BoS Meeting Notes - 2/4/2010

Regular Meeting - Agenda

Supervisors learned that young Tyler Swass who made a 911 call that saved his mother, will be honored by the Forks Fire Department with a plaque presented to him at his school in front of his classmates. 

The Board decided to advertise the meeting schedule of the Recreation Board (the third Sunday of the month at 7 PM) since the Recreation Board gets and distributes public money.  Supervisors learned of an open records document request gone awry and Supervisor Chairman Chuss called it (the document request) a "witch hunt."  The public learned that the grant application for designing a park at Newlins and Richmond has been rejected.  The Board okayed the purchase of the Panzini property on Zucksville Road.  It is adjacent to the Township Community Park.  And, all in attendance learned that the Meco/Sullivan traffic light project is proceeding. 

Public Comments (non-agenda)

• Sandy Hanks - Chairwoman of the Forks Elected Auditors, read a prepared statement to the Board detailing her recent experience with a Right to Know Law document request in Forks Township.  She said that she discovered on the Township website that one of the working Supervisors was listed with a different title than the one the auditors had been given to consider in setting 2010 wages.  The auditors were told that the title and accompanying duties were that of a part-time monitor at the Community Center.  The website now lists the Supervisor as Office Coordinator - not part time monitor.

Ms. Hanks submitted a document request so that she could learn how this title change came about in order to make a decision about whether or not the auditors would have to have another meeting to re-consider the Supervisor's wage in view of the new job title.  Forks Open Records Officer provided her with only one of the documents she requested, a job description for a monitor.  It had an attached post-it note that said the monitor job description was the same as that of part time office coordinator.

Ms. Hanks also received an email from the Open Records Officer denying that there were "... covert plots, secret E-mails or sinister operations that have taken place."  She said that someone wrongly guessed her motives and she referred to this as "extraordinary."  She also quoted from the PA Right to Know Law, " A local agency may not deny a requester access to a public record due to the intended use of the public record by the requester unless otherwise provided by law.”

Ms. Hanks said that she received only one document and no explanation of why the others were not produced.  She assumes that this constitutes a "deemed denial" and may pursue an appeal to Harrisburg.

After Ms. Hanks finished her statement, there was silence in the room.  (See below - Supervisors Comments - Howell - for Board members reactions.)

Supervisors Comments 

• Supervisor Billings said that the Recreation Board (Rec Board) meetings have not been advertised.  They meet on the third Sunday of every month.  He made a motion to advertise their regular meetings as well as their February 21st meeting as the re-organization meeting - to elect officers. 

Chuss asked if it is required to advertise the Rec Board meetings.  Kline said that the Second Class Township Code says the BoS can establish a Recreation Board.  Forks' Rec Board does handle taxpayer money.  And, although this issue hasn't come up before, in the past, the Township's (paid) auditors have said that they thought they should be auditing the Rec Board. 

The Township gives money to the Rec Board which in turn decides how to allocate it to the athletic association (Forks Township Youth Sports Organization - FTYSO) and other projects.  Kline said that since public money is involved, it is appropriate to advertise the meetings.

The motion included the reorganization meeting of the Recreation Board and discussion included having Solicitor Kline attend that meeting.  Chuss questioned whether or not the Rec Board had already held their re-org meeting.  Howell said that Supervisors haven't seen any minutes from a January meeting.  Rogers said that it was on the schedule at the Community Center and that the Rec Board meetings are advertised on the Community Center electronic sign. 

Howell asked if the Rec Board bylaws have been read by the Board.  He asked too if the Zoning Hearing Board and Planning Commission have bylaws as well.  Kline said that the Zoning Hearing Board is guided by the MPC (Municipalities Planning Code) and technically the Rec Board is created by ordinance and has only those powers delegated to it by the BoS. He said that he has "never seen an ordinance creating the Rec Board" - in the last 30 years nor is there any reference to one in the Township code. 

Supervisors can adopt an ordinance and establish exactly what powers the Rec Board will have.  Then the Rec Board can adopt rules and regulations that are consistent with what the ordinance states.  Howell said that it is the only appointed board in the Township that does not require residency.  He suggested that if the Board is going to adopt an ordinance that it take a look at the Rec Board bylaws and current customs and jointly with the Parks & Recreation Standing Committee, come up with a "reasonably decent ordinance."  Chuss recommended that the issue should be taken up by the Parks & Recreation "subcommittee" and that they should work with the Recreation Board.

The motion was altered to note in the advertisement that if a re-org meeting is required it will take place on February 21.  It passed with a 5:0 vote.  Schnaedter will submit the advertisement and notify the Rec Board.  Kline will send copies of the provisions of the Second Class Township Code that deals with the Rec Board to the BoS and to Schnaedter.

Howell offered a motion to authorize the Parks & Recreation Standing Committee to study, recommend, and discuss an ordinance dealing the the Rec Board and to make a recommendation to the BoS.  This passed in a 3:2 vote with Egolf and Chuss casting the nay votes.

