BoS Meeting 6/19/08 & BoS/Recreation Board Joint Meeting

Joint Workshop

Board of Supervisors & Recreation Board - 6:00 PM

Many aspects of the Neighborhood Parks Proposal and other recreation topics were discussed including: 

• Speeding on Penn's Ridge Boulevard.
• PennDOT's monkey wrench that has slowed down progress on the Meco/Sullivan traffic signal - they may require extra lanes.
• PennDOT's refusal for a four-way pedestrian crossing button at Meco/Sullivan (to stop traffic in all directions at one time). 
• The Township-wide recreation survey that was done several years ago. 
• A bridge to cross Sullivan Trail qualifies for State funds because it is greenway space - it will connect the recreation path to Bushkill and cross a State highway.  A grant application has not yet been written.  The estimated cost is $300,000 and a grant would pay for one half of it.
• The Recreation Board Five Year Plan is almost complete and the Parks & Recreation Standing Committee asked to be briefed on it at their next meeting (June 26th - time to be announced see the Township Calendar- either evening or early in the AM).  Jeffrey Bader heads the Recreation Board Five Year Plan committee.
• Gollub Park is almost ready.  Lacking are map stations, signage, picnic tables, and recycling bins. 
• Recreation Board meetings are open to the public.  They welcome resident input. 

The Recreation Board said that it has also been working on plans for parks and that the standing committee proposal is very similar.  They have asked for time to take it back to their members to explore the similarities and differences.  They will meet again with the Supervisors to review their results - watch the Township calendar for dates and times. 

Read Chris Knight (Express Times) for more on the Board of Supervisors and Recreation Board joint meeting.

Regular Meeting (agenda)

Public Comments (non-agenda) - none

Supervisor Remarks

• Supervisor Nicholas presented a special plaque to boy scout Sterling Pennington of Troop 29 for his impressive and successful Gollub Park project.  Scout Pennington is working towards his Eagle Scout badge.  He already has 31 other badges.  Slides of the work before, in progress, and completed were shown.  He thanked everyone who helped, especially Evan Benz, Nick Tarsonnelli (sic), the United Way, the Teamsters, Easton Block, and DPW Director Mark Roberts.

Nicholas also thanked Troop 29 for being very supportive of Forks Township.  She said that they camp out at Forks Community Days and help clean up afterwards. 

• Supervisor Nicholas reported that she received a phone call from Windmill Horse Farm.  The farm wishes to have horses at Forks Community Days.  They would be penned and petting would be allowed.  Supervisor Howell noted that horses are part of our rural heritage.  Solicitor Kline said as long as the area is safe for the horses and for the people petting the horses (they may bite), and that plans are in place for cleaning up afterwards, the Board can allow them.  A motion was made to allow Windmill Farm to bring horses for Community Days.  It passed 5:0.  Nicholas will notify the farmer.

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 current outstanding debt is $7,857,956.  Resident Sandy Hanks asked for clarification on the Liquid Fuels debit item and was told by Township Manager Schnaedter that it was not money for the purchase of fuel but money received by the State (based on Forks' miles of roadways) and is earmarked for roads or capital equipment.

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

• Public Safety - Supervisor Chuss - said that the next meeting is set for July 1st at 5 PM.
• Public Works - Supervisor Miller - reported the the new playground equipment installation is complete.  It only took one week and the end result it that "we can't pry the kids off of it."  "They love it."  
• Parks & Recreation - Supervisor Howell - reported that there was a 6:00 PM workshop with the Recreation Board on the topic of the Neighborhood Parks Proposal.  He said it was a very positive meeting and represents an initial step - a new beginning - with the Recreation Board.  Additional meetings will be scheduled right away in order to continue to review park needs "before summer is away from us."  These open-to-the-public meetings will be listed on the Township calendar.
• Community Relations - Supervisor Nicholas - reported that the committee discussed looking into different vendors for the Forks Quarterly.  The current edition should be "in our hands in a few days."  The committee is also gathering user opinion on the municipal phone/voicemail system.  It ill be discussed further at the next meeting.
• Finance and Administration - Supervisor Egolf - said that the committee met on June 11th and that Matt Miller has been certified for residential building inspections.  He extended congratulations to Matt Miller.  Egolf also reported that an Economic Development Standing Committee is a "work in progress." 

