlins Road as an example.  Hay said that the Township has made an application to Northampton County for a hazard mitigation grant (for that intersection) and is waiting to hear.  Schnaedter offered that the application passed the initial funding.  It is a $250,000 project.  Howell asked if that project would exacerbate the Sullivan Trail flooding problem and Hay said another project the Township plans is a culvert at Newlins and if water gets under Newlins faster it will get under Sullivan Trail faster. 

With a 5:0 vote, the BoS authorized Schnaedter to submit a 2010 grant application for a public works facility funding.

Nicholas offered that she received a mailer for a grant writing seminar being held in March.  Schnaedter said that he plans to attend.

Schnaedter also reported on the status of the traffic signal at Meco.  He said that he has been in contact with PennDOT and that they are preparing the application and that the drawings have been received by PennDOT.  There has been contact with Mr. Leiser and doesn't want to "jinx it," but he thinks the document will be signed and ready for approval at the next meeting. 

Schnaedter also said that he has had some correspondence from the Delaware Riverside Conservancy regarding a Flood Summit.  He said that Ms. Linda Hill has had conversations with some Supervisors.  Miller offered that having the summit in the Municipal Building is fine since there are a lot of Forks residents who live along the river.  Approval of the use of the room for the Flood Summit was given by consensus of the Board. 

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - reported that the KMRD procedural challenge oral argument was held.  The challenge was to the validity of the 2006 zoning ordinance as well as to the three prior zoning ordinances.  Originally KMRD alleged that there were 18 procedural defects.  However after 300 pages of documents were produced by the Township, KMRD withdrew 17 of the allegations.  The one left is the one alleging that the legal notice did not have enough detail. 

In March 2008, the ZHB (Zoning Hearing Board) unanimously rejected KMRD's challenge and KMRD has appealed that decision.  The judge indicated that should this be invalidated, it would invalidate practically all of Northampton County municipal zoning ordinances - because the legal advertisements had the same degree of specificity.  Please read Riley Yates (Morning Call) for more details on the oral arguments in the procedural challenge by KMRD.

KMRD's substantive challenge appeal is a few months behind the procedural challenge.  The Township must assemble the entire record of the hearings - 1,000 pages of testimony and hundreds of pages of documents - and submit it to the court.  The court will decide on the basis of what is presented to the court by the Zoning Hearing Board.  In the next few months briefs will be submitted and there will be oral arguments.

In another matter, that of security provided by developers to insure that municipal improvements are completed in their developments, Kline noted that case law says that if a developer does not complete the improvements, the Township must.  He said that in during difficult economic times, it is harder for developers to comply and that it is more important now, to keep tabs on developer provided irrevocable letters of credit. 

Kline said that he has notified developers that their letters must be renewed and that he has been authorized by the Board to draw on those that are not renewed.  Kline said that only twice since he has been Forks Township Solicitor have letters of credit been drawn on, once when a developer went bankrupt and once with Mr. Goffredo (Sullivan Trail Business Park).  There are nine letters of credit expiring by the end of March.  With banks tightening credit there may be up to nine letters of credit drawn on to insure the completion of mandated improvements. 

Chuss asked if Township accounts are set-up in the event that the letters of credit are drawn on and Kline offered that the monies could easily be substantial - "easily in seven figures."  Kline further explained that the Township does not get a "windfall" as the money must be set aside in interest bearing accounts, a separate one for each developer. 

Finance Manager Farley said that there is a restricted fund with sub-accounts that are each interest bearing and that there is full accounting for each.

Kline said that two of the letters come due in February and seven in March.

UNFINISHED BUSINESS

None

NEW BUSINESS

Famous Smoke Shop Land Development Plan (Tim Weis, Zoning Officer) - Weis explained that the Famous Smoke Shop has outgrown its existing facility. 

Steve Pany, Project Engineer said that a new 50,000 square feet warehouse is planned for a parcel in the Fort James II industrial park at the corner or Kuebler Road and Mort Drive.  Fifty percent of the building will be a humidor, 20% will be office, 20% will warehouse, there will be incidental space for retail sales, and room for expansion.  The main entrance will be on Mort Drive with a second entrance on Kuebler Road.  Initially there will be 40 employees and at full build out, there will be 80.  There will be approximately three truck deliveries per week.