Howell asked a "procedural question" about the fact that the Board was going to allow the Rec Board ordinance issue to go to the standing committee "by consensus."  And, then Egolf and Chuss voted against the motion asking for an ordinance.  Chuss said there was no need for the motion.  Howell said that the Board is asking for an "ordinance" and not just a study or recommendation from the committee and it is appropriate that the Board vote on it. 

Egolf said that he voted "no" because when the Board asks a committee to come up with recommendations, the committee chairman has the responsibility to follow through and to report back to the BoS - and this process works well.  Egolf said that he is afraid that creating an ordinance will come back to "haunt us" and that in the future "every time we ask for something it's going to be in form of an ordinance - and I don't think we're here for that." 

Billings asked if one must be a Forks resident to be on the Zoning Hearing Board and the Planning Commission.  Kline said that he didn't know if the Second Class Township Code requires residency.  He said he will also double check the MPC.  Chuss asked if there was a problem?  Billings said that in the interview process for seats on the PC, the question was never asked of any of the candidates.  Chuss said that the applications have candidates' addresses and it can be dealt with at the time.  Kline offered that having a candidate with excellent qualifications who lives in another municipality and also having a residency requirement could mean "cutting your nose to spite your face."

• Supervisor Egolf announced that he had a few copies of the very interesting Delaware and Lehigh National Heritage Corridor Field Guild to Birding and Wildlife.  He said that copies are available and are worthwhile reading.
• Supervisor Howell addressed Ms. Hanks comments (see above).  He said that he received an email from Ms. Hanks regarding a Supervisor's new title on the website contact page.  He said that he was surprised when he looked at the Township website contact page and has no idea what was done to change the job title nor how it happened nor how/if the Board ever approved it or a $2/hr wage premium over the regular monitor rate.

Howell asked Ms. Hanks about the post-it note on the job description.  She read, "PT CC Office Coordinator falls under same job description as Monitor."  She showed it to Howell who said that the document contains no effective date, no approvals and no indication of revisions.  He said that the others who held this position, Kimee and Carol (no last names given), did not appear to have the role of monitors.  It was a different job, they had office positions and had premium hours (no weekends or evenings). 

Howell said that the job Ms. Hanks wrote about in her email is a different job with different priorities.  It should be approved by the Board.  Howell doesn't think the Board ever approved it nor did they set the wage.  He said that it was likely set by a prior manager and that it is "a matter of custom that Mr. Miller would fill the spot as needed."  If the post-it note is correct then all the monitors should be trained to handle the duties at the desk and the office coordinator title should be discarded.  This way all monitors would do the same thing and there would be no "inaccurate" special position listed on the website.

Howell said that he is "not trying to personalize the argument."  He wonders why Miller needs a person and what criteria is used to chose one person over another especially when that person is an elected official. 

He said that he has never been an advocate of having working Supervisors on board and that he has served in three election cycles and in the first two, has never been able to convince a majority of the Board to define the role of working Supervisors and to define employment and Board restrictions. 

He added that "in defense of Ms. Rogers," he doesn't think anyone has sat down with her to define her role and whether as an elected official, she is a union or an at-will employee - PA law may dictate this.  Howell said that Rogers is likely not aware of restrictions applicable to her role as Supervisor.  For example, the Board meets in Executive Session to discuss personnel issues.  At times, the subject may be the performance of other monitors.  "As a Supervisor-employee-monitor, should she be allowed to join those discussions or even be present at those discussions?"  Should she be allowed to be present or vote when salary rates are discussed for monitors or other Township employees?

Howell mentioned Human Resources Manager Barbara Bartek's role in regard to a working Supervisor - to be sure that the Supervisor is being treated fairly "in relationship to others or vice versa."  He suggested that Ms. Bartek review with Rogers any possible "conflicts of interest and issues of undue influence." 

He said that Miller reported directly to the Township Manager.  This is different now as Rogers reports to Miller.  She has a subordinated role to someone who is not a director or the Township Manager. 

Howell said that he is asking for a simple "rules of the road" policy for working Supervisors.  And, he hopes that by the end of his term, there one is in place.  In fact, he noted, a number of townships have policies or have eliminated working Supervisors as "impossible to regulate or to control."

Rogers said that she takes "it personally."  It is now an issue that a working Supervisor is in the role of office coordinator.  She said that no one has asked her anything.  No one has asked, "What do you do? or What's your day like?  or What hours do you work"  She asked why this is an issue now when it wasn't in the past?

Rogers said that the $2/hr more is not true; she earns what all monitors earn.  She said that the person who was in the role before "may have self imposed" the title of Office Coordinator.  Rogers said that she does what monitors do.  "I do clean toilets on occasion" but not as much now as in the past.  She breaks down and puts up Jazzercise and volleyball nets by herself.  She empties trash and sweeps the floor.  She handles money, receipts, accounting, and does some of the work of both (the late) Bob Kadjeski and Carol Osifchin (former Community Center Office Coordinator) including entering sports sign-ups into the database. 