Township Manager's Report - Schnaedter reported that he has spoken with colleagues from other municipalities about basketball backboards and other obstructions in the rights of way.  He said that municipality will ask that they be removed and if they are not, the public works department confiscates them.  Schnaedter said that he spoke with the police department, with staff members from public works, code enforcement, and with Solicitor Kline and recommends a similar policy for Forks - as complaints are received.  Schnaedter said that Forks already has street right-of-way language in our existing ordinance.

Schnaedter re-acquainted the Board with the 2003 feasibility study for a new public works garage.  He also said that he requested a fee schedule.

Schnaedter said too, that due to a resignation, there is a vacancy in code enforcement for a part-time clerical/reception person - who can help out in the rest of the municipal offices.  The position is for 20 hours per week and a new person would start (according to the collective bargaining contract) at 80% of the wage last paid.  (The wage will rise to 90% after one year and to 100% of the current scale after two years).  Egolf said that this person will be a help with the new document management system.  It was decided that a "temp" would not be suitable as there is much to learn to be cross-trained.  A motion was made to advertise and hire for this position.  It passed 5:0.

Schnaedter mentioned a memo about a recent problem with the Meco Road sewer.  He said that he will update the Board as more information becomes available. 

Engineer's Report - agenda items only - Howell asked about the Meco light and was told that they (Keystone) are waiting for final drawings from PennDOT.  Howell said that it was brought up by residents at the earlier joint meeting and the in intersection was cited as a popular crossing to the recreation path.  He asked that the Board be brought up to date at the next meeting or before via email.

Solicitor's Report - Kline - reported on two litigations:

1. KMRD has filed an appeal (large file) to the Zoning Hearing Board rejection (large file) of their procedural challenge.  It will go before the Northampton County Court of Common Pleas for a decision.
2. The ongoing substantive challenge before the Zoning Hearing Board will continue on August 4th.  "With a little bit of luck that will be the last hearing on that matter."

Kline also reported that the bond closing on the $1 million for DPW capital projects is set for July 9th. 

UNFINISHED BUSINESS

None 

NEW BUSINESS

Forks EMS Donation Request (Erik Chuss) - Chuss asked that this item be tabled because Mr. Keifer did not get the (unapproved or approved) May EMS financial statement to the Board in time for inclusion in the Tuesday packets.  The May (approved) statement was received at the beginning of the meeting.  Howell asked that a copy be made and forwarded to Finance Manager Farley so that he can prepare a consolidated statement for the Board's review.  The motion to table and place the item on the July 3rd meeting (under unfinished business) passed unanimously.

Neighborhood Recreation Parks (Parks & Recreation Standing Committee) - This item was withdrawn because it was already discussed in the Parks & Recreation Committee report (above).

Center for Animal Health & Welfare Agreement (Rick Schnaedter) - Schnaedter reported that the main change in the revised contract before the Board is that the Township is responsible only for stray cats (and dogs) brought in by the animal control officer or by police officers.  He said that Hanover Township signed the identical contract. 

Nicholas asked if the animal control officer picks up cats and was told by Schnaedter that he does not as a rule but on occasion he does - when they are injured or perhaps attacking young kids - depending on the circumstance.  Twelve cats were picked up by the animal control officer last year.

Howell asked if an individual traps a feral cat can he still bring it in to the Center as part of the trap/spay/neuter/return program?  Schnaedter said that this is still okay and that the animal will be returned to the person who brought it in.  Resident Jim Wideman noted that the ears of feral cats are clipped by Center so that the Center and individuals know that the cat has already been through the neuter/spay program and returned to the wild. 

Howell expressed his thanks to resident Beth Adoni who brought the unsigned contract issue to the Board.  The motion to sign the amended contract passed unanimously.

Purchase Approval - Dell Laptops (Finance and Administration Committee) - Egolf explained that the Finance & Administration Committee is trying to cut back on the Township's use of paper and copying time, particularly in preparing the BoS meeting packets, and therefore has been looking into the purchase of laptops for the Supervisors.  Farley got prices for laptops - using the government account at Dell.  The price range for five Supervisors' laptops runs from $3,500 to $4,500 (Vostros with Windows XP Professional).  There will be another $500 spent in adjustments to the wiring in the Municipal Meeting Room.  Supervisors have tried using their home PCs and had problems because of the new server.  The ancillary costs are not to exceed $2,500. 