The Fort James II subdivision requires curbs and sidewalks on Kuebler and the applicant will install them along his Kuebler and More Drive frontage through the bulb in the cul de sac.  There will be an emergency access road around the property perimeter as well a street light (powered from the building) at the high point of Mort Drive.  The building will have a Spanish motif.  Its nearest neighbor is Tioga Pipe.

The business owner, Arthur Zaretsky, said that the industry is in chaos and that the SCHIP program is being funded on the back of tobacco.  He added that if the Rendell (cigar tax) proposal comes to pass, it could change his whole plan.  He killed the project two years ago because of a proposed 50% Cigar Tax and a proposed Floor Tax. 

Mr. Zaretsky said that he is hoping to sell his existing building.

Pany said that all conditions of the engineer's review letter are acceptable.  The emergency road will have a hard surface, the building will be fully sprinklered, the plan is fully compliant with the Township stormwater plan.  Howell asked if the business is planning directory signs in other other locations so that customers can find their way there. 

Planner Larry Kitson asked who owns the existing tree line and was told that it is on the neighboring property and will stay. 

Kline offered that before the PC (Planning Commission) about the only additional issue was the curbing and sidewalk and that has all been agreed to.  The PC condition is that this developer must provide an agreement between the Township and the owner of lot 2F to install the curbing and sidewalk.  Pany said that Petrucci is willing to provide a letter of agreement to the Township and is already preparing it.  The curbing and sidewalks will be installed when lot 2F is developed.

The motion to approve based on the January 5th engineer's letter and the added PC condition was approved with a 5:0 vote. 

Mr. Zaretsky inquired as to permissible offsite directional signage and it was suggested that he set up a meeting with Zoning Officer Tim Weis and Township Manager Schnaedter, who can help him with options. 

Colosi Company, LLC Inter-municipal Liquor License Transfer Application – Schedule public hearing - Property @ 1600 North Delaware Drive - (Karl Kline, Solicitor) - Kline explained that if someone wants to obtain a liquor license, they can buy an existing license in a municipality, or they can buy one from another municipality, making it a new license in the proposed municipality. 

Colosi is seeking the second, and inter-municipality license from the Dancing Fish Company in Bethlehem Township.  The new site is My Little Gypsy Rose on North Delaware Drive.  A license hearing is required by the local municipality to learn more information about the proposed use and transfer.  Kline said that he originally suggested February 19th for the hearing but attorney Piperato is not available that night.  He is available on March 5th.

Howell asked if "we know anything about Colosi?"  He asked too, if they own other licenses?  Nothing is known - unlike when Big Woody's applied for its inter-municipal liquor license transfer.  Big Woody's had other establishments in the Lehigh Valley and a track record allowing for research into its general compliance with liquor license rules.

The vote was 5:0 to hold the hearing on Thursday, March 5th at 6:30 PM - before the regular BoS meeting. 

Resolution No. 090205-1 Forks Township Tax Collector Compensation and Duties (Karl Kline, Solicitor) - Kline said that the position of tax collector is elected and the BoS has the authority to establish a rate of compensation.  The statute controls the tax collectors many activities and hours worked.  Currently, the elected real estate tax collector is paid $15,000 per year and $15 per tax certificate prepared (for properties sold or refinanced).  In addition, the tax collector collects EASD (Easton Area School District) taxes as well as several other fees. 

The resolution restates the schedule for fees as well as provides that the tax collector submit collected money to the Township no later than the 5th and 25th of the month.  The resolution puts together in one place positions and resolutions adopted over the last five years to clarify for everyone what the tax collector's duties and responsibilities are.

The tax collector pay must be set no later than February 15th in the year before the new tax collector takes office.  This is to prevent "finagling" if the tax collector candidates are not liked.  The term is four years. 

Howell clarified that only the Township salary of $15,000 is being considered for an increase.  All other rates will remain in place, $15 for tax certificates, $5 for duplicate bills, $25 for electronic media, and $25 for returned checks. 

Chuss noted that it is an important position in the Township and that it is difficult to predict the cost of living.  Howell noted that In a good year, with the other fees, the tax collector can do well but not so well in a down real estate market.

Nicholas said that the EASD also pays the tax collector.  The Township provides a computer, office space, and postage.  The EASD reimburses the Township for the mailing of its bills. 

Both Howell and Chuss agreed that an increase is merited.  An audience member asked how Forks tax collector's salary compares to Palmer and Stockertown?  Howell said that "ours is under market."  Stockertown pays more on just over 300 tax bills.  The collector there has held the position for 38 years.  In Forks, the tax collector has been paid the same salary for four years.

The motion to accept the resolution and to increase the $15,000 salary by 10% was passed with a 5:0 vote.

Resolution No. 090205-2 Forks Township Municipal Sewer Authority termination (Karl Kline, Solicitor) - Kline explained that this resolution is a "housekeeping" one.  He said that a number of years ago, the BoS took action to terminate the Forks Municipal Sewer Authority and to assume its responsibilities.  The authority had the responsibility for the collector system in the Township but the maintenance of it was contracted to the the Township as was the sending out of the sewer bills.  There were disputes with the sewer authority and the Township terminated it and directed that all bonds be paid off.  They were all paid in 2005.  The authority has held no more meetings.

The Department of Community and Economic Development has continued to require the filing of an annual form and a resolution is needed to stop getting the forms.  This resolution along with notifying the State "should put this all to rest." 

Nicholas asked how the BoS terminates an authority it created?  Kline explained that there was a court battle in 1998.  In it the Township maintained the position that if it had the authority to create a municipal authority, it had the authority to terminate it.  Ultimately the local and commonwealth courts said that the Township indeed has the authority to dissolve the sewer authority and to pay its debt, but the sewer authority has to request it.  This resolution is so that "we can put a stake in the heart of this beast once and for all." 

Nicholas next asked when the sewer authority asked to dissolve?  Kline said that until the debt was paid, the authority had to have an annual meeting.  In 2005 the Tatamy debt was paid and a resolution assigning the assets to the Township was adopted.  The authority ceased to operate and had no assets. 

Nicholas said that she was on the board of the sewer authority and that she never voted on terminating it.  The sewer authority sent a letter to the BoS asking that no sewers be allowed in the FP (Farmland Preservation zoning district).  Mike Matyus, former chairman of the authority concurred.  The letter was sent because of KMRD.  Nicholas said that she believed that if the sewer authority said that there can be no sewers in the FP that there can be none. 

Howell said that if an appointed board refuses to terminate itself, and the appointing authority (the BoS) unilaterally agrees to terminate it, and there is a court contest all the way to the Commonwealth Court, the appointed board members cannot reappoint themselves. 

Kline said that in 2005, at about the time the Township was working on the new zoning ordiance, the sewer authority did send a letter stating that there should be no sewers north of Newlins Road.  But, back in 1997 or 1998 the sewer authority solicitor and two members came to the BoS and said that they had decided that there should be sewers in the FP and threatened to sue the Township if it did not comply.  The question was of who had control of the development in the Township, the sewer authority or the BoS. 

A series of resolutions was adopted to terminate the sewer authority.  The Township has the ability to terminate the authority and to tell them to go out of existence and pay their debt.  The BoS can resurrect the sewer authority.

Nicholas said that she thought it fiscally irresponsible in 2005 to pay off the 1% loan.  Also, she said that the wording in the resolution "needs to be changed because it isn't correct" since the authority is no longer in existence.

Kline said that the resolution follows the language of the statute.  In 2005 after the debt was paid off, the authority had no assets or operations or meetings.  It was defunct - dormant.  He said that if the Board wants to appoint members so that they can have a meeting for the purpose of adopting the resolution to dissolve the authority, it can take that additional step.  

Nicholas said that there is no secretary of the Forks Township Municipal Sewer Authority and asked who will sign it? Kline said that it has already been signed by Debi Tindall, who as acting secretary.  He said that she has been recognized by the State as the acting secretary for the authority since 2005.

Howell said that the Township cannot alter the form the State has given.  Mike Matyus said that the language requesting to be terminated was not how it was put to the authority.  Howell said that the authority sued the Township to stay alive and acquiesced, it did not take to another level which seems a tacit admission that the authority resolved itself to be terminated.

Chuss offered that he understood how he could want the record set straight for the future.  It will be documented in the meeting minutes.

Kline said that this is the language that the Municipal Authorities Act requires.  The motion to accept the resolution was passed with a 4:1 vote.  Nicholas cast the nay.

For more on the history of this topic, see the FAC blog - BoS Meeting Notes - 9/1/2005.

Crop farming Lease – Remaly Tract (Karl Kline, Solicitor) - Kline said that this is the 53 acres of Township land on the southeast corner of Newlins and Richmond Roads.  The Township purchased the land a number of years ago and is still determining how the land will be used.  The lease is for two years at $55/acre.  If the lease is terminated after one year, the Township agrees to reimburse the farmer for the cost of the lime treatments.  Lime is necessary because the Township dumps leaves there and the soil becomes acidic.  This is the same lease that Mr. Rinaldi had in the last two years. 

Chuss asked what happens if the Township wants to develop 10 acres of the parcel during the two year term.  Kline said that the the terms of the just ended lease are acceptable and he will talk to Mr. Rinaldi about any changes the Board wants to make.

Howell asked what Rinaldi's acreage limit would be - that is the number of acres that make it worthwhile for him to farm.  Of course, the Township would be responsible to survey and measure the acreage at its expense.

Kline said that he will talk to Mr. Rinaldi and put together a lease where the Township reserves the right to use some of the acreage in the second year.  He will have it for the next meeting. 

Chuss suggested that the $55 could be lowered to $1 "to help the farmer... with his profitability."  Schnaedter said that in conversations with the tenant, he indicated he would be willing to pay more than the $55/acre.  Miller offered that this farmer does not have a problem with paying $55/acre and that the farmer at the airport is paying the same rate.  Howell said that reducing it to $1 would favor just one farmer.  Kline said that he's been involved in other private crop farm leases and $55 is under the market.  Nicholas said that she recalled that the rate may have been set so that it would cover the cost of the lime if the Township terminated the lease early.

Howell asked if the area where the house was could be planted.  Weis said that because the public works department has equipment on that part of the parcel, it can't be planted. 

Per Board consensus Kline will make the lease "severable." 

Pension Plan (Jim Farley, Finance Manager) - Farley explained that the Township must adopt a revision once every five years, per the Economic Growth and Tax Relief Act.  He said that the revised plan includes "the basic things that apply to most people's plans."  All changes are per government requirements.  Adoption of the defined benefit plan with an effective date of January 1, 2008 passed with a 5:0 vote.

Executive Session - The session was held to discuss possible new litigation matter.  No action was taken and the meeting was adjourned.

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

BoS Meeting Notes - 12/18/2008

Regular Meeting (agenda)

Forks Supervisors began this evening at 6:30 with a Conditional Use Hearing for The Brake Shop of the Lehigh Valley, Inc. (dba The Brake Shop & Auto Repair.)  See the New Business agenda item below for more. 

The 2009 10% tax increase and budget were approved, the reasons for Mr. Rob Leiser not signing on the PennDOTTED line were detailed, and a movement may be in motion for a Farmland Preservation ballot referendum. 

Please read Tony Nauroth (Express Times) for more on the 2009 budget.  (Note:  There is an error in Mr. Nauroth's article.  The 2009 millage rate is in fact increasing to 5.6 from 5.1.)  

The biggest news of the night though, was learning that Klein Farms has been accepted as a preserved farm by Northampton County!  Only three applications are accepted into the program each year and this year Klein Farms made the cut in the #2 position.

Public Comments (non-agenda)

• Rob Leiser - Leiser's Rental Barn - explained that he was not holding the Meco/Sullivan traffic light project hostage as was stated in a recent Morning Call article (see Christopher Baxter, December 11, 2008).  He said that in fact, he is the hostage.  He said that he was left out of the loop until mid-July when PennDOT "brought him in." 

Mr. Leiser said that the plan he has seen does not address his entrance (on Sullivan Trail).  Fred Hay (Township Engineer) said that spending money to prepare a plan when he (Leiser) has not agreed is fruitless.  Mr. Leiser maintains that someone should have known that PennDOT wanted his entrance moved. 

Mr. Leiser said, too, that if the driveways are created on his property, there must be easy access into and out of his business.  He said that one of his competitors in Wind Gap lost business and eventually went out of business during the roadwork on 115 in Wind Gap because the roadwork made it very difficult for customers to get to his business.

Solicitor Karl Kline noted that it is interesting that something (Leiser’s Sullivan Trail driveway) PennDOT approved 20 years ago is now not suitable.  Kline said that Leiser's Rental Barn did not move and that Meco Road did not move.  Mr. Leiser said that 20 years ago the land around his shop was open fields with two houses and that Meco Road did indeed move.  Hay said that he recommended to the Board that the Leiser driveways be part of the project.

Kline asked Leiser directly what he wants and Mr. Leiser answered that he wants:

• The entrance moved.
• The entrance approved by Planning Commission in 2002.
• Everything paid for because he does not have the money do it.
• At least the Meco Road entrance cut.

Mr. Leiser said that he knows that a light needs to be put there (Meco/Sullivan) but not at his cost.  He added that his project was held hostage (years before) when a Supervisor asked that he be removed from a meeting and when he received a letter from Kline detailing eight items discussed at a meeting with him (Leiser) that were never discussed.

Mr. Leiser said that he estimates the cost of moving his entrance to be $50,000 to $80,000 and he wants to be certain that all the cost will be covered by the Township.  Hay said that an estimate has not yet been prepared and he does not believe the cost to be that much.

Mr. Leiser said that the "whole point" is that the Supervisors should be talking to him.  Hay said that he came to him with a plan of what PennDOT allowed. 

Mr. Leiser concluded by stating that he wants to see some plans and that he needs to be "engaged with the plans, the ideas, and the promises."

Supervisor Remarks:

• Chairman Howell listed some "house keeping" items particularly that the BoS Re-organization meeting is scheduled for January 5th at 7:00 PM.  Howell said that the meeting schedules for all other boards/commission/committees will be set by the Supervisors at the re-org meeting.

The elected auditors will set the pay rates of Supervisors employed by the Township at their meeting on January 6th at 7 PM.

Howell said too, that the Supervisor's packets contain a flyer for the upcoming Lehigh Valley Planning Commission "Smart Transportation Workshop" (click on Commission Staff and then click on Workshop) scheduled for January 16th from 8:30-noon. 

Howell noted that he and Supervisor Egolf attended an open space workshop in Easton.  They were invited by the Two Rivers Council of Governments (TRCOG) and the Lehigh Valley League of Women Voters (LVLWV).  Howell said that presentations were made by six of Forks' neighboring townships that have successfully passed referenda and either used bond issues or EIT (earned income tax) increases to raise funds to purchase development rights and open space - in order to preserve farmland.  He said that he will approach the Board in 2009 to get a workshop together - with all Township boards - in order to start thinking about open space and helping Forks' farmers.

• Supervisor Nicholas said that she had a letter about the Palmer bikepath that is to go through Forks.  She is concerned whether Forks is to mark the road crossings or if Palmer is to do it.  She said that the crossings in Palmer are not well marked and she asked that the Township work with Palmer about how the path will be marked to insure safety in crossing Forks' roads.  She said that she will visit the crossings and send her findings/recommendations to Township Manager Schnaedter.  Kline offered that signage is being considered and that Palmer plans to begin the path construction in the spring.  Palmer needs signs indicating that vehicles must stop for pedestrians.  Forks recreation paths have such signs. 
• Supervisor Chuss said that the Planning Commission (draft) minutes (from its December 11th meeting) indicate that Dan Fazekas will not seek reappointment in 2010.  He asked that Schnaedter draft a letter of appreciation for his service.

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 $7,382,099.

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

• Public Safety - Supervisor Chuss - said that there had been no meeting since the last BoS meeting.  Fire Chief Bryan Weis updated the progress on the new emergency services training tower:
  • The construction is complete.
  • The interior concrete and the Padgenite lining are installed.
  • The garage door installation is scheduled for Monday.
  • A concrete apron will be installed in the spring. 
  • Conditioning burns are scheduled for this weekend.

Nicholas complimented Chief Weis for the photo morph of the tower construction on the Forksfire.com website.

Chuss extended thanks to the committee members and especially Police Chief Dorney, Fire Chief Weis, Schnaedter, and Suburban EMS for their hard work and accomplishments in 2008.

• Public Works - Supervisor Miller - said that the committee met last week and that the road crew has been very busy this fall.  There were three crews collecting leaves.  Leaf collection is done for this year.  The DPW is now cleaning catch basins, trimming trees, and repairing street lights.  The park restrooms have been cleaned and winterized and the playing fields have been shut down for the winter. 

DPW Director Mark Roberts said that in preparation for weekend snow plowing, 123 notices were placed on vehicles parked in the streets.  The tagged vehicles included trailers, boats, etc.  The notices state that the vehicles are to be removed from streets as soon as possible.  Nicholas asked if there are on-street parking restrictions for trailers and boats and Zoning Officer Weis said that there are none as long as the vehicles are licensed.  He added that there are parking restrictions for tractor trailers.

• Parks & Recreation - Supervisor Howell - said that the committee had its last meeting of the year and wrapped up some loose ends including:
  • The Community Park carousel is ordered and delivery is expected sometime before spring. 
  • The selection and purchase of fitness stations for the Community Park is in progress.
  • The Penn's Ridge's neighborhood park has been given priority.  The committee has been working with the Recreation Board and Miller on a 3/4 size basketball court and a tot lot. Recommendations will be made to the BoS early in 2009.
  • Miller and Roberts have finished their inspection of the basketball and tennis courts.  An estimate on resurfacing both will be presented to the BoS when it is completed - with a hope for an early 2009 approval.
  • Miller is preparing an estimate for an additional pavilion in the park.

Howell thanked Miller and Farley for all their work in 2008.  He noted that it is the first complete year that the new software (to track youth sports participation) has been used and it showed that the Community Center brought in a record $261,000 (year to date) in 2008.  The Township subsidy to the Recreation Board is low.

The committee accomplished the first major purchase of new play equipment and gym #1 users now have heat and air conditioning as do the users of gyms #2 and #3.

Howell said that all of this was done at no cost to the taxpayers.  Funds from the developer recreation impact fees were used and "spent wisely."  He extended thanks to Miller, Farley and Schnaedter.

• Community Relations - Supervisor Nicholas - said that there was no meeting since the last BoS meeting.  She thanked Schnaedter for all his work on the Forks Quarterly and said that Supervisor Miller will chair the committee next year.  He will be joined by Supervisor Chuss.
• Finance and Administration - Supervisor Egolf - reported that the committee met twice a month over the year.  At the last meeting, the managers' goals were reviewed and he was pleased with the work and that all goals were met.  Next year the committee plans a Saturday goal setting workshop with department managers and the BoS.

Egolf said that "tons and tons" of documents were organized, sorted, and shelved.  He thank Finance Manager Farley for that successful effort.  He thanked Schnaedter for the successful breakfast with Forks business leaders.  It was held in the meeting room and will lead to future discussions.  He said the year was very rewarding.

Township Manager's Report - Schnaedter thanked the Kiwanis organization for its annual sponsorship of the Township Christmas tree lighting.  He said that well over 100 people participated including the choir from EAHS.  He thanked Pitchfork Nursery and Karl Miller for the lobby decorations and he thanked Ed Kleppinger (Parks Department Crew Chief) for all his efforts.

Chuss thanked Schnaedter for all his work helping to coordinate the event.  Howell noted that it's the first one he's missed but that it is quite a sight to see the antique fire truck roaring down the road with Santa on board.

Schnaedter also welcomed Dr. Yuri Shevtziv to the Township.

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

Real Estate Tax Millage Change (Jim Farley, Finance Manager) - Farley explained that the budget process began in October with an analysis of expenses for the current year versus the end of the previous year.  Trends were considered.  Meetings were held with department managers to analyze costs and a proposed budget was developed for presentation to the BoS in November.  Tentative approval was granted by the BoS at its November 18 meeting. 

Farley said that the proposed budget was available to the public both on the Township website and at the front counter in the Municipal Building. 

The motion to approve the millage increase from 5.1 to 5.6 was approved with a 5:0 vote. 

2009 Budget - Final Approval (Jim Farley, Finance Manager) - The vote to approve the proposed budget was 5:0.  Egolf noted that this budget has gone through "major surgery" and was trimmed as much as it could be trimmed.  He said that there were quite a few meetings with department managers who were asked to justify their proposals.  Adjustments were made.  The final budget is "frugal and holds the line on everything."  In particular, capital requests are on indefinite hold. 

An audience member asked about the $70,000 in capital purchases (listed under Police Department expenses).  Farley explained that capital purchases are listed but are on hold until at least mid-year.  Some of them may be considered at that time if housing starts improve and revenues exceed the budgeted amounts.  

The carryover amount is needed to keep the Township running during the first quarter until tax payments begin to arrive.

NEW BUSINESS

Farmland Preservation (Erik Chuss, Supervisor) - Chuss said that he received a request from Layne and Beth Klein (Klein Farms) to preserve their 44 acre farm. 

Mr. Klein addressed the BoS and said that at this time his is the only dairy farm left in Forks Township.  He added that there are four grain farmers (a couple of them are part time), and a couple of vegetable farms.  He owns 51 acres, his mother has 30 acres, and he rents an additional 100 acres. 

At this time, Klein Farms, number two on the Northampton County Farmland Preservation list, has been accepted into the program.  Forks' other preserved farm, the Elsie Brown Farm, is adjacent to the Klein Farm. 

Mr. Klein said that part of the application process included an appraisal by the county at a cost of $1,000 (to be reimbursed) and a second, independent appraisal that cost him $3,200.  In both, the land is appraised as farmland and again as developable land.  The county pays farmers the difference between the two appraisals (as a farm and as developable land) using the average between the county appraisals and the independent one. 

Mr. Klein said that he wants a little more help.  Williams Township, for example, pays farmers (of preserved farms) the difference between the amount approved by the county and the amount of the independent appraisal. 

Preserved farms become deed restricted and can never be developed.  They must always be farmed.  Mr. Klein said that it is in the Township's interest to preserve farms.  He also wants to "preserve" his mother's farm. 

Klein Farms draws customers from the area and even from as far away as New York City.

Mr. Klein noted too, that Victaulic is "at the back door" and has approached him about buying his land.  He thought the best case would be that Forks do something like Williams Township has done (to help farmers.)  And, he reminded the Supervisors that they all ran on farmland preservation platforms. 

Howell said that he (Klein) was right, that there has been "a lot of talk and no action."  Lower Mount Bethel, Upper Mount Bethel, Bushkill, Lower Saucon, and Williams have all "joined the club."  Williams has money from Chrin as well as a fund for farmland preservation. 

Howell assured Mr. Klein that the BoS is intent on doing something and will begin the referendum process.  He asked Mr. Klein to write a letter to the Township Manager detailing what he would like to see happen. 

Klein noted that Northampton County has just celebrated preserving 10,000 acres of farmland and that Forks has only 100 acres preserved - or 1% of the total.  He said that Township help would be appreciated and that "farmland is worthless without the farmer - it has to be farmed." 

Nicholas asked (Solicitor) Kline what the process is for preparing a referendum for voting in 2009.  Kline suggested that if the BoS wants it to be successful that it should look at what other municipalities have done.  He said that in the case of Upper Saucon, both the Supervisors and an active citizen committee got the referendum on the ballot.  It missed being passed by only a few votes.  The process can take a year and probably would have passed in Upper Saucon had the economy not collapsed.  Convincing people that it is appropriate to raise taxes is difficult.  Kline said that he has information on the process and will make it available to the BoS.  Also, the conservancies have booklets for guidance.

Howell said that he and Egolf can arrange to have a forum like the one they attended on open space.  He said that it "takes an army with strategies to reverse the DNA for no more taxes."  Howell asked Mr. Klein if he would like to play a role and Mr. Klein said "yes."   

Chuss offered that he has been involved in the Township for 15 years (eight of them on the Planning Commission) and during that time farmland has been a hot issue in the Comprehensive Plan - yet nothing has been done.  He went on to say that "here we have a farmer stepping up and asking for help..."  Chuss said there's been enough talk.  He doesn't see the need for more committees and more discussions and would like the BoS to look at the Klein request in January.  And, he added that residential development puts a lot more burden on townships than businesses do.

Nicholas said that the Finance and Administration committee is going to be working on a three year plan.

Open Records Policy (Rick Schnaedter, Township Manager) - Schnaedter explained that this is a revised "right-to-know" policy.  He said that PSATS provided a sample ordinance and he filled in the blanks.  The copy cost will remain at $.25 per page.  Costs for copy orders of 100 pages or more can be collected in advance of copying.  The rules will be posted on the website and in the municipal building.  The ordinance designates Schnaedter as the Township Open Records Officer.  Egolf said that the typos should be fixed.  The vote to approve the open records policy was was 5:0.

Estate of Elsie Brown Preliminary/Final Major Subdivision Plan (Tim Weis, Zoning Officer) - Lou Ferrone, project engineer, explained that this is a simple lot line adjustment to add 1.5 acres to the Daub residence on Kline Road.  The septic system on the 1.5 acres serves the Daub residence and the land is exempt from the conservation easement.  The plan is to add the land to accommodate the septic easement. 

The plan was approved 5:0, with waivers (for plan scale) and based on Keystone Engineering's letter.

Ordinance No. 311 - Adoption of EASJSA resolutions (Karl Kline, Solicitor) - Kline said that the EAJSA (Easton Area Joint Sewer Authority) is required by the Environmental Protection Agency to adopt new streamlined rules.  The rules add a new section (150-62).  Ordinance No. 311 is an ordinance to ratify the ordinance/resolution.  Howell asked if Forks is the first (member municipality) to do this and Kline said that Forks is in fact, the last.  Kline said that it took a year to get a response to his request for a list and that response was that there is no list yet - that it is being prepared.  He remarked that it is a "good idea to know what we are enforcing so that we can all sleep better at night."

The vote to approve advertising the ordinance was 5:0.

Brake Shop of Lehigh Valley - Conditional Use (Karl Kline, Solicitor) - Kline summarized and said that Bradley Fleming, President of The Brake Shop of the Lehigh Valley, Inc. (dba the Brake Shop & Auto Repair) proposes leasing space in the former Baurkot beer distributor building on Sullivan Trail.  Kline said that car repairs, per the zoning ordinance, is a conditional use in the EC (Employment Center).  A conditional use means that the use is acceptable but is subject to further review.  The hearing was held at 6:30 PM.

The Board reviewed and voted 5:0 on the first eight requirements (to be met).  At requirement #9 (does the Township want it?), the vote was again 5:0 with the conditions cited by the Planning Commission (buffering of lights, cars under repair stored inside, and attention paid to the required needs of other future tenants) and Keystone Engineering's letter.

Comment from Georgeann Wambold, Planning Commission member - re. Kline Farm issue - Ms. Wambold said that she believed it imperative that the Township do something quickly.  She added that recently the Township gave quickly to others and that Farmland Preservation is important in the new (still in draft) Comprehensive Plan.  Ms. Wambold served on the 2008 Comprehensive Plan Farmland Preservation subcommittee.

Executive Session - There was an executive session to discuss a personnel issue.  No action was taken after the session and the meeting was adjourned.

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