Rogers said that, as the person affected, she should be but is not included in "the dialog" and is beginning to feel harassed.  She believes this is a trust issue and that she was given opportunities because she is trusted but apparently her peers or other people don't (trust her).  She also said that she has been "the topic of conversation for a while on several minds" but no one has talked to her.

Chuss said that there are two issues, one is open records access.  He got Ms. Hanks email and deferred it to the Township Manager.  He hoped that the job description provided satisfied the request. 

Schnaedter said that Ms. Rogers is a "monitor plain and simple."  He said a secretary put the title on the website because Rogers is doing much of the work that the last coordinator did and because people call and ask for Carol.  Schnaedter said that there were no emails and that he will remove Rogers name and the title from the website.  Ms. Hanks offered that if "every monitor is the same, and they are all monitors," then either all monitors should be listed on the website, or none.

Schnaedter said, "Nothing has changed."  He gave the Elected Auditors a rough description of what monitors do.  The written job description predates him and he has no idea why there were no signatures or dates on it.

Chuss offered that Ms. Hanks, if she feels that information was not provided to her, should submit another Open Records request.  He said that when he read Schnaedter's response, he understood that there was no additional information available. 

(Finance Manager Farley) said that all the job descriptions were done and approved by the Board in the second half of 2006.  Howell said that he thought the Community Center Office Coordinator title and its premium rate should be formally buried.  Rogers offered that she is owed some back income since she was listed on the website as an office coordinator but not paid extra. 

Chuss offered that the Human Resources Manager review and update job descriptions.  He thought, "...it almost sounds like a typo issue on the website and it's really gotten out of hand." 

Ms. Hanks asked Rogers what the weekly hours are for monitors and what her hours are.  Rogers replied that monitor hours can be as few as 15-20 per week or up to the part-time maximum.  She started to say what her hours are but Chuss cut her off and ended the discussion saying that he has let it go this far and it is not an agenda item and in the future anything like this should be put on the agenda. 

Chuss then said that the second part of his comment is what he sees as somewhat of a "witch hunt."  He said that there are people who do not like Supervisors who are employees.  He said that Howell was one of them.  Howell asked Chuss if he was accusing him of "personalizing" the issue.  He reminded him that in 2004, he didn't even know Ms. Rogers.  Rogers offered that no one knows her now "but you're making all kinds of remarks." 

Chuss continued that "some" people are personalizing this and that there are "hundreds, if not thousands of cases of this in PA."  He went on to say there was an article last summer in a PSATS (Pennsylvania State Association of Township Supervisors) publication about it (elected officials as employees).  He said that the people who voted her in were well aware of her position (at the Community Center). 

This ended with Ms. Hanks asking Chuss to verify that it "was a mistake on the website."  He said, "That's what it sounded like." 

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 $7,737,126.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that the committee has not met since the last Board meeting.  The next is scheduled for Wednesday at 7:15 PM.  Egolf turned his report time over to Fire Chief Charles Chapman who told of the cell phone 911 call made by five year old Tyler Swass and the challenge it presented - a cell phone call does not give a correct address.  The police asked the dispatcher to call Tyler back and to have him go outside and wave down the police car.  Tyler said that no one taught him to dial 911.  He picked it up by watching TV.  Chapman said the Fire Department will go to Tyler's school and recognize him in front of his peers as well as present him with a plaque.  This will help to reinforce a lesson to the kids about dialing 911 in an emergency.  The story went national on CNN.  Tyler is the nephew of one of the Township's firefighters.
• Public Works - Supervisor Howell - had no report.  Schnaedter said that Kimmel Bogrette will make a presentation (of the public works garage) to the PC at its February 11 meeting.  Egolf asked Schnaedter about something in the Supervisors packets.  Schnaedter said that it was for the goal setting session on Monday and was a status report of what was left undone from last year's goals. 
• Parks & Recreation - Supervisor Rogers - said that the committee met last night and that there was a request to consider new fitness center equipment.  She said that more information is needed.  Other items discussed include:
  • The athletic association (Forks Township Youth Sports Organization - FTYSO) has a gap in its budget and will provide a monthly analysis of actual versus projected expenses as well as a back-up plan to close the gap. 
  • Dan Martyak, president of FTYSO, was to provide the committee with status updates but it is too much for one person.  Billings offered to help.
  • The five acres fields have been seeded but there are drainage and other issues.  Schnaedter will get updated information. 
  • The tentative completion date of the amphitheater may change to July 1.
  • There will be a $4,100 addition to the Community Park electronic sign on Zucksville Road.  It will identify the Community Park, be placed over the electronic sign, and be burgundy with yellow lettering.
  • New playground equipment is on tonight's agenda.
  • Miller reported to the committee that it is the busy season with basketball and volleyball.  Also, the Community Center has four new employees.
  • The Planning Commission (PC) was there to discuss the recreation paths.  They want to work with the committee, the Rec Board, and the FTYSO to complete the east west corridor, do signage (warning and directional), and to do the recreation master plan including tot lots and parks - everything in totality.

Billings asked if a motion was needed to purchase the new park sign.  Schnaedter said that he had wanted to talk to the Recreation Board before taking it to the Board.