Chuss suggested that since his company is moving to VISTA that it be considered for these laptops.  Egolf said that the Dell representative does not recommend VISTA and Nicholas added that neither does the person who installed the new server.  Nevertheless, the committee will investigate the VISTA v. XP issue further before purchase.

The authorization to purchase was approved unanimously.

Award Bid - Community Center HVAC (Keystone Consulting Engineers) - There were three acceptable (per specs) bids received - for the Community Center air conditioning/heating.  The low bidder was Hannaberry HVAC at $161,040.  The other two bids were for $237,000 and $238,000.  Kline said that because the Township waived the requirement for a bid bond, each of the bidders "had an equal chance and everything is in order."

Chuss asked about the funding and Howell said that it is coming from capital improvements money from developers. 

Nicholas asked if there is a contract or just a proposal as she would like to review it.  Keystone said that it was included in the bid spec.  Kline said that the "acceptance of proposal," if tied to the bid spec, is a contract.  He will make sure the contract conforms to all of the specifications.  The vote to accept the Hannaberry HVAC bid was unanimous. 

After the vote, Miller said that the old equipment - the two heaters - are in good condition and will be perfect for the new DPW garage.  The three year old HVAC equipment from gyms #2 & #3 will also be recycled. 

Sullivan Trail Business Park Improvements - Invitation to Bid (Keystone Consulting Engineers) - Klein explained the recent history of drawing on the Sullivan Trail Business Park developer's letter of credit in order for the Township to complete the municipal improvements to the site.  He said that Keystone Engineering was preparing bid specifications for the work to be done.  Kline added that the Board also received an email from Mr. Goffredo requesting to address the Supervisors at this meeting. 

Mr. Goffredo appeared with his new counsel for this matter, Nick Noel (sic).  Goffredo told the Board that up through the April approvals for lots 5A and 5B and his appearance before the BoS at that April 3rd meeting, he thought that he had satisfied the Board and that any issues with the detention basin were being resolved by Keystone Engineering.

Goffredo said that he hoped he didn't have to go to court.  He maintained that the detention basin was constructed in accordance with the design provided by the engineer from Merchants Bank.  He added that his surveys show that the basin was constructed "within reason" of the design intent.  Goffredo said that the site contractor was Haines & Kibblehouse, Inc and that they performed the work per the plan approved by the Township.

Goffredo said that he wants to correct site deficiencies to the satisfaction of the Township and of Merchants Bank.  He asked for the opportunity to continue discussions.  He offered to replace the letter of credit in any amount the Township Engineer recommends.  He also asked that money drawn (on the letter of credit) be returned. 

When asked by Howell about the veiled threats of a lawsuit, attorney Noel replied for Goffredo and said that it is not a threat - "It's just reality."  Noel said that there was a procedural problem with the way the letter of credit was called (at the May 15 meeting) and despite Mr. Goffredo's angst, he is offering to replace the letter of credit.  Noel said that he thought that legal fees and interest can be avoided.  Howell noted that he didn't think that Mr. Goffredo wants to pay interest on the letter of credit either. 

Goffredo asked Howell why he is angry and Howell replied that it is because Merchants Bank is not getting any satisfaction.  Goffredo said that he has not received one complaint from them - and not one written notice of deficiency from Keystone on the detention pond nor anything from the Township Solicitor. Keystone's engineer said that there have been a few punch lists. 

Kline stated, "I am pleased that we finally have Mr. Goffredo's attention - in this matter with completing these municipal improvements."  He said that this is the first time in the last 22 years, save for when one developer went bankrupt, that the Township has drawn on a letter of credit from a developer.  Kline said that in all discussions since last November, it was made clear that the November letter of credit extension was going to be the last extension.

Kline added that there was no agreement in April that the Township did not want the work to be completed and that completion of the municipal improvements was a condition of the approval for lots 5A and 5B - before building permits can be granted.  At final plan approval that condition was removed by the Board because of the drawing on the letter of credit. 

Kline said that over six years, he can see no reason why the improvements have not been completed.  He added that the major concern now is the wearing course on Braden between Sullivan Trail and Merchants Bank.  The bank has been open for two years.  Kline said, too, that the detention basin is improperly installed, contains standing water, and is a health and safety concern.  He said that flow channel is flat and that there is a potential for mosquitoes and West Nile virus. 

Kline continued that because Hay was not present, it would be appropriate to table this agenda item.  Hay will be meeting with Goffredo's engineer, Jeff Ott, next week.  Kline said that he has received letters from Merchants Bank and that maybe the reason Goffredo hadn't was because he's "blown them off" with their other complaints.

Kline closed by saying that "the objective here is to provide for the health, safety, and welfare of the citizens of this community."   He said that "these things have to be done and done within a definite timetable set by the Township."  Kline said that he and Hay will be working on these things with the developer and that he will report back to the Board at the next meeting.

Goffredo said that the Township wasted money watering the newly planted trees on the site because the landscaper is bound to maintain the trees.  Howell said that he asked that the trees be watered because they were wilted and that they were planted in 95 degree weather.  Goffredo countered with, "If the tree dies, he's going replace it.  That's what his contract says." 

Nicholas said that she voted to draw on the letter of credit because she has been listening to Kline and Hay say that the punch list items are being ignored - ever since 2006.

The Board voted 5:0 to table this agenda item until July 3rd. 

Noel asked that the fees for Keystone's preparation of the bid specs be halted.  Kline agreed that this was reasonable.

Kline reminded Goffredo that the shouldn't think that the Township will give the letter of credit money back so that it can just "hope" that the work will get done.  It will not be like it was before. There will have to be deadlines before the Township will consider returning the money and getting a substitute letter of credit.

EASD Paxinosa School Addition - modify school bus access condition (Karl Kline, Solicitor) - Kline explained that "no school buses on Arndt Road" is a condition of approval for the EASD Paxinosa proposal.  The EASD objected to what looked to them to be a total prohibition of any school buses on Arndt Road.  At a meeting with the EASD, Miller, Schnaedter, and Kline the following agreement was worked out:  "Developer agrees that there shall be no Paxinosa School and Shawnee School bus traffic on Arndt Road between North Trail and Echo Trail..."  The developer is the EASD and the buses coming from the west will enter the campus via North Trail and those coming from the east will use Echo Trail.

A motion was made and seconded to accept the revision to the conditions.

Egolf asked about school buses on Mitman Road to Wagoner.  Egolf said that Mitman is not designed for school buses and that there will be a serious accident one day on that hill and that there is a near miss there daily.  Kline said that it was discussed but the school does not think it's a problem.  Egolf said that in his capacity on the transportation sub-committee for the Comprehensive Plan, he learned that the original agreement (for Shawnee) was that the buses would use Bushkill Drive to Arndt Road.  He added, "We are on borrowed time on that hill and the school district knows it."

Kline suggested sending a letter to the EASD urging them to cease using Mitman.  He said that this is the time of year they are working out the bus routes for the new school year.  Egolf again stressed the seriousness of the Mitman Road route and said that he couldn't believe that they were concerning themselves with 40 buses passing on a stretch of Arndt Road instead of with the Mitman Road safety issue.

Miller said he agreed 100% and that when Shawnee Middle School was being discussed, the school brought up bus routes and said that there were to be no buses on Arndt Road.  Chuss said that he recalls that buses on Mitman were absolutely discussed (Planning Commission) and that representatives from the district said that buses would not use Mitman Road - although, he added that there is no EASD commitment in the documents.

Nicholas said that she was at the meeting and EASD said that they would not use Mitman Road but would use Bushkill to Arndt.  She added that school buses cannot stay on their own side of the road to navigate the curves on Mitman.  

A vote was taken on the acceptance of the revision to the conditions for bus traffic on Arndt.  It passed unanimously.

Next, Howell suggested that the BoS form a very strong resolution about buses on Mitman and that the resolution be placed on the next BoS agenda.  A motion that Kline craft a resolution in the strongest terms to induce the abandonment of Mitman as a bus route and to have the buses use Bushkill to Arndt was made and seconded. 

Former Supervisor John Ackerman suggested that it include the words "trucks and buses are prohibited from that stretch."  Kline noted that State standards for weight and safety must be followed before traffic can be limited on any road. 

The vote authorizing a resolution was 5:0.

Another motion, to authorize Keystone to review Mitman from Bushkill to Wagoner - to examine the road, the curves, the incline, the width, etc. with recommendations for restrictions for purposes of safety - passed 5:0.

For more on school buses on Mitman Road read Madeleine Mathias (Morning Call).

Comprehensive Plan Discussion (Erik Chuss) - The BoS received their copies of the draft Comprehensive Plan in their Tuesday packets.  Email sent by Schnaedter advising each Supervisor that the copies were in the Municipal Building never made it to them as their email has not been working. 

Chuss said that he was impressed by Mr. Schmehl's work and that he reviewed the new draft.  He said that the changes are marked and it only took him about 45 minutes to review them.  He said he also took another 45 minutes to go through the entire plan again.

He recommended that it be forwarded as soon as possible to the Lehigh Valley Planning Commission for comment(s) - a review process that can take up to 45 days.  

Chuss also suggested a joint meeting with the PC to review the draft.  And, when Howell said that he would like a generous amount of time to review the draft and to see if his comments are in it, and if not, an opportunity to submit his comments, Chuss called it a "stall tactic on this Comprehensive Plan."  Chuss said, "I think you owe it to the people who have invested a tremendous amount of time and done a fantastic job, to move this along as expeditiously as possible."  He said that the changes are noted and that if anyone had a comment, they should have saved them.  He added that he saved his and looked to see if they were in the plan.

Howell asked if Nicholas' comments were in the plan and Chuss said that they are.  Howell said that he has been making comments all along and that they are written. 

Ackerman said that each committee member should get a copy so that they can read it and see if they have changes.  He said that he would like a copy to review. 

It was also suggested that the draft plan be uploaded to the Township website for public review. 

Chuss' motion to send the draft to the LVPC died for lack of a second.

Chuss' made a second motion, to hold a joint BoS/PC workshop at the end of the regular PC meeting on July 10th to review the draft Comprehensive Plan and then to place the plan on the July 17th BoS agenda.

Howell asked that copies of the sections be made available to the sub-committee members.

Egolf suggested that email notification to the sub-committee members be sent asking them to request a copy of their section so that it can be prepared for them to pick-up.  He said that he thinks everyone should be notified that the latest version is available. 

Dean Turner (PC Chairman) asked what the purpose of the workshop will be?  Howell said that it was just as Chuss' motion stated, to review the draft Comprehensive Plan.  Chuss suggested that submitting comments in advance might be helpful.

The motion to have a joint meeting at the end of the regular PC meeting on July 10 and to add the Comprehensive Plan to the July 17 agenda passed 5:0.

Chuss noted that if the Comprehensive Plan goes until August before the Board votes on it, the soonest it can be enacted is fourth quarter 2008.

Stryker Brigade Combat Team - Developers Agreements - (Karl Kline, Solicitor) - Kline said that the developer's agreements are in order but unlike most, the Township signs these first.  The State signs second.  The agreements were accepted in a 5:0 vote.  Kline noted that there will be a pre-construction meeting on Wednesday at 9 AM.

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 4/3/08

Regular Meeting (agenda)

The Supervisors devoted over an hour to hearing the Forks EMS and Suburban EMS discussion of how much is owed to Suburban and the plan the two groups may work out to make it right.  Please read the EMS articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call) and, for notes on the rest of the meeting, see below.

Supervisors' Comments

Supervisor Chuss gave an update on the Comprehensive Plan progress.  He said that the Planning Commission (PC) will review the input from the public hearing, including the Ramblewood extension, at their workshop on April 22.  After the PC review, the plan will be sent to the Lehigh Valley Planning Commission for review and comment and that it will likely be before the Board of Supervisors (BoS) in May. 

Chuss noted that the Comp Plan mentions using the Real Estate Transfer Tax (RETT) to fund farmland preservation.  He suggested that it be put on the ballot in November.  He said that if the BoS agrees, the PC can address the issue and Kline can be asked to develop the steps necessary to get it on the ballot.  Planner Georgeann Wambold said that it is important and that most of those at the PC hearing thought it (the RETT) a good idea.  Chuss offered that another alternative, a 1/4% addition to the Earned Income Tax (EIT), is not a good thing to do in view of the tax pressures on residents. 

Planner David Billings said that (increasing the RETT to fund open space) is not a PC issue.  He recommended that the BoS pass a resolution this night or at least have Kline advise them on what to do.  Supervisor Howell suggested that it be given to the Finance and Administration standing committee for review so that they can iron down the best way to do it, settle on a rate, get advice from Kline on matters that might be part of the enactment, and make a recommendation to the BoS. 

Supervisor Egolf said that the next committee meeting is set for April 23 and he wondered about the time constraints.  Billings said that the Board of Elections told him that the Township has until three weeks before the (November) election to get it on the ballot.  Billings also said that the maximums allowed by law are .25% for the RETT, .25% for the EIT, and 2 mils for the Real Estate Tax.

Chuss noted that he wants it to go back to the PC because it is in the overall plan.  Howell said that it is a tax and not a planning issue.  Howell added that the PC can be advised that it's in committee and that they can join in their discussion.  And, as a tax, the BoS can probably "fast-track" it. 

Solicitor Kline noted that there are several kinds of taxes that can be used, the RETT, millage, and the EIT and that each have different impacts.  He said that this is a policy issue and someone has to decide which is the appropriate tax.  Howell said that after the BoS decides, a public workshop can be held by the PC or the Finance & Administration committee.

Township Manager Schnaedter suggested that if it goes first to the Finance & Administration committee, staff will have time to do research and project revenues for each of the options. Supervisor Nicholas said that she would like (Finance Manager) Jim (Farley) to look into it. 

The motion "to have the Finance & Administration committee investigate and draft a referendum for the November election that would look into developing a farmland preservation fund using RETT (for an example)" was initiated by Chuss and seconded by Egolf.  It passed 5:0.

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. Current outstanding debt is $7,893,692.

Chuss asked about the Traffic Study expense item ($45,782) and was told by Schnaedter that this was an ongoing traffic study that is now completed.  Chuss asked if there would be a new report in the future and Schnaedter said that there would be one.

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

• Public Safety - Supervisor Chuss - reported:
  • The Police Department (PD) has received plans/prices for the modular furniture.  He said that the furniture will cost $18,000 and that there is $45,000 in the budget.  Schnaedter and the police department will prepare a report for the BoS.
  • The county installed repeater has offered some improvement for the communications issue but the issue may have to be revisited if the improvement is not sufficient.
  • Four bids were received for the  Fire Department training tower.  Three of the bids are under $350,000.  At the April 15 committee meeting (5 PM) the preferred bidder will be selected.
  • Richard Bassett (Forks' Emergency Management Coordinator) is reviewing Forks plan/procedures and will have a new draft in May.  He will keep them in sync with the new plan being drafted by Northampton County.
  • A RFP (Request for Purchase) - for analysis of cameras & CCTV for the entire complex to see which need to be moved/relocated and which need to be replaced - needs some language from Kline.  Resident Jim Wideman asked, "Who will pay for the new cameras?"  Howell explained that the analysis is of the entire municipal campus and it will suggest reallocation and/or additional equipment.  Nicholas suggested a BoS tour to see how the cameras work and what areas are covered.
• Public Works - Supervisor Miller - said that the next meeting is next Tuesday.
• Parks & Recreation - Supervisor Howell - reported that the committee's agenda is getting significant and that one meeting per month is not enough.  A second meeting will be held on the second Thursday at 4 PM (in addition to the regular meeting on the fourth Thursday at 4 PM).  Among the significant items being discussed are:
  • The access road at Gollub Park - construction is underway despite the rain and mud delays.  The path has been "etched in the forest."  Park use has been prohibited until the major foundation of the road is in place.  The crews will work on it until it is finished and there will be additional landscaping (and amenities such as benches) at the entrance. 
  • Miller and (DPW Manager) Roberts are conducting a survey of all parks and parks equipment - including toddler lots.
  • Up for future discussion are:
    • Satellite neighborhood parks - two sites are under consideration, the baseball park near Vista Estates and Penn's Ridge - one of the most densely populated developments in the township has no recreational facility.
    • A dog park at Lafayette Park.
    • Restroom facilities where required.
    • Amphitheater - the most significant project this year.
  • There are two major repairs to be done - the tennis and basