BoS Meeting Notes & Solar Ordinances Public Hearing - 3/18/2010

Public Hearing - Solar Ordinances 314 & 315 - 7:00 PM

Both Solar Ordinances were explained by Solicitor Kline.  He said that the impetus behind the preparation of them by the Planning Commission (PC) was the approved Crayola solar farm on 15 acres near its plant on Church Road.  The PC gathered language from solar ordinances of other municipalities and used that language to craft Forks' two new solar ordinances, 314 and 315. 

Ordinance 314 allows solar panels as a residential accessory use in any zoning district and applies to the Zoning Ordinance.  Ordinance 315 applies to the SALDO (Subdivision and Land Development Ordinance) and controls roof and ground arrays for lawful non-residential use in any zoning district.  Ordinance 315 also provides for the decommissioning of solar installations that are no longer in use (or at the end of their useful lives) - after a period of six months.  In fact, if the sites are not decommissioned, the Township can step in after written notices have been sent, do the work, and charge the land owner. 

The reason that one ordinance applies to Zoning and one to SALDO is because when a resident wishes to add solar panels as an accessory use, a land development plan is not generally submitted.  However, non-residential solar installations do require land development plan submissions and therefore must be in compliance with all SALDO amendments.

The MPC (Municipalities Planning Code) requires specific actions in order to adopt ordinances.  There must be a PC public hearing (there was), the ordinances must be submitted to the local regional planning commission (LVPC - they were and the comments returned were basically favorable), and there must be a Board of Supervisors public hearing (in process now). 

In discussion, Supervisor Howell asked how long after approving the ordinances before they are in effect?  Kline replied that ordinances are generally in effect five days after being enacted. 

Howell said that he has been contacted by an individual inquiring if the Township has any plans for a wind generation ordinance.  Kline said that the PC had considered it and as he recalled, the consensus was that Forks was not a primary area for wind turbines.  PC Chairman Dean Turner added that wind tower rules are already in the Zoning Ordinance.  Vito Tamborrino (PC Vice Chairman) added that zoning requires fall zones and setbacks that are outside the range of most Forks residential properties. 

Howell said that he was thinking of roof top windmills attached to chimneys.  Turner said that the PC thought that there would not be enough power generated by them to make a difference.

Kline offered that if the power generated is just to be sold back to a public utility, it is regulated by the Pennsylvania PUC.

Ron Roth, Career Institute of Technology Director (and Forks resident), commended the Township on the new solar regulations and for encouraging solar power.  He said that CIT is in the early stages of investigating the installation of solar panels at the school.  At the moment, they are gathering preliminary information and have a two month agreement with an energy management company for a study.  The CIT building is totally electric and the estimate is that solar will give them an electricity cost reduction of 17%.  He said that lowering the peak demand on the grid, will lower the the cost of the balance of their electric use.

Mr. Roth said that the school intends to erect a combination of ground and roof mounted systems.  They will be almost invisible from the street.  He will be back before the BoS in a few month for approvals.  Roth added that there will be a kiosk in the school describing what is happening.  Everyone is pretty excited about it. 

CIT has read the ordinances and will have no trouble complying with them. 

When asked about the Crayola solar farm size and the CIT installation size, Roth replied that they can see the Crayola installation from their property.  The land being used by CIT is not a huge piece and is triangular in shape.  It is being combined with a roof top array and Roth does not know the size.  He added that the roof top mounts will be held there by ballasts and holes in the roof top will be unnecessary.  They will withstand 90 MPH winds.

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Regular Meeting - Agenda

At this meeting, Supervisors:

• Unanimously approved both new Solar Ordinances, one for the SALDO and one for the Zoning Ordinance.  Read Tony Nauroth, Express Times and see below for details.
• Agreed to send a letter to Senator Mensch in support of the bill (currently in the PA Senate) to allow accredited police departments to use radar guns. 
• Learned more about the progress of the Meco/Sullivan traffic light.  It might even be out for bids this summer.
• Agreed to wait two more meetings before deciding on the bid award for the CMX designed amphitheater plan while cheaper options are investigated.  Read Tony Nauroth, Express Times and see below for more details. 
• Appointed Supervisor Egolf to be the Township's Bushkill Creek Watershed representative.
• Approved the purchase of a $16,500 replacement scanner for the Zoning and Sewer Departments. 

Approval of Minutes

The vote to approve the minutes from the March 4th meeting was 4:0 (with Supervisor Egolf abstaining) but only after the minutes were corrected as follows:

• Supervisor Howell asked Supervisor Rogers if the wording regarding the Recreation Board discussion should state that the Recreation Ordinance was to be reviewed and rewritten by the Recreation Board and then to be forwarded directly to Solicitor Kline for review.  Rogers agreed that is what it should state. 
• Chuss corrected the part mentioning Mrs. Hanks' agreement that she had received what she requested in her open records document request.
• Solicitor Kline corrected the section of his Township report to read that the motion to dismiss was filed by all the defendants in the Strausser Federal law suit.

Public Comments (non-agenda)

• Melody Talpas - resident and FTYSO (Forks Township Youth Sports Association a.k.a. Forks Township Athletic Association) Secretary - gave a brief report to the Board of the activities of the FTYSO (Forks Township Youth Sports Organization a.k.a. the Forks Athletic Association).  To date 763 Forks children are signed up for spring sports - 378 for baseball, 242 for softball, 61 for lacrosse, and 82 for cheerleading.  She said that the group is working with Mark Roberts and the grounds crews to be sure the fields are ready for spring sports.  Also, the FTYSO is coordinating a "walk" of the five acre parcel (between the Community Center and College Park Estates to the west) with Supervisor Billings, Township Manager Schnaedter and nearby resident Eric Konecke (who has voiced concerns over the possible uses for the land.)
• Dean Turner - resident (and Chairman of the Planning Commission) - spoke to the Board regarding the traffic on Richmond Road.  He said that he moved to the Township 17 years ago and back then, he could tell when the shifts changed in the industrial park because that's when there was traffic on the road - at 7, 3, and 11.  Today he fears for the kids crossing the street to get to the playground.  He recently saw a car pass a school bus at a high rate of speed - while kids were getting ready to cross the road in order to board the bus.  Speeding is a problem.  The traffic light at Elizabeth and Sullivan is the only light where drivers can get from the eastern side of the Township to the western side.  Turner offered that the Township should focus on "opening other paths along Sullivan Trail so that people on the eastern end of the Township can get to the western end of the Township." 

Supervisors Comments 

• Supervisor Chuss - in response to Turner's comment (above), asked Chief Dorney about "slow down" signs.  Dorney said there were two stop sign violations issued today at Elizabeth Avenue.  Traffic enforcement will increase now that the weather has improved.  Turner wondered if the Township could purchase a portion of the Jackson farm in order to allow Ramblewood to be continued through to Town Center.  He suggested that the residents who live there would know about the extended road and would use it. 

Dorney said that there is proposed legislation to expand the use of radar guns to allow accredited police departments to use them.  Currently PA is the only state in the country where municipal law enforcement is not allowed to use radar.  Dorney said the bill passed the House and is sitting in the Senate.  Supervisor Billings asked if it would help if the Board sent a resolution of support to Senator Mensch?  Supervisor Howell thought that a bigger voice would be created if all accredited police departments take a position in favor of the bill.  Dorney said that that is being done through the PA Chiefs Association.  Solicitor Kline noted that if PSATS (Pennsylvania State Association of Township Supervisors) took a position in favor, it would carry some weight with the Legislature.

Billings made a motion to have Township Manager Schnaedter write a letter in support of the Senate bill for the use of radar guns in the Commonwealth of PA.  Supervisor Egolf seconded.  In discussion Howell said that the letter should stress public welfare and safety and should be personalized with Forks' density.  Egolf noted that Forks has had a rapid increase in population and the roads are not designed to handle it. 

The vote was 5:0.

Egolf added that Forks should not lose sight of the stipulations in the newly revised and rewritten Comprehensive Plan that strongly address the Township's problems with east/west and small roadways.  It is "pretty much a mandate for us to start working on this."

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 $7,722,913.

Chuss noted that the Board should do what it can to encourage Township residents to respond to the 2010 census.  It is very important when it comes to the allocation of monies from State and Federal governments.  He asked that something be put on the Township website to remind people to fill out their census forms.  Rogers said that the "census bureau" will be available at the Community Center from 5-8 PM M-F (March 19 through April 18) to answer census questions.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that the next meeting will be on Wednesday, April 14th at 7:15 PM.  He took a few moments to acknowledge, on behalf of the Board, the "absolutely superb work" by the fire, police, and public works departments in preparation for possible flooding.  He also commended the fire and police departments for their handling of the "Giant episode" and said that it is nice to know that Forks' "public service forces are prepared, well trained, stay calm, keep our friends and neighbors and citizens safe..." (Applause)

Police Chief Dorney reported on the committee's meeting.  He said that it was lengthy and items discussed included current grant funding and preliminary applications for items "coming down the road."  Also, discussed were a possible resolution that may come before the Board ("a matter of routine practice") as well as recent vandalism in the park and community policing initiatives to prevent it - including bicycle deployment. 

Fire Chief Chapman said that the fire department is working on revisions to their standard operating procedures to present to the Board in the spring or summer.  The new fire engine blueprints have been approved by the fire department and delivery is expected in late July.

• Public Works - Supervisor Howell - reported that the committee had a short meeting a week ago and reviewed the Township snow plowing policy for both dedicated and non-dedicated roads as well as the naturalizing condition of the recreation paths in the winter; they are left unplowed.  He said that the Braden lavatory is almost operational.  Its sewer and water hookup will be tested when weather permits.  Also discussed were "some of the needs" for the five acre parcel (between the Community Center and College Park Estates).  DPW Director Roberts plans to grade it when the weather permits.  It is expected that it will be seeded and re-seeded and ready for the fall.
• Parks & Recreation - Supervisor Rogers - said that there had been no meeting since the last BoS meeting.  The next meeting is set for April 7th at 6 PM.
• Community Relations - Supervisor Chuss - said that the committee met on March 8th.  The next committee meeting is Monday, April 12th at 4:30 PM.  Chuss said that the newsletter proof was received with errors and was resubmitted back to the editor for "update."  He hopes that residents will have it at the end of the month.  Chuss asked that anyone who sees website content changes that should be addressed notify the committee.  They are planning to meet with the website provider this spring to discuss website updates.  Chuss said that there is no update yet on the new Community Days coordinator.  He said that there has been concern expressed that the normally scheduled weekend, the second one after Labor Day, falls on a religious holiday.  Chuss noted that the inaugural meeting of his arts society was held on March 16 and was attended by 15 enthusiastic people of diverse backgrounds.  The next meeting will be on April 14th at 7 PM in the Community Center - going forward they will meet on the second Wednesday of the month at 7 PM in the Community Center.  Some of the group is looking at sample bylaws and investigating the requirements for 501 (3)(c) status.  He asks that anyone with questions contact him. 
• Finance & Administration - Supervisor Billings - said that the next meeting will be on Wednesday, April 14th at 6 PM.

Township Manager's Report - Schnaedter said that the Lehigh Valley Insurance Cooperative has refunded $186,857 to Forks.  He attributes the refund to the follow up of claims and preventative measures taken.  Schnaedter said that this is the fourth year in a row that the refund is over $100,000.  Howell asked if the money goes back to the general revenue account?  Schnaedter said that the money is kept in a reserve account.  So far 60% has been received and there are no pending cases. 

Engineer's Report - Muller reported that the Meco/Sullivan traffic light continues to move forward.  PennDOT has come back with revisions based on the meeting with Verizon and MetEd.  The site's utility poles are an issue - what has to be relocated and what does not have been noted.  Benchmark is working on the plan revisions.  The horizontal geometry of the site has to be approved.  The approval for the signal was received Jan. 31st (or Feb. 1st).  It is an ongoing issue with PennDOT.   Muller said that he continues "to push it to make sure it gets done."  He said, "We're almost there." 

Muller said that he and DPW Director Roberts discussed the sanitary sewer lines that are to be replaced this spring on Sullivan Trail.  He is working to get that done before the road realignment for the signal installation at Meco/Sullivan. 

Chuss asked if the PennDOT requests are reasonable?   Muller said that they are, however, some of the issues are because the initial engineering survey missed things - including some poles (not the utility companies' fault).  He would like to get the project out to bid sometime this spring so that it can get done this summer.

Muller said that he met with Roberts, the old Township engineer, and the GIS representative from his firm, Gilmore & Associates, regarding the GIS system in the Township.  He said that great strides have been made in the first couple of months in getting things up-to-date.

Muller has also met with Roberts regarding storm drainage issues on another intersection and will review the survey and make recommendations so that Roberts can move forward and get it re-topped. 

And, lastly, Muller said that there are a couple of small subdivision plans and land developments in the works.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

None  

NEW BUSINESS

Ordinance 314 - Solar Amendment to Zoning Ordinance Approval
Ordinance 315 – Solar Amendment to Subdivision and Land Development Ordinance (SALDO) (Karl Kline, Solicitor) - Kline explained that basically if one has a house in any zoning district a solar energy accessory use is allowed.  If one wants to generate solar power for one's own non-residential property it, too, is allowed in any zoning district.  There are provisions in the ordinances for ground and roof top arrays.  The ordinances were drafted by the Planning Commission (PC) which held a January 26 public hearing.  They were reviewed by the LVPC (Lehigh Valley Planning Commission) who commented favorably.  The Board of Supervisors' public hearing was earlier tonight at 7:00 PM. 

Billings motioned to accept ordinance 314.  Howell seconded and the vote was 5:0.

Howell motioned to accept ordinance 315.  Egolf seconded and the vote was 5:0.

Inter-municipal Sale of Police vehicle (Rick Schnaedter, Township Manager) - Schnaedter said that a Board member from the Borough of Roseto approached him regarding the purchase of one of Forks' two old police vehicles.  They are used only in emergencies.  Schnaedter said that the Borough representative liked the 2003 Crown Victoria with attached light bar and 105,366 miles on its odometer.  He spoke with Dorney and with Roberts and they said that the Township should be able to accommodate Roseto (including the light bar).  The price developed from past sales history of old vehicles was $1200.

Egolf made a motion to sell the vehicle "as explained and described" to Roseto.  Kline said that in an inter-municipal sale, the advertising and bid process are not necessary.  The vote was 5:0.

Awarding of the Amphitheater Contract (Rick Schnaedter, Township Manager) - Schnaedter said that CMX reviewed the amphitheater bids and that Bracy Contracting submitted the low bid of $360,000.  All bids were also reviewed by Kline to verify that they were proper and contained all the necessary documents. 

Billings asked if the $360,000 bid is the amount for everything and Schnaedter said that the paving will be done by the public works department.  An alternative bid was requested should the paving work be contracted.  Bracy's was low bid at $17,600 (or $11/square foot) for the paving.

Chuss said that he is concerned about the overall cost including the $46,000 already paid for the architectural work.  He said in looking at the site as a whole, the project is pushing into the $500,000 cost range.  He said that although he is supportive of an amphitheater, the Board should look at other alternatives.  He personally feels that this simple amphitheater has been "over-engineered."  Chuss added that the five year recreation plan is due next month and this project will eat up a lot of the $1.8 million in the recreation fund (before knowing what other projects will need money.)  He said that one can get quite a house for that amount of money and this does not seen like a good value to him.  Chuss asked that the Board look at alternatives.

Howell said that two years ago the Parks & Recreation Standing Committee viewed a lot of proposals and some were quite nice.  He said that he wouldn't approve this plan without also approving a restroom and asked Schnaedter how much the Braden rest room cost.  Schnaedter said it was about $40,000.

There was additional discussion and Schnaedter reminded the Board that although (when they last looked) the prefab structures cost $150,000 to $180,000, they require costs for delivery and construction which can bring prices close to $300,000.  Several firms could not provide the committee with an idea of those costs.

Egolf said that he has reservations about the general design of the CMX structure.  He said that he sat in on one of the planning sessions with engineers, architects and area vendors.  There were many questions raised about how to put it together and how the panels would be hung.  He saw dollar signs mounting.  He is worried about change costs and structural problems.  He said that it seemed to him that things weren't clicking and he got a strange feeling that this was not the right path.  Egolf said that he does want an amphitheater.

Billings said that he is worried that the cost number is not something that the community is comfortable with - yet he does not want "nothing" to happen.  He feels that if it is to be tabled, it should be time bound.  He asked Schnaedter if the Township is still trying to get programs for the facility. Schnaedter said that he approached the Business and Commerce Association of Forks (BCAF) about two years ago and they were very supportive of being involved in cultural programs for the community.

Schnaedter said that he will provide the Board with details of one of the earlier structures the committee looked at along with a sketch from a pamphlet and estimates for construction.  Howell said that he and Muller can look at them with Schnaedter.  Muller said that he will look but construction costs are not his (nor his company's) area of expertise.  He suggested that Bracy be asked to look at them.  Schnaedter said that a municipality that constructed one of these (less than three years ago) has been identified.  He will get their cost (and caveat) information.

After confirming that the bid package indicates the bids are firm for 90 days, Howell made a motion to suspend consideration of awarding the contract for two meeting dates to the second meeting in April.  Billings seconded and the vote was 5:0.

Chuss asked Rogers if the Board will have the five year recreation plan next month.  She said yes.

Construction and maintenance agreement – CMX (Rick Schnaedter, Township Manager) - Schnaedter noted that in light of the situation with CMS and after prior consultation with DPW Director Mark Roberts and Township Engineer Muller, it was felt that having a backup hourly rate agreement in place should concerns or questions arise during construction was a good idea.  CMX declined and instead gave a single line item bid.  Schnaedter recommended rejecting the proposal.  Kline said CMX submitted the proposal and no action is necessary by the Board.

Purchase of Zoning Scanner (Jim Farley - Finance Manager) - Farley said that a replacement scanner for the zoning and sewer departments was included in last fall's budget.  At the time, the money was to come 50% from the zoning capital account and 50% from the sewer capital account.  The price is contracted by PA.  The unit selected is from OCE North America and costs $16,519.  It is compatible with all the other department equipment.  The old machine is from the 1970s and the inputs on it do not match the computers.  Special adapters must be purchased.  And, it is time to renew the maintenance agreement as well as buy supplies. 

Egolf made the motion to purchase and Billings seconded.  In discussion, Howell asked if the new scanner can do 8-1/2" X 11".  Weis said that it can.  He said that it is a color scanner.  The old one is black and white and should it break, there may not be parts available. 

Howell said that the administration side of the office does not have a (regular format) scanner.  Farley offered that with the purchase of software, the office copier can do scanning.  He will get prices on the software.

The vote to purchase the new large format scanner was 5:0.

Bushkill Creek Watershed – Designation of a Representative (Rick Schnaedter, Township Manager) - Schnaedter said that he received a letter from Northampton County asking that the Township appoint a representative to the Act 167 Watershed Advisory Committee.  He will be responsible for attending at least four meetings, for reviewing and commenting on the plan, and for reporting back to the municipality on the plan process.  Howell nominated Egolf.  Rogers seconded.

Egolf said that he has spoken with Geoff Reese (sic) of the Lehigh Valley Planning Commission (LVPC).  He is in charge of this program.  He (Egolf) is also on the Bushkill Stream Conservancy and he wanted to be certain that there would be no conflict of interest.  Egolf was told that there is no conflict of interest posed by serving both groups and he said that he is interested in doing it. 

Egolf said that he also learned that it is important for the Township Solicitor, Township Engineer, and Chairman of the PC to be aware that the end result will be a municipal ordinance.  Reese suggested that they should all be on the Bushkill Creek Watershed mailing list for announcements, minutes, and updates to keep them apprised of what is going on with the committee.

The vote was 5:0.  Schnaedter will write a letter to advise the Bushkill Creek Watershed group that Egolf was chosen to be Forks' representative.

Executive Session - There was no Executive Session and the meeting was adjourned. 

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BoS Meeting Notes - 12/17/2009

Regular Meeting (agenda)

Four plus hours of meeting resulted in Supervisors voting 4:1 for the public works garage concept produced by Kimmel-Bogrette Architecture.  There was much discussion between the Board and residents who own properties near the intended site.  For more details, please read Sara Satullo's Express Times article.

On this night, Supervisors also approved a new fire truck purchase, a renewal of the fire coverage contract with Stockertown, and the 2010 budget.  There will be no tax increase for Forks property owners in 2010! 

Supervisors also learned that developer Gary Strausser has filed yet another lawsuit against the Township and, this time, also against Township Solicitor, Karl Kline, and Board Chairman, David Howell.  Strausser alleges that he has been deprived of his constitutional rights - because the Township is enforcing its cash escrow policy and filing deadlines.  See Michael Buck, Express Times, and Christopher Baxter, Morning Call for more.

It was also a night of retirements from the Board and from staff.  Supervisors Miller and Nicholas were presented with plaques and words of appreciation for their years of service to the Township.  Miller served on the Board for 24 years.  Nicholas served one term as a Supervisor and before that was on the Zoning Hearing Board (for one plus terms).  Township Engineer, Fred Hay/Keystone Engineering, said that Keystone worked for the Township for 13 years. 

Miller listed some of his accomplishments including the expansion of the park from 20 acres to over 50 acres, the creation of a park plan (by URDC) that has been followed in the development of the park, the recreation path, the log cabin, and the park arboretum.  The arboretum theme is "trees around the world."  Miller said that Forks has one of the nicest community parks in the Lehigh Valley.

Nicholas thanked everyone for "tolerating" her for the last six years.  She said that the Township has a really good group of employees and that she is leaving the Township in good hands.

Hay said that being associated with Forks Township for the past 13 years has been his (and Keystone's) privilege.

Public Comments (non-agenda) -

• David Hoff, former Forks Supervisor, addressed the Board and spoke to Don Miller's first election 24 years ago.  He congratulated Miller for serving for 24 years and said that Miller only got into politics because they (the Recreation Board and the Athletic Association) were convinced that they needed someone to watch out for recreation - and that he did.  Hoff said that Miller has served the community well and he thanked him on behalf of "the generations of children and adults yet to come" who will enjoy what he has done in the community.
• Ken Nagy, Forks resident, spoke first to what he referred to as "airport expansion."  He said that larger fuel tanks and a larger terminal constitute expansion.  Mr. Nagy said that this expansion deals with traffic at Braden and Queen City airports noting that it would be foolish for the Airport Authority to sink money into Braden without a some sort of return.  He said that the Airport Authority is really talking about expansion, including increased traffic and night operation.  Mr. Nagy said that the property the airport sits on, because of the coming Tatamy/Palmer Route 33 interchange, is going to be worth a heck of a lot of money.  He said that Allentown desperately wants the Queen City land for its tax base and that Braden will likely see some transfer of traffic.  He said that he "would like to see the community take the land back."

Mr. Nagy also addressed "open space" and asked the BoS to ask Solicitor Kline to write a letter to Northampton County Council saying that they have reneged on the open space contract and that Forks wants its 1/4 point back - so that it can be used for its own projects.  The monies paid for open space are now part of the County's general fund.  He said that he is aggravated by projects outside of the county receiving funding while County farms sit on the list.  Mr. Nagy said that he is disappointed that "you people" did not push harder for the open space committee to do something.  He suggested that BoS meeting nights be changed so that some of "you" can attend County meetings (held on the same nights).  He said that what is in the newspapers is not what goes on there at all. 

• Sandy Hanks, Forks resident, asked the Board if the Township has an ordinance that deals with weight limits on certain roads.  In particular, she said that she saw an open type tractor trailer (like a grain truck) turn onto Frost Hollow Road.  Chief Dorney said that Frost Hollow is a State road and that if she sees another truck on it of that size she should call Forks police.   He said that the department has two officers on day shift who are certified in truck weight limits.   Mark Roberts, DPW Director said that there were salt deliveries today and that the truck she saw was one of the delivery trucks. 

Mrs. Hanks also asked who is responsible for the care of sidewalks in Riverview Estates?  She said that there is a portion of sidewalk missing on Winchester Dr. and there is a utility box in the way.  She said people run there at night and someone recently fell.   She said that it is a safety issue and should be marked with yellow tape or a saw horse.  Howell said that Winchester belongs to the developer and has not yet been dedicated to the Township.  Township Engineer Fred Hay said that the completion of the sidewalk is on the punch list for Riverview Recreation Phase 1.  It is Strausser property and the improvements must be done by June 2010.  Hay added that most of the improvements on the punch list have been completed.

• Jeff Sargent (sic), of Northeast ITS told the Board that his company has submitted drawings and a letter to the Township.  They are laying 350-400 miles of fiber (cable) from Ohio through New Jersey.  He said that he was at this meeting as a "courtesy call."  He said that the letter contains contact information and a brief synopsis of the project.  Mr. Sargent said that although this is being done in state rights-of-way, they are contacting all the townships impacted.  He said that when they come through an area they place hangers on doors.  The hangers have 800 numbers and contact information.  This west to east line is now in Mercer County and it will cut through Forks near Bushkill Park Drive and then go east to Easton.  There will, at a minimum, be a meeting with PA One Call.  They notify all the utilities in the townships.  The majority of the line is installed by drilling - it is bored and the fiber is pulled through.  Cross-country lines have indicator posts installed but in towns, curbs are marked instead.
• Nancy Walters, Forks resident, urged Supervisors to pursue a more aggressive path for re-cycling.  She suggested that Forks consider, in addition to its existing curbside recycling, a recycling center.  She offered that Bethlehem's facility is nice and is on a relatively small piece of land.  It generates an income stream, part time jobs, and mentoring positions for young people.  She thought that the Frost Hollow property (where the current DPW garage is) might be a suitable site.  She also encouraged the Board to sponsor e-waste and hazardous waste programs. 

Mrs. Walters also said that she is involved with the Kiwanis Club.  She asked that, since
we are all aging" that recreation for adults become a focus. 

And, she told the Board that the YMCA daycare has created a safety hazard on Old Sullivan Trail.  Cars are parked on both sides of the street and parents - "fifty percent of the time on their cell phones" - come "sailing out of there" and cannot see.  Howell said that it is a problem and that two SUVs going in opposite directions on the street would probably hit mirrors.  He said that the Public Safety Committee is aware of the problem and will discuss the sight line further.

Howell also said that she will be contacted when discussions begin on the second life of the Frost Hollow public works site.

Supervisors' Remarks:

• Supervisor Nicholas said that she attended the Community Days committee meeting last week and learned that Susan and Harry Bennett, current joint chairs of the committee, are moving from Forks to Palmer Township.  The bylaws require residency - and happily the Bennetts have offered to help after they move.  Neal Fehnel has offered to vice chair the committee.  A chairperson is being sought.  Howell suggested that he and Township Manager Schnaedter use their association with the Forks Business and Commerce Association to "put some muscle on the project" - but citizen participation is needed as well.  Susan Bennett said that the Forks Township Community Days now has non-profit status and has applied for grants - some businesses, like Crayola, require a list of officers.  On that application she wrote "to be announced" for president, for vice president she wrote Neal Fehnel, for secretary, Dan Whiting (sic), and for treasurer there is no one.  At the moment, the committee has an impressive steering committee.  She said that the time to act is now since letters seeking funds go out in March.  Mrs. Bennett suggested that Nicholas become president of the group since she has been involved since its inception.  Howell expressed his appreciation of the work that the Bennetts have done every year. 

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 $7,739,994.

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

• Public Safety - Supervisor Howell - said that this was his last year as chairman of the committee.  Next year, Supervisor Egolf will be the chairman and the 2010 meeting times will be set at the Re-Org meeting on January 4th.  The main topic at this past week's meeting was the fire and vehicle rescue assistance agreement with the Borough of Stockertown.  It is on tonight's agenda.
• Public Works - Supervisor Chuss - reported that the committee met on December 8th and reviewed the DPW garage site plans, any concerns about it, and any potential cost savings.  Also under review was the Meadow Lane property issue.  Chuss said that this was his last meeting as chairman of the committee and that next year Howell will hold that position.  He said that this has been a good year and thanked everyone for their help and support. 
• Parks & Recreation - Supervisor Egolf - said that, with the help of Supervisor Nicholas, this was an extremely successful year.  Because the meeting time was changed to evening, the committee met almost every month with the Recreation Board and the Athletic Association.  Among the accomplishments in 2009 was the tot lot and basketball court a Penn's Ridge, replacement of the outdoor exercise equipment in the park, the park tennis and basketball courts were reconditioned, plans were begun for the amphitheater, the five acre parcel (behind the community center) was graded and seeded, and rest rooms were installed at Braden and Lafayette fields.  Egolf said that the committee had a very successful meeting last Monday.  Next year, Supervisor Rogers will be chair and assistant chair will be Supervisor Billings.  The Recreation Board priority list, part of its five year plan, has top priority.
• Community Relations - Supervisor Miller - said that the last meeting was cancelled and that in January, Chuss will chair the committee and Howell will be assistant chairman.
• Finance and Administration - Supervisor Nicholas - said that the committee met on December 9 and reviewed the monthly finances.  She said that they Township did rather well and is $700,000 "up."  Of that, $270,000 will go to the carryover accrual.  There should be $500,000 in total carryover for bills at the beginning of the year.  The committee also reviewed agenda procedures, community center rentals and rates, the police server, evaluation forms, a fire truck, the public works garage, goal setting, the police retirement plan, and wrestling building rentals.

Howell introduced the new Supervisors, Michele Rogers and David Billings.  Rogers will be chairing the Parks & Recreation Committee and Billings will head the Finance & Administration Committee. 

Township Manager's Report - Schnaedter - said that his written report was before the Board and unless the Board had questions, he had no additional comments.  Howell commented that Forks has never had such well written and organized manager's reports.

Engineer's Report - Fred Hay - agenda items only.

Solicitor's Report - Kline - said that Gary Strausser has filed another lawsuit against the Township and this time also against Township Solicitor Kline and Supervisor Chairman Howell claiming that his civil rights have been violated by the enforcement of the Township's cash escrow requirements and plan filing deadlines - the same rules that apply to all developers.  Kline said that Mr. Strausser has signed contracts agreeing to the cash escrow requirements and now he says that they deprive him of his constitutional rights.   Kline offered that the suit has no merit whatsoever and that it is an effort to intimidate and bully the Township.  "The Township has not and will not give in to such tactics," said Kline.  All developers must "abide the rules specified by State law."  

Kline also said that he heard from Alfero Construction's owner who wanted to know why their land development plan was rejected.  The Alfero plan was rejected by the BoS at its December 3rd meeting because there was no activity and the engineer's comments (and letter) were ignored.  If the Township does not act within a certain amount of time, a plan can be deemed approved.  And, the Board had to act in order to avoid a deemed approval.  The developer did not show up at the Planning Commission (PC) meeting so the PC recommended rejection.  The developer did not show up at the BoS meeting either.   Kline said that Alfero's engineer apparently did not advise him of the correspondence and meeting dates.  Alfero asked the Board's consideration and told Kline that he plans to appear before the Board at the January 4 meeting. 

Chuss questioned having a regular business meeting after the January 4th Re-Org meeting and was reminded that if one wasn't held then, it would have to be held on the first Thursday - January 7th - and that the BoS customarily has the regular meeting following the Re-Org meeting.

UNFINISHED BUSINESS

Final Adoption of 2010 Budget (Jim Farley, Finance Manager) - Howell remarked that the budget process was an arduous task led by (Finance Manager) Farley and Schnaedter, who kept the process on schedule, met with staff, met with the board, and complied with statute requirements. 

Farley said that the process began in October with (open to the public) work sessions with department heads.  It continued with the first draft submission and its posting on the Township website.  On November 19th the draft was tentatively adopted by the Board.  It was available for public view on both the website and at the Township office.

Revenues are projected at $7.483 million against (projected) expenses of $7.386 million.  The $96,000 surplus will be used to build the yearend carryover.  The purpose of the carryover is to fund the first few months of the year.  There is no revenue stream in the first few months of the year - until the tax bills are mailed out and payments are received. 

Farley said that the goal is to hold the line on expenses and look for the most frugal ways to do business while keeping services where they are now.  Egolf made the motion to accept the 2010 budget, Chuss seconded, and the vote was 5:0.  Howell noted that taxes are not being raised and it looks like the Township is in pretty good shape.

Bethlehem Army Reserve Center (Fred Hay, Township Engineer) - Hay explained that the engineer's letter from December 4th and the Army Reserve land development plan, to join two lots, were in the BoS packets. 

Zoning Officer Weis said that the lot line adjustment is part of the approval for the land development.  Chuss said that he thought the Board was to see a presentation of the project. 

A representative of the US Army Corps of Engineers was there to explain the plan and why the Army Reserve is leaving its Bethlehem facility for a new home in Forks - it is because of BRAC, Base Realignment And Closure.  The new site is composed of lots 15 & 16 in Fort James III - on the same side of Braden Boulevard as Weyerhaeuser and just north of it.  It will be home to a 39,000 square foot two story training facility - for 200 reservists, a maintenance facility for military equipment, and unheated storage. 

Chuss said that a presentation was given to the Planning Commission (PC) and that the PC recommended (to the Board) that the Board approve the plan.  However, the Board gives final approval and it likes to know what it is approving.  The same presentation would help.  Howell agreed and said that the Board at least deserves the same presentation.  Nicholas said that she's never had someone come in and say that this is what they want and give no presentation.  She added that the PC is an advisory board only.

Egolf said that he believes the developer (the Army Corps)  should follow the usual procedures and that the BoS should have a full presentation similar to, or the same as, the one given to the PC.  The meeting will be advertised and anyone in the community who wants to see the plans will be aware that the meeting is scheduled. 

Chuss asked if there will be any time implications.  Kline said that the BoS at the last meeting indicated that time was running out and asked the Army to give a time extension.  Zoning Officer Weis contacted Michael Baker, Jr. Inc. and got a letter dated 12/7 granting a 30 day time extension and asking that the agenda item be tabled until the meeting of 12/17.  Kline said that there may be a problem if this goes past January 11th (12/11 letter date confirmed by Weis) without another time extension.

Kline advised staff to be sure the item is on the January 4th BoS agenda and he told the Army representatives to be certain that someone be at that meeting to discuss the land development and the intended uses.  The Board must act on the plan and the lot consolidation at that meeting.

Egolf made a motion to postpone the Bethlehem Army Reserve Center Land Development to the January 4th meeting to review all plans and consider granting approval.  Miller seconded and the vote was 5:0.

NEW BUSINESS

01.  Public Works Facility Presentation / Approval – Kimmel Bogrette (Rick Schnaedter, Township Manager) - The two hour and 24 minute public works garage discussion was described by Sara Satullo in her Express Times article.  Please read it for an accurate summary.  FAC will try, at a later date, to post a short version of the discussion to augment the newspaper piece. 

Added 12/28/2009:  On December 28th, the Morning Call published Christopher Baxter's thorough article and companion summary piece on the cost of building green.

02.  Board Agenda Policy (Rick Schnaedter, Township Manager) - A single motion was made by Egolf to table agenda items 2, 3, and 7 until the January 17th BoS meeting.  The vote was 5:0.

03.  2010 Goal Setting Session (Rick Schnaedter, Township Manager) - A single motion was made by Egolf to table agenda items 2, 3, and 7 until the January 17th BoS meeting.  The vote was 5:0.

04. Fire Truck Purchase / PEMA Loan (Jim Farley, Finance Manager / Bryan Weis, Fire Chief) - Farley explained that the fire truck purchase is part of the Fire Department's 25 year plan.  The net cost of the truck is $544,753.  So far $106,824 has been accrued.  The fire capital purchase allowance for 2009 is $200,000 and in 2010 it is $100,000.  In addition, the Fire Company will apply for a PEMA loan of $100,000.  The remaining $38,000 will come from the Board's "discretionary fund."  Currently that fund has a balance of $561,000.

Fire Chief Bryan Weis explained that this is for an engine pumper truck to replace the 1983 one.  The new engine will meet all current safety standards, be more multi-functional, and have greater flexibility.  The next vehicle scheduled for replacement is in five years. 

Howell asked Kline if the Township must apply for the PEMA loan.  Kline said that PEMA takes the position that the Township must guarantee the payment of the debt, therefore the Township will have debt. 

Nicholas said that she was told at a Finance & Administration Committee meeting that the engine price would not exceed $500,000 and that no money would be coming from the discretionary fund.  Weis said that that was a four year old number and the EPA changes have upped the cost of vehicles.  Farley said that the figures he was working with at the committee meetings were from the 25 year plan which was created about seven years ago. 

Nicholas said that she thinks the 25 year plan should be updated.  Farley agreed and said that the plan was developed when the Township was experiencing significant growth and that is not the case now.

Howell offered that there is no question that the new fire truck is needed.  Nicholas made the motion to purchase, Chuss seconded, and the vote was 5:0.

05.  Police Server Replacement – EZ Micro (Jim Farley, Finance Manager) - Farley said that the police department server was installed in 2006.  It was an emergency installation at the time and it is now time to change it.  The replacement unit will put the department into a terminal/server environment.  It can stand alone or connect into a network.  The current server does not work with the laptops in the patrol cars. 

Approval tonight will mean placing the new server in service in January.

Nicholas made the motion to purchase the server at $8,360.  The vote was 5:0.

06.  Fire and Vehicle Rescue Assistance Agreement with the Borough of Stockertown (Bryan Weis, Fire Chief) - Howell said that Stockertown is asking for a definite term of five years so that it can budget for fire coverage. 

Chief Weis said that the relationship with Stockertown has been good and that the revenues earned exceed expenses.  He suggested adding a sentence to the terms for review and adjustment for economic conditions.  Nicholas agreed and said, "A five year contract locked in at a certain price is way too long."

Kline said that Stockertown wants assurance that the contract is firm for five years but if the Board says it is going to be periodically reviewed for costs, then the contract is totally "open ended" for the future.  The Board would consider using the CPI (Consumer Price Index) if Stockertown will agree to it.

Egolf suggested lowering the number of years.  Weis said that there is language in the agreement that either party can terminate it with 60 days notice.

Nicholas said that the current contract is year to year and if Forks notifies Stockertown by a prescribed deadline of what the new rate will be so that they can budget, it can stay year to year. 

Chuss made a motion for a three year contract extension.  Egolf seconded and the motion passed 5:0. 

07.  Comprehensive Plan (tabled previous meeting) (Dean Turner, Planning Commission) - A single motion was made by Egolf to table agenda items 2, 3, and 7 until the January 17th BoS meeting.  The vote was 5:0.

Executive Session - There was no Executive Session and the meeting was adjourned.

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

BoS Meeting Notes - 8/20/2009

Regular Meeting (agenda)

The size of a night's agenda has very little to do with the length and importance of a Board of Supervisors' meeting.  On this night, the Board learned that although Strausser Enterprises was seeking a phasing change in the Riverview Recreation Center portion of the golf course community, Strausser no longer owns the land.  It was conveyed a year ago to the master homeowners' association.  The BoS has rejected the phasing request and sent it back to the Planning Commission because the plan did not state the name of the property owners and because all of the phase is not complete.  Please read Tom De Martini (the report has the wrong final motion) Morning Call for more details.

Also on this night, the Forks Historical Society was awarded an amount not to exceed $5,000 for the framing of a historic (Forks) photo exhibition to be hung in the atrium area of the Community Center.  Please read Tony Nauroth, Express Times for more.

The Board also learned that the fire department backpacks and air cylinders are out-of-date and not up to code.  The Board and the audience was told by Supervisor Nicholas that because all Township finances are being carefully watched, there is capital money to release for safer equipment for the fire fighters. 

And, KMRD is back!  They have filed an appeal to the Commonwealth Court of their substantive challenge to Forks zoning ordinance.  The Township has submitted a brief.  Oral argument should be sometime this fall (and probably) in Philadelphia.

Public Comments (non-agenda) - None

Supervisors' Remarks:

• Supervisor Miller - said that Forks is 100% compliant with athletic association coach background checks.  (Ref. Palmer Township in the news - Express Times 8/19/09.)

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.  The Township's current outstanding debt is $8,185,310. 

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

• Public Safety - Supervisor Howell - reported that at last week's August meeting, the committee discussed graffiti in general, unregistered cars in public areas, and whether special ordinances versus the existing nuisance ordinance are needed.  At this point, new ordinances are not being recommended by the committee as long as there are prompt responses to complaints.  Also, discussed were:
  • A capital purchase for the fire department.
  • Financial reporting by Suburban EMS (will be every two months).

Supervisor Nicholas commented that the end of Cherry Lane is turning into a dump and she couldn't get her bicycle through.  She noted that there is a truck there with 2004 expired plates.  It was recommended that she send an email to Township Manager Schnaedter and he will forward it to Chief Dorney.

• Public Works - Supervisor Chuss - reported that the committee worked on processing the the quotes for the RFQ response.  They reduced the number to the top 15 and then invited the top five to a series of interviews this week.  DPW Director Mark Roberts added that since July 17th, the committee has been reviewing statements of the 43 submissions and narrowed them to the top five.  They were interviewed this week.  The committee will further narrow its recommendation for the Board to the top three at its next meeting on September 8th.
• Parks & Recreation - Supervisor Egolf - explained that because of vacations and other commitments, only he, Miller, and Nicholas were present at the August meeting.  The committee took no actions and will meet in September to "pick up where we left off."  Nicholas added that CMX will come to the 9/17 (BoS) meeting to present the progress on the amphitheater plans.  She asked that progress drawings be sent to the committee for review before they go before the full Board.
• Community Relations - Supervisor Miller - said that the Township newsletter (Forks Quarterly) is at the publisher and should be in the mail to township homes in 10 days.  Howell remarked that the draft showed that advertising has come a long way since there are ads from businesses outside of Forks.  It shows that Forks is "an economic force for advertisers."
• Finance and Administration - Supervisor Nicholas - reported that the committee met and reviewed the monthly Township finances and that with all departments tightening their belts, the Township is doing better than the budget projections.  She hopes for even better results at year end.
  • Nicholas asked that Schnaedter send a memo to Supervisors to determine what they want re. "going paperless."
  • Stockertown and the fire department agenda procedures will be reviewed at the next meeting.
  • The police pension plan was reviewed.  According to Finance Manager Farley, "it took a big nose dive last year."  They are pressuring the vendor to maximize opportunities to recover and at this point 30% of the losses are recovered.  The hope is that the rest will come back "slow and steady" as well.
  • The fire department request for capital funds was reviewed (see agenda item below).

The next meeting is scheduled for September 9th at 5:00 PM.  Howell noted that Public Safety also brought up the fire department contract with Stockertown.  He said that a Stockertown councilwoman contacted him for an early resolution to the contract so that they can budget for it especially since they may want a contract for police coverage as well.

Township Manager's Report - Schnaedter - reported that he spoke with the senior project designer for Braden Airport's permit application and the plans will be submitted to the Planning Commission (PC) and discussed at their September 10th meeting.  Nicholas asked for a copy of the plans.  Schnaedter said that they are keeping the current footprint for the terminal and remodeling.  Dean Turner, PC Chairman asked that Supervisors send any airport questions they have to him.

Schnaedter also asked the Board to suggest times and dates for interviews with the architectural firms (for the DPW garage).

Schnaedter said that there is a "kickoff meeting" with CMX scheduled for a 6 PM public workshop before the September 17th BoS meeting.  The PC and Recreation Board are invited.

Engineer's Report - Hay -  reported that he received PennDOT's comments on the Meco/Sullivan traffic light yesterday.  A major Verizon pole on the Leiser and Coldwell Banker property must be relocated.  It may delay the project by three months.  The plans have been submitted to the Simms for their driveway change.

Solicitor's Report - Kline - reported that the two solar power ordinances, one for zoning and one for the SALDO, he prepared were submitted to and approved by the PC.  The BoS will formally get them shortly.

Kline said that he also prepared two historic resource ordinance that were also approved by the PC.  The PC is waiting for the a map and list being prepared by Georgeann Wambold and Larry Kitson.

And, Kline reported that KMRD has filed an appeal to the Commonwealth Court of their substantive challenge to Forks zoning ordinance.  The Township has also submitted its brief and oral argument should take place sometime this fall (likely) in Philadelphia.

UNFINISHED BUSINESS

Resolution #090820-1 Colosi Company LLC Inter-municipal Liquor License Transfer (Karl Kline, Township Solicitor) - This resolution for the second request for an inter-municipal liquor license transfer was approved in a 5:0 vote.  The public hearing was held on August 6th.  (Ref. BoS Meeting & Liquor License Hearing - Notes - 8/6/2009

Riverview Recreation Center - Revised Phasing Plan (Fred Hay, Township Engineer) - William Hissim, Strausser Enterprises Construction Coordinator presented the Board with two documents which he said proved that this phasing plan was "nothing new" and had been planned all along.

Howell said that he was the only Supervisor at the PC meeting and was not sure he understood the definition of re-phasing in this context.  He asked that Kline refresh the Board on the history and initial phase of the Riverview Recreation Center project.

Kline explained that Strausser Enterprises obtained approval for the Riverview Estates PRD (planned residential development).  And, although the land for the Recreation Center was not part of the PRD, Strausser agreed to provide the Recreation Center.  In 2005 the Riverview Recreation Center plan was submitted as a minor subdivision - that is, two lots, one with the Recreation Center and a road off of Ramblewood and north of that, lot 2. 

When the plan was originally presented, the developer said that there was no immediate plan to put in the road.  In fact, the planned road was changed to a temporary road to come off of Ramblewood and curve south to serve the Recreation Center.  The road and cul de sac are private roads and one of the conditions of the January 19, 2006 approval was that the developer must provide security for the road and the cul de sac.  There was no phasing plan because there were only two lots. 

Phasing can be important because the Township takes the position that all the improvements are to be completed.  Strausser Enterprises wants to complete Ramblewood.  Both Kline and Hay told him that a phasing plan is necessary and must make sense.  Kline noted, "Whenever we can get Mr. Strausser to complete something, it is always a good thing." 

Mr. Hissim remarked that the road for lot 2 is a paper road until the development of lot 2 is decided.  It, therefore, makes no sense to put in sidewalks.

Nicholas noted that the recreation path of phase 1 is not completed.  Hissim said that it is not wanted because it would allow public access to private property.  Kline said that there is an obligation to complete the plan as approved.

Hissim said that the Recreation Center was deeded a year ago to the master Riverview Homeowners' Association.  Nicholas noted that the recreation path should have been removed from the plan (at a meeting of the BoS) before the land transfer.  Kline said that a plan was submitted and representations were made that all improvements had been made but they were not.  Hissim said that they must now talk to the Homeowners' Association.

Kline noted that the problem with Strausser Enterprises is that if they get permission to do something and when they don't want to do it, they don't do it.

Turner (PC) said that the turn-ins (either removed or finished) for the road were only 1/2 of the PC motion.  Hay offered that one of the reasons for the returns is to get it out of the Township right of way.

If the phasing is approved by the BoS, Kline noted, and all of phase one is complete, Keystone will inspect  it and only if everything is done will they issue a certificate of completion.  Without phasing, Strausser will have to maintain that portion of Ramblewood forever.  Kline added that the association could come in and make a case for why the path should not be put in.  Howell said that the reason for the recreation paths was to allow people to walk or bike to the Recreation Center.

Turner said that a plan cannot be accepted with a temporary line since it is not complete.  The conveyance of lot one has complicated the issue.

Hissim said that he has a letter from Jan/Feb/Mar 2008 from the Homeowners' Association that they do not want the recreation path because they do not want the general public accessing the Recreation Center.

Nicholas made a motion not to accept the phasing. 

Kline remarked that in all the meetings he and Hay have had over this issue, they were not informed that Strausser no longer owned the property.  He felt that it would be appropriate to table this and meet with a representative from the association and Hissim at the next BoS meeting.

Nicholas withdrew her motion.  Egolf made a motion to table any action until the owners of the recreation land can be before the Board to answer all the unanswered question.  Nicholas seconded.

In discussion Turner said that normally he is a signer of plans.  He wondered how this can be a legal plan if Strausser doesn't own the land.  (The plan indicates Strausser is the owner).

Kline said that it a very good question since plans must be signed by owners.  Planner David Billings suggested sending the whole thing back in order to have the rightful owners sign the plan for the Planning Commission.

After more discussion, it was determined that the lack of time could result in a "deemed approval."  Nicholas made a motion to reject the plan and send it back to the PC because it did not state the name of the property owners and all of phase 1 is not complete.  Egolf seconded and the motion passed 5:0.

Athletic Fields Grading Bid Award - (Supervisors) - The bids to grade the new athletic fields (the five acres between the Community Center and College Park Estates) are in with Gateway Landscaping at $17,000 as the low bidder.  Bids were as high as $49,000 and Egolf wondered what the Township was not getting at the low bid that it would get at the high bid.  Hay said that the low bid meets the specifications.  Roberts said that the area was mowed this week and is ready to go.

There was a discussion about the naming of the new park area as it has been referred to as College Park Athletic Fields because the land was donated by the developer of College Park Estates.  Gloria Miller (a Dewalt) suggested that it be named Dewalt Park since the Dewalts gave up a lot of money in the sale because of the land swap (between the developer and the Township).

Miller made the motion to accept the low bid.  Egolf seconded and the motion passed 5:0.

NEW BUSINESS

Forks Historical Society – Photo/Art Proposal (Rick Schnaedter, Township Manager) - Stanley Price, President of the Forks Historical Society, Gloria Miller, VP, and Margaret Karpin, director of the society's photo-art committee, approached the Board to address their proposal to hang historical photos in the Community Center atrium and to learn the Board's response to their July 2nd presentation.

They hope to start with six 24"x36" matted and framed works.  The cost per photo enlargement is approximately $100-$200.  Ten works matted and framed would run nearly $4,400.  The Society said that they would welcome any assistance offered to defray the cost for what will be an exhibition permanently displayed on Township property in the Community Center atrium area.  The displayed objects may be rotated and changed.  If the exhibition is no longer wanted, it will be returned to the Historical Society.

Nicholas noted that there is distortion in blowups.  Mr. Price explained that there is a decrease in clarity anytime something is enlarged. 

Chuss said that his biggest issue is how much the Township can help.

Egolf wondered if since the this is an artistic enhancement to the recreation building, if recreation monies could be used.  Mr. Price offered that the Historical Society is considered a "passive recreation item."

Ms. Karpin noted that it will be a legacy from the Historical Society to to inform kids of Forks' past 250 years.

Turner (PC Chairman) questioned the use of glass in the area.  Egolf offered that Plexiglas is lighter. 

A motion to fund the Forks Historical Society Photo Art Proposal for an amount not to exceed $5,000 was made by Egolf and seconded by Chuss.  It passed 5:0.

The website Historical Page will be updated with meeting times and contact information. 

Please read Tony Nauroth, Express Times, for more detail.

Release of Capital Funds for Fire Department purchase (Supervisor Nicholas) - Nicholas explained that all capital spending was placed on hold until half way through the 2009 fiscal year.  The Finance & Administration Committee has said that the Township budget is doing well.  The Fire Department has equipment that is out-of-date and not up to code.  They are backpacks and air cylinders.  Nicholas said that the new ones have a lighted gauge to show how much air is left in the cylinder.  She summarized that if the firefighters are not safe, the Supervisors are not doing their job.  A motion to release $47,000 for the updated equipment was made.  Kline asked if this is a COSTARS item and Chief Bryan Weis said that although the vendor is the sole producer, the items are under COSTARS.  The motion passed 5:0.

Executive Session - There was an executive session for a litigation matter and for a personnel issue.  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 - 8/7/2008

Regular Meeting (agenda)

The local press chose not to send reporters to this night's Forks Board of Supervisors (BoS) meeting.  Its short agenda promised a short meeting.  It was not.  Once again, EMS was a major focus as the Board discussed the best way to inform Forks residents of their 7/17/08 decision to designate Suburban EMS (SEMS) as Forks' ALS (Advanced Life Support) provider.

Public Comments (non-agenda) - none.

Supervisor Remarks:

• Supervisor Howell said that the Board received notice from Easton Mayor Panto's office that there will be a ceremony honoring EASHS outstanding graduates/athletes in Center Square at 1 PM on Saturday.  Howell said that honoree Jarred Holley is from Forks Township.  Resident Sandy Hanks offered that Chanelle Price is also from Forks.  Howell said that he would check this out as the notice he had stated that she is from Palmer.  (Update:  Both Chanelle Price and Jarred Holley are indeed from Forks Township!)

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.  The Township's current outstanding debt is $7,822,214.

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 August 5th.  Items discussed include:
  • The Police Department (PD) re-accreditation is going well.  A mock assessment is scheduled for September 17th and the formal assessment will take place the week of October 27th.
  • All 100 of the anti-speeding signs have been distributed to residents.  In fact, they all went out in the first week that they were available and there have been requests for more signs.  Chief Dorney said that they have been placed where they are the most effective.  He said that other municipalities have found that they have more success with fewer rather than more signs.  Dorney added that the purpose of the signs is not to litter the Township with them.  So far, seven signs have been stolen and 11 have been vandalized.
  • The evidence locker is on order and should be in place for the PD re-accreditation review in October.
  • The PD has been working with the Shawnee School police in preparation for the start of fall classes.  Three thousand students are expected to be on the campus.
  • The PD youth academy, held the week of July 26th was very successful.  Dorney said that there was a lot of positive feedback from the kids and their parents.
  • The fire tower core borings are completed and bids are being sought for the building foundation.  The building should be completed by the 12th (no month indicated).  Driveway plans are being explored.
  • Fire Chief Bryan Weis said he will have the signed final copy of the Fire Company agreement at the next BoS meeting.  Chuss said that the $25,000 check (towards the tower) will come then also.
  • Barry Albertson of Suburban EMS (SEMS) was at the August 5 committee meeting.  Forks EMS (FEMS) was not represented.  FEMS has still not paid SEMS. 
    • Notice has been sent to the Northampton County 911 Center of the ALS provider change.  (FEMS is still the BLS provider.)  The changes were "invoked" on July 25th and to date support has been good and there have been no real issues.
    • Chuss suggested that the BoS explain the EMS situation to Forks residents via the Township website.  He said that he thought it would help explain to residents why they are getting two different subscription requests.  FEMS is expected to send out its subscription requests in the next few weeks.  SEMS does not ordinarily send theirs until January but will try to get them out to Forks residents before November. 
      • Howell suggested that care be taken to present the EMS situation in "a factual way because of the difficulties the two providers have had with one another."
      • The subscription amount to be requested by FEMS is unknown.  Albertson, present at this meeting as well, suggested that the FEMS amount should be less than last year since it will not be shared with SEMS.
      • SEMS ALS subscription amounts are:  $25 for individuals and $35 for a family.  (When both ALS and BLS are provided, the charges are $35/individual and $45/family.)
      • Howell asked Kline whether it is the responsibility of the municipality or the EMS provider to make the service announcement.  Kline offered that he thinks the Township should not be in a situation to tell either body whether they should write a letter or what they should put in the letter.  Kline said that the Township should let residents know to expect two bills, one from FEMS and one from SEMS.  A subscription payment to FEMS will not cover services provided by SEMS.  Kline cautioned that the Township tread lightly and not take sides.  Kline said too, that a notice laying out the facts should be on the Township website and that there should also be an article in the next Forks Quarterly and/or a full letter to the entire Township.  Howell suggest a press release also.
      • Albertson said that there will be a lot of confusion this year and that perhaps Supervisor Nicholas' suggestion at the last meeting would help, that is that the Township use the $20,000 set aside for EMS in the 2007 budget to cover residents' subscriptions (to SEMS) for the balance of this year.  Albertson stressed that he is not asking for that money.
      • Kline said that he thinks "there's a very serious misconception with the public about what this Board did at the last meeting."  They think that the BoS stripped FEMS of certain rights.  In fact, what the BoS did was to, in effect, send one ambulance instead of two on emergency calls and that this needs to be made clear to the public. 
      • Howell stated that it is incumbent on the Township to explain exactly what EMS service is in its letter to residents.  The letter will clarify the situation and will benefit both EMS services.  Howell suggested that the EMS funds be used to pay for the mailing.
      • Albertson offered that the SEMS subscription notice going out to Forks households will not contain a letter "bashing the other guy" but will be a straightforward explanation of what the subscription is and who SEMS is (a history). 
      • Georgeann Wambold (PC) said that a letter is definitely needed as she has attended meetings for the last year and although she understands the situation, "people are going to wonder where the money goes."  She thought the letter should be very detailed since a lot of people think the BoS undermined FEMS.
      • Fire Chief Weis said that the number one question to answer is what ALS and BLS are - a heart attack (ALS) vs. a broken arm (BLS).
      • Reta Howell (resident) said that people will want to know why a BLS subscription costs twice as much as an ALS subscription (note:  rates for FEMS are unknown at this time but were $65/$75 last year.)  To that Kline added that the BoS letter should tell people what the amounts of the subscriptions are so that people can make their own decisions.
      • It will take more than a month for SEMS to get everything in order to send out subscription letters to Forks households.
      • Howell asked Chuss to let FEMS know that a letter (from the Township) is going out.  Kline said that information is need from FEMS as well - in particular, when they plan to send their subscription notices and what their rates will be?
      • Howell suggested that the PA EMS Council language be used for definitions.  Albertson said that which service (BLS or ALS) is dispatched is determined by questions asked by the 911 center. 
    • Chuss made a motion to direct Schnaedter and Kline to draft a letter (for BoS approval) providing a description of ALS and BLS services, the situation regarding the providers of these services in Forks, and information about each of the provider's subscription programs (when and how much).  Egolf seconded. 
    • Sandy Hands (resident) asked Albertson what the ALS response time will be.  Albertson said that the peak call times in Forks are between 5 PM and 7 PM and SEMS will have a unit floating in Forks between those hours.  At all times, a unit is stationed in Tatamy.  Patients are taken to the LV hospital of their choice unless it's an emergency requiring an ER doctor, then they are taken to the nearest ER - or to St. Luke's for trauma and LVH for burns. Also, if a BLS ambulance is dispatched and ALS is needed, the BLS ambulance should "load and go" and call for assistance to an ALS provider to meet them on route to the hospital.
    • Georgeann Wambold asked what happens if FEMS closes its doors.  Howell said that they are required to inform the Township and the 911 center that they are no longer providing service.  Ms. Wambold asked what happens to the subscription money paid to FEMS and Howell said that they are free to allocate it in any way they wish.  Forks Supervisors have no say in how they spend their funds.
    • The vote to approve the drafting of a letter of explanation to residents was 4:0. 
• Public Works - Supervisor Miller - reported that the committee had not held a meeting since the last BoS meeting.  He did fill everyone in on what the DPW has been doing in the park:
  • Widening the park parking lot for safer and easier traffic flow.
  • Installing underground electric lines for use by the Community Day vendors.

Howell said that a Hillside Avenue resident inquired about paving work and he talked to DPW Director Roberts last week about putting the schedule for road paving on the Township website.  It will be done and residents will be directed to the website for paving information.  Solicitor Kline asked if nearby residents were notified personally when paving was going to take place and was told that they are. 

Resident Dick Wambold said that the Met-Ed pole at the bottom of Winchester Drive and Frost Hollow should be moved because it obstructs the view of drivers attempting to turn left from Winchester.  They cannot see a car that's coming south on 611 and turning right onto Frost Hollow.  Kline said that Frost Hollow is owned by the State and Winchester by Strausser. 

Engineer Hay noted that Strausser graded the land around the pole without a permit from PennDOT and that the work by Met-Ed to move the pole is to be paid for by Strausser.  Kline said that the Township has pleaded with Strausser, talked with him, and almost "called him bad names" and nothing has made him move forward with the work there.  The Township has been trying to force Strausser to get a PennDot permit for the intersection improvements and the work on 611. 

The Township cannot accept the road (Winchester) until Strausser completes the work.  He has no escrow money with the Township for moving the pole or for the 611 improvements.  Without the intersection improvements completed, Strausser cannot move forward with phases 5, 6, and 7 at Riverview.  If the pole came down in a storm, Met-Ed would probably put it where it belongs.  Kline suggested that maybe if the Township put some branches on the pole Strausser will think it's a tree and cut it down. 

Georgeann Wambold asked who would be sued if there is a fatality there?  Kline said that Strausser and PennDOT would be sued.  Kline said that he and Hay will look over the intersection and make a recommendation for some kind of action. 

Egolf offered that "we need to take action and let people know that Forks Township means business.

• Parks & Recreation - Supervisor Howell - announced that the committee will meet on Thursday, August 14 at 4 PM.
• Community Relations - Supervisor Nicholas - absent.  Township Manager Schnaedter reported that the Supervisors have a proof of the Fall Quaterly in their mailboxes.  If approvals are forthcoming by the next committee meeting (Monday), Schnaedter expects to meet the 9/1/08 deadline for residents to receive their mailed copies.  There was discussion about adding an EMS article but it is too late.  Schnaedter said that July 11th was the deadline for articles. 
• Finance and Administration - Supervisor Egolf - announced that the committee will meet on Wednesday, August 13 at 5 PM.

Township Manager's Report - Schnaedter was asked by Howell about the tree grant issue (in his written report).  Schnaedter said that he just received it a few days ago and August 11th is the deadline for the fall planting.  The text acknowledges the lateness of the mailing and states the most people will be looking for a spring opportunity.  There are criteria that must be met if the Board wants to proceed and Schnaedter will prepare a report what that entails if the Board wants (to proceed with the application.)  Howell asked if the grant was just for trees on public land and if it is limited to certain types of trees.  He wondered if the grant could be used to fill in some of the arboretum.   Schnaedter said that a committee must be established to make recommendations.  Howell offered the Parks & Recreation standing committee and there were no objections.

Engineer's Report - Hay - reported that the fire tower bids will go out as soon as the foundation design is received.  Hay said too, that there was a pre-construction meeting for the HVAC installation in the Community Center.  There's a six week turnaround once the major equipment is received.  The installation will be quicker now that the sports are out of the gyms.  Chuss asked about the light at Meco/Sullivan.  Hay said that he and Schnaedter met with PennDOT and that the issues of Mr. Leiser's driveway and the street alignment were discussed.  Hay sent an email to PennDOT stating that the alignment is off by only two feet and that straightening it would mean taking out Karl Miller's daughter's bushes and fence - both of which are a good barrier for traffic. 

Solicitor's Report - Kline - Agenda items only.

UNFINISHED BUSINESS

EASD - Paxinosa School Addition/Developer's Agreements - (Karl Kline, Solicitor) - Kline reported that the agreements have been signed by the EASD and that the money has been posted for the inspections.  There will be no letter of credit because of the EASD taxing powers.  Everything is in order and the agreements were accepted in a 4:0 vote.

NEW BUSINESS

Volunteer Fire Fighters' Benefits - (3) House Bills/Consideration for Endorsement - (Erik Chuss, Supervisor) - Chuss recommended that the BoS send a letter to all of Forks State representatives in support of the three bills before them, SB131, SB132 and SB1169.  Chuss explained that the bills provide benefits to PA volunteer firefighters.  He said that it is difficult to recruit and retain volunteers.  One bill provides up to $500 in tax credits, another pays 50% of state university tuition (or the equivalent amount at a private college), and the third allows up to $5,000 in tax credits to employers of volunteer firefighters who allow their employees to answer calls during working hours.  There is also a provision that allows municipalities to issue up to $400 of EIT credit to volunteer firefighters.  Two of the bills involve no costs to Forks residents. 

Chuss added that volunteer organizations are a tremendous asset to a community and that to have a paid firefighter staff of six (10 percent of our volunteers), could cost more than $1 million.  Chuss motioned that Schnaedter draft a letter to our State representatives in support of these bills and of others like these.  Miller seconded.

Howell said that Nicholas brought to his attention that there are different criteria for determining who is and who isn't a volunteer in the three bills.  Chief Weis said that extensive records are kept detailing training hours, certifications, and ancillary calls - down to the minute.  The local chief certifies that an individual meets the criteria.

Chuss noted that the criteria for volunteers is a little different in each of the bills and that all could pass.  Weis said that it (the different criteria) can be worked out and that he clearly supports all three bills.  He said that the goal to retain and the incentive to recruit firefighters "hits that mark." 

The vote was 4:0 to send the endorsement letters.

Executive Session - An executive session was held to discuss litigation and a personnel matter.  No action was taken during or after the session. 

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