Rogers made a motion to approve the new sign with a not-to-exceed price of $4,100.  Billings seconded.  In discussion, Ms. Hanks asked if it complies with the zoning ordinance for signage.  Zoning Officer Weis said it will be smaller than the one on Sullivan Trail.  Rogers said that it (the topper) is 18" X 112".  Former Supervisor Nicholas said that it is probably too big.

The motion passed 5:0.

Howell asked that all committees copy the Board with agendas.

• Community Relations - Supervisor Chuss - said that the committee has not met since the last BoS meeting.  The next will be on February 8th at 4:30, just before the 5 PM start of the goal setting session.  Chuss also said that advertisements are posted for the Forks Arts Society at the Municipal Building and at the Community Center - although that one has disappeared.  He contacted the Morning Call and will contact the Express Times to see if they have any interest in the story.  He said he's talked to a lot of people who are very excited about it.  He has fliers for anyone who wants one.  Howell thanked Tony Nauroth for the story in the Express Times on the Forks Quarterly winning second place in the PSATS communications category.  He thanked Schnaedter for being the editor. 
• Finance & Administration - Supervisor Billings - said the the committee will meet next Wednesday at 6 PM.

Township Manager's Report - Schnaedter reminded the Board of the Monday night goal setting session.  It will start promptly at 5 PM.

Engineer's Report - Muller reported that the meeting with PennDOT, Verizon, and Met-Ed took place and that the Meco/Sullivan light is moving along.  Within the next month there should be some answers.

Egolf asked how much Benchmark will be involved as this continues.   Muller said that their design role is securing the permit.  Egolf noted that the Township has given Benchmark thousands and thousands of Township money and the light is still not where it should be.  Egolf said that his antennas go up whenever he hears "Benchmark."  Muller said that the issue is not all Benchmark.  There is work to be done as no bid packages have yet been put out on the project.  An "aggressive schedule" could have it built by the end of summer.

Howell asked about Town Center 2 starting since he saw a construction trailer at the Met-Ed pole yard.  Zoning Officer Weis said that the trailer belongs to the sewer project.  Howell asked if offsite improvement money could have been paid by Zawarski for the Meco/Sullivan light.  Kline said that the Township cannot require offsite capital improvement money but PennDOT can. 

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

General Obligation Bonds, Series of 2010 (Jim Farley, Finance Manager) - Farley said that at the last meeting, the Board approved the new financing.  Mr. Michael Gaul presented the Board with a "preliminary authorizing resolution" for the 2010 bonds.  This will call the 2003 bonds "conditionally."  A minimum 30 day notice is required.  March 23rd is when the 2010 bonds will close.  The closing on the 2010 bonds will not occur unless the proceeds for redeeming the prior bonds are available. 

The resolution needs to be approved and signed.  Bid night is February 18th. 

Egolf made the motion to approve and sign.  Rogers seconded.  In discussion Billings asked about the "not to exceed" amount of $12.75 million as he thought it higher than before.  Mr. Gaul said that it is normal to set it higher so that it need not be reset when/if the bonds are sold at a discount or a premium.  Of the $12.5 million, $3.7 million is for the public works garage.

This passed 5:0.

NEW BUSINESS

Business and Commerce Association Presentation - Forks Township Community Days (Rick Schnaedter, Township Manager) - Brian Lokitus, president of the Business and Commerce Association of Forks Township (BCAF) addressed the Board and offered the services of BCAF to organize this year's Community Days event.  BCAF learned that the Bennetts will no longer be doing it.  Mr. Lokitus said that they would organize a committee and use last year's volunteers.  With BCAF in charge, it would insure continuity from year to year.  He said that he would like to make an announcement at the BCAF meeting at Gennaro's next Tuesday, February 9th at 11:30.  

Schnaedter said that the opening for Community Days coordinator has been advertised on the Township website for about a month.  Several people have called and volunteered to help but not to be the coordinator.

Billings asked how it would work with BCAF as the organizer.  Mr. Lokitus said that he envisions a committee of two or more members who will organized and solicit volunteers.  Billings asked if they would be open to athletic association (FTYSO) participation.  The answer was "absolutely" and that BCAF wants to make it an even bigger and more interesting event for the community - possibly drawing people from outside of Forks - to showcase the Township.

Farley said that Forks Community Days is a 501(c)(3) and its charter requires officers names in the charter.  He suggested the BCAF contact the Bennetts to resolve the leadership change.  Farley said that he has helped the organization with its year end financial reconciliations and will "help transition the information over" to BCAF.

Mr. Lokitus said that he is open to being "very cooperative with the township, the community, and the citizens" to make it a great event.  Chuss said he thought it was fantastic and that the details can be worked out later. 

Farley suggested that a joint meeting between the current members and BCAF be held to work out the 501(c)(3) integration details.  Mr. Lokitus asked for a copy of the bylaws so that BCAF can see how integration in accordance with the bylaws can be accomplished. 

BCAF received the support of the Board in its Community Days endeavor.

Resolution # 100204-2 / Deed of Dedication for Heather Lane A and Heather Lane B in the Preserve Subdivision – Phase 1 - (Karl Kline, Solicitor) - Kline explained that this is standard acceptance - the roads have been inspected and approved.  Billings made the motion.  It was seconded by Howell and passed 5:0.

Municipal Park Playground Equipment Replacement Purchase (Rick Schnaedter, Township Manager) - Schnaedter detailed the quotation from George Ely Associates for replacement playground equipment - a three leg 10 ft. high swing set, a three bay six belt swing package, and a powder coated frame totaling $3,023.  Also, there is a "Chipmunk Spring Rider ($915) and a recycled plastic sand box.  The existing equipment was inspected by public works and deemed to be in bad shape with holes and a rotting foundation. 

Howell made the motion to purchase.  Egolf seconded.  It passed 5:0.

COG Cable Franchise Survey Agreement (David Billings, Supervisor) - Billings said that the Cohen Law Group wants to survey municipal members of the Two Rivers COG (Council of Governments) to determine interest in forming a consortium to negotiate a cable franchise.  Right now the law is changing and allows each municipality to have a cable franchise but is strict about negotiation.  Billings said that this survey is just exploring the possibility of interest and no municipality is bound by it. 

Kline said that for the last five years or so the Cohen Law Group in Pittsburgh has indicated that they have special expertise in this area.  They actively solicit municipalities in PA.  At no charge, a municipality will get an oral review of its documents - with the possibility that Cohen may sell services at a later time.  Kline suggested that the Board be careful since Palmer is different than Forks is different than Easton is different than West Easton.  All have different contracts now that probably expire at different times.  It will be difficult to negotiate for an entire COG.

Schnaedter offered that it is a questionnaire that can be submitted with the Board's authorization. 

Howell asked when the first opportunity would be that Forks would incur expenses to the Cohen Law Group.  Billings said that would be when a cost estimate is presented to and accepted by the Township - for negotiating the cable contract.  He offered that the tricky part will be Verizon because it will probably be coming to Forks next year - since Forks fits the "profile."  Forks will have an opportunity to negotiate with Verizon under the 2007 Act.  Howell asked if ATT is coming as well.  Billings said "no."  There was a consensus vote to "take step one" and send in the completed questionnaire.

Real Estate Purchase (Karl Kline, Solicitor) - Kline said that the Township has been in discussions with the Panzini family over the purchase of their 708 Zucksville Road property.  Currently, Mrs. Panzini lives in the house but must leave soon.  The 1.64 acres is contiguous to the Township park and has about 400 feet of frontage on Zucksville Road.  The Township will pay the appraised amount of $230,000 for the property.  Settlement will be on or before March 31st.  The family has reserved the right to remove the lilacs in the spring and requested that the Township install a plaque on the house referring to it as the Panzini Community House (or similar language).  If the house is torn down, the family requests that the plaque be moved to another location on the property.

Howell asked if the Township has the money.  He was told by Farley that the recreation acquisition fund can be used because the property is contiguous to the park.  Howell asked if the property's zoning had to be changed before the purchase and Kline said no, as long as it is being bought for additional park land.

Egolf asked what the plan was for this property.  Chuss said that there is no plan for the recreation impact fee money as it is.  In fact, Chuss said that the Township's grant application for planning the park at Newlins/Richmond was rejected.  He thought that future recreation plans for both parcels can be developed.  Egolf said that he would feel better if there was a plan, even a simple one, before the settlement date since recreation money is being used.

Kline offered that if a motion is made immediately after the resolution to purchase is approved, indicating that the Township commits to using the land for recreation, Egolf's concern about using recreation funds for the acquisition is satisfied.  Two motions are needed, one to buy the property and one to commit to using the land for park and recreation purposes.

Both motions passed 5:0

Authorization to request bids for Amphitheater (Rick Schnaedter, Township Manager) - Schnaedter asked for authorization to get bids for the amphitheater.  Staff has reviewed the specs.  Bids will be accepted until the bid opening date of March 8th.  The project is now one month behind the proposed CMX schedule making July 1st the new expected completion date.

Howell made the motion to authorize.  Billings seconded. 

In discussion, Chuss said that he has concerns about the cost and wants a five year plan from the Recreation Board.  He said that Schnaedter has offered to run the amphitheater programs in the first year but who will run it in the future?  He thought it premature to move forward.

Billings said that this is just to get bids so that the Board can see what it will cost and that the Board reserves the right to say no.  Egolf said that while chairman of the Parks and Recreation Standing Committee, he struggled with the Recreation Board to get a five year plan.  Progress has been made and the plan is further along than it was last year.   

Howell said that the amphitheater represents a "truly all generational capital improvement for the park."  He said that this is the best time to build it and it will not by financed with taxpayer money. 

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

Authorization to advertise Solar Ordinances # 313 and # 314 (Karl Kline, Solicitor) - Kline said that the Planning Commission held a public hearing on the Solar Ordinances and no one showed up.  One of the ordinances changes zoning and the other changes SALDO (Subdivision and Land Development Ordinance).  Both regulate residential and non-residential solar uses.  Copies must be sent to the Lehigh Valley Planning Commission.  He asked the Board's permission to advertise the BoS public hearing for March 18th at 7 PM, just before the regular meeting where the ordinances will be considered for adoption. 

Billings said that the EASD is conducting a study of putting solar panels in the schools.  He asked if the school district submitted a plan if it would be subject to the ordinance.  Kline said that they would not be subject to the ordinance if they submit a plan before the March 18 adoption date. 

The authorization to advertise was approved with a 5:0 vote.

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 - 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 - 10/1/2009

Regular Meeting (agenda)

At 6:30 PM, prior to the regular meeting, Supervisors met in a workshop session to begin 2010 budget talks with a review of capital projects.  There will be more budget meetings and all are open to the public.  On October 13 (Public Works, Parks, Sewer, & Recreation) Supervisors will meet with department heads to review budget submissions.  They will do the same on October 14 with the Police, Fire, Codes, & Administration department heads.  Both sessions begin at 5 PM.  If needed, there will be an additional session on October 15 at 6:30 PM.

During the regular meeting:  (1) A "volunteer service award" was given to Harry and Susan Bennett for their "hard and wonderful work" to make Forks Community Days a success; (2) CMX stunned the Board with its estimated cost of the amphitheater - over $550,000.  It will be on hold until pared down; And, (3) Supervisors authorized the filing of two more lawsuits against Strausser Enterprises. 

Please read Christopher Baxter (Morning Call) and Sarah Wojcik (Express Times) for more details of the lawsuits.  And, for more on the amphitheater, see this online article by Sarah Wojcik (Express Times.)

Public Comments (non-agenda) -

• Donald Wheeler of Bonnie Circle addressed the Board and asked that it consider enacting an ordinance similar to the new one in Emmaus to limit the number of cats and dogs that can be kept at any residence.  He thought that three, the number set by Emmaus to be too low.  Mr. Wheeler said that the goals of the ordinance are to promote public health and welfare as well as discourage people from having a large number of pets - that become a nuisance to their neighbors.

Howell asked how Emmaus enforces the new ordinance and in particular how does it monitor the number of households?  He said that Forks has one public works employee who deals with dogs only. 

Chuss said it was a great idea and thought it would help with the feral cat problem in Forks.  Howell said that the definition of domestic animals does not deal with feral animals.  Northampton County has a catch and release program to deal with feral cats. 

Schnaedter noted that townships, unlike cities and boroughs, have a "diverse residency with large parcels of land" and it would be difficult to regulate them.

Mr. Wheeler said that the Emmaus ordinance deals only with dogs and cats and not with exotic animals.  He gave a copy of the Emmaus ordinance to Township Manager Schnaedter.

See this Morning Call article on Macungie's new three pet limit ordinance for reference.

Supervisors' Remarks: 

• Supervisor Nicholas - remarked that it was nice to see Susan and Harry Bennett in the audience because she wanted to thank them for Forks Days.  She also expressed thanks to Mark Roberts (DPW Director), to Gary Sandt and all the public works people, Troop 29, and the Forks Athletic Association (for the fireworks). 
• At this point, the Board choose to advance the first item in Unfinished Business to Supervisors' Remarks for the purpose of honoring Susan and Harry Bennett for their tireless work in organizing Forks Community Days for the past several years.  The Bennetts are long time Forks residents of Lockwood Congress.  
• Howell asked the Bennetts to come forward and on behalf of the Board, he and Nicholas presented them with an inscribed "volunteer service award to Harry and Susan Bennett in grateful appreciation of your hard work and dedication in keeping Forks Township Days alive."  Applause.  Susan Bennett thanked the Board and said that it's not just us, it's the community... the Township... the staff... six key people... beautiful weather... the vendors... and the people who attended.  Harry Bennett, after shaking hands with everyone on the podium, said that he wants to do it again next year.

Treasurer's Report - Miller 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 $8,147,854. 

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

• Public Safety - Supervisor Howell - said that the next meeting is set for October 20th at 8 AM in the municipal building.  Topics to be discussed include public safety matters of the community and possibly Mr. Wheeler's suggested pet ordinance. 
• Public Works - Supervisor Chuss - announced that the next committee meeting is scheduled for October 13 at 7:30 AM.  He said that the committee had the initial kick-off meeting for the DPW garage with Kimmel & Bogrette.  Kimmel, along with Roberts and Schnaedter, visited the site at Richmond/Newlins Roads. 
• Howell asked Solicitor Kline to explain why the Braden Park site is not appropriate. 
• Kline said that when Forks got the land from Lafayette College, it was intended for recreation purposes and was deed restricted as such.  Furthermore, it cannot be sold or swapped without Lafayette having the first option to buy it back at the original price paid. 
• Parks & Recreation - Supervisor Nicholas - said that because October 12 is a holiday, the next committee meeting will be on November 9 at 6 PM.  The committee will review the five year recreation plan.  Also, Nicholas reported that the Community Park basketball and tennis courts are being worked on now.  Roberts said that the Penn's Ridge court has signage in place and is ready to "open" tomorrow morning.  Signs prohibit skateboarding and the court will be open while the Community Park court is out of service.  Howell complemented Roberts over the installation of the outdoor fitness stations along the Community Park recreation path.  He said that every time he drives by, he sees at least one "55 and older person" using them. 
• Community Relations - Supervisor Miller - said that the committee will meet on October 12 at 5 PM.  (If you plan to attend, check with the office that this is a valid time and date as the 12th is Columbus Day and the office is closed.)
• Finance and Administration - Supervisor Nicholas - said that the next committee meeting is for the budget workshop on October 14 at 5 PM.

Township Manager's Report - Schnaedter - said that the Supervisors have a report/graph in their packets from Gary Pulcini (Township financial consultant) showing the current bond market as the best in 20 years.  Schnaedter also said that the initial meeting of the Business and Commerce Association of Forks Township (board of directors) is set for October 16.  Additionally, URDC's Charlie Schmehl will have the Comprehensive Plan re-edit completed by Wednesday of next week.  Mr. Schmehl is confident that the Board will be pleased with it. 

Engineer's Report - Hay - said that Supervisors have a written report in their packets.  The basketball court rehab is underway as is the five acre field grading.  The contractor thinks he may have it done tomorrow.  The sewer rehab continues.  The plans for the Glover/Padula road realignment have been submitted.  Glover will move towards Modern Concrete and have a gentle "s" curve and Padula will intersect at a tee.  Also, Winchester Drive is being repaired by Strausser Enterprises.   

Solicitor's Report - Kline - reported that Henningsen Cold Storage wants to move ahead this building season with moving some of the stockpiled earth and fill onto their lot.  The signed agreements and the escrow, although agreed to, have yet to be received from Henningsen.  As soon as they are received a pre-construction meeting is could be as early as next week.  Depending on the economic conditions, construction could start in 2010 on phase one, the first 100,000 square feet.  That will be over two acres under roof.  The completed project will have approximately nine acres under roof.

Nicholas asked the status of Weis Market and Kline said that it has been "hurry up and wait."  He heard that they have received all of the needed rights of way for earth work and is now working with PennDOT for the HOP (highway occupancy permit).  Hay said that he got a copy of the application in today's mail.

Kline also reported on the Renigar minor subdivision in the 100 year flood plain.  He said that the plan was approved but Mr. Renigar has to grant a storm water easement where the water flows.  He does not like the fact that he cannot build something in the flood plain.  Mr. Renigar has all the information he needs to proceed if he chooses to do so. 

UNFINISHED BUSINESS

Community Day Update - (Harry & Susan Bennett) - moved to Supervisors' Comments - see above.

CMX Presentation – Proposed Amphitheater (Bonnie Nicholas, Supervisor) - Tim Edinger of CMX addressed the Board with the concept plan, schedule, and cost estimates for the proposed amphitheater.  Supervisors also had copies of the draft minutes from the last Planning Commission (PC) workshop in which the project was discussed and suggestions were made.

The estimate numbers were given in parts totaling $550,000.  The amphitheater estimate is $300,000.  The impervious coverage and architectural brickwork total $90,000.  The site preparation estimate was $200,000 plus a 10% contingency.  Included are pedestrian pathways, impervious coverage, grass pavers, and architectural brickwork.

Mr. Edinger said that there could be cost savings if asphalt is used instead and if the decorative stonework is eliminated.  He said that he thought it would be May 2010 before the site could be used - providing that no extra regulatory applications and permits are needed.  If they are needed, they would push the work back.

Howell said that he never thought there would be a $209,000 expense for site preparation.  Nicholas agreed.  Howell asked what the cost would be to put in the amphitheater and the service road only?  Mr. Edinger said that there would be a considerable price reduction with asphalt paving.

Howell next suggested that the BoS take their comments and the PC comments and "sweat out what we really want."  He said it should be discussed at the Board or committee level.

Nicholas said that she thought that the whole site was not going to be disturbed.

Chuss said that this is "sticker shock" to him and that this is to come out of the recreation fund of $1.7 million.  He said that the BoS has to be careful that there is enough for other projects.  He added that he is supportive of an amphitheater but it must be a "fiscally sound purchase."

James Wideman (candidate for Supervisor) asked what the proposed number is and was told $349,000 - for the pavilion and $209 for site preparation. 

Vito Tamborrino (Planning Commission) said that it is important that things be done right and that the BoS should define what this will be used for and be certain that it is designed so that a person in a wheel chair can get to it.

David Billings (candidate for Supervisor) asked if the cost included the design charges.  Mr. Edinger said that it does not. 

The Board will refine what it wants and will have Schnaedter contact CMX when the reduced concept is known.

NEW BUSINESS

Business and Commerce Association of Forks Township By-Laws (Rick Schnaedter, Township Manager) - Howell explained that there is a board meeting coming up later this month and one of things that must be done as a business item is the approval of the by-laws.  All members must approve them.  Schnaedter said that the origin of the group was almost two years ago at a Township sponsored breakfast.  The new group will be a local operation with its own, unique character but will also be part of the Lehigh Valley Chamber of Commerce.  The vote was 4:0 to approve the by-laws.

Tatamy Bridge on Uhler Road - letter of Support (Vito Tamborrino, Planning Commission) - Tamborrino reviewed the importance of the Tatamy Bridge on Uhler Road (Forks Township) that continues through Tatamy as Main Street - to the proposed new Route #33 interchange.  Tamborrino said that he attended the second meeting of the interchange proposal in Palmer Township.  He said that there have been traffic counts done and that there will be five traffic lights installed.

Even though PennDOT acknowledges the deplorable condition of the bridge and agrees that it will  be replaced, the Commission is concerned that the bridge work will be delayed to a time at or after the interchange work begins or is completed. The Planning Commission requests that the Supervisors join with neighboring communities to write a letter to PennDOT expressing the wish that the bridge replacement work begin as soon as possible without regard to the start of the interchange.  The Board voted 4-0 to authorize a separate letter - from Forks only.  However, it will be shared with neighboring communities. 

Motion to support Bushkill Stream Conservancy (Rick Schnaedter, Township Manager) - Schnaedter received a request from the Conservancy requesting an annual donation of $250.00 from the Township.  A similar request is being made to all communities along Bushkill Creek's banks.

Nicholas thought that the Conservancy should tell the Township more about its plans since if it hadn't been for an Eagle Scout wanting to do a project near the dam, the Township would not know that the Conservancy plans to "blow the dam."

The Supervisors agreed that the Conservancy’s work to preserve and improve the creek’s natural environment has a positive impact on the quality of life in Forks.  The Board voted 4–0 to grant a current donation of $250 Dollars from 2009 General Funds.  The Board did not consider the donation as an annual donation.

Riverview Estates – PRD – Escrow Account and Phases V & VI (Rick Schnaedter, Township Manager) - Kline reviewed the last 10 years of Strausser Enterprises/Riverview Estates history.  He said it was appropriate to recognize that the original PRD (planned residential development) was submitted in 1999.  At the time, the phasing of the plan was discussed, tentative approvals were given, and the developer was in agreement and indicated he would be able to live with the terms and conditions. 

Over the following 10 years there have been repeated problems with the developer who has failed to comply with the rules applicable to all developers and that are required by State law.  The PA DEP (Department of Environmental Protection) has only cited one developer in Forks in the past 25 years and that was Strausser Enterprises - for frequent and egregious violations of the storm water and erosion control regulations. 

Kline said that the Township and staff have tried to work with Strausser Enterprises and despite Mr. Strausser's protestations to the contrary, the Township has been lenient and patient.  He said that after 10 years, it is clear to him that the developer "has no interest in cooperating with the Township and adhering to the rules."

Kline gave two examples:

1. Escrow accounts are required for phases that are not completed.  The funds guarantee that municipal improvements will be completed.  The improvement agreements were signed by Strausser for phases 2, 2c, 3, and 4.  Each escrow account now has a zero balance.  Phase 2 has been active since 2003 and phase 2c is the clubhouse.  There was no response to last month's letter despite the fact that there were numerous communications with the developer's staff.
2. Final plans have not been submitted for phase 5 and 6.  The developer was given six years to file final plans for all phases of the PRD.  The result of not filing within the six years is that the developer loses the rights to develop those phases.  Strausser Enterprises has missed the filing deadline by 3-1/2 years.  Kline said that he reminded the developer two years ago and drafted a proposal to grant a reprieve if certain requirements were met - a turning lane on Route 611 and the stabilizing of the Frost Hollow swale.  The developer has refused to sign the agreement and there has been no activity on either request.  Again, the letter sent on September 18th has gone unanswered.

Kline said that he believes the developer has left the Township with no choice except to initiate legal action.  He recommended to the Board that two lawsuits be filed - one to restore the escrow balances and the second for a declaratory judgment action in which the courts will recognize the fact that phases 5 and 6 are no longer valid.

Howell noted that the Board has spent a great deal of time in executive session discussions of litigation matters. 

The first motion, to authorized Kline to file a lawsuit for money damages to restore the escrow account balances to $240,000 passed with a 4:0 vote.

The second motion, to authorize a second lawsuit to the Northampton County Court of Common Pleas for a declaratory judgment, that is a declaration that the Township is correct and that phases 5 and 6 are no longer valid, also passed with a 4:0 vote.

Executive Session - There was no Executive Session.  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.

Forks Community Days - better each year!

The third annual Forks Community Days celebration continues through today.  If you missed yesterday's festivities, you can still get there today. 

Sue and Harry Bennett, co-chairs, deserve your thanks for putting together another wonderful community event.  They spearheaded the committees for all three of these now annual festivals.  As Harry Bennett told the Supervisors at their August 17th meeting, they start work in February and finish in September and "the two days of the show are what I get my happiness out of... I see the young children and their parents and the smiles on their faces... and the elderly people, they have smiles.  That's what it's all about."

For a few snapshots of the opening morning crowds, click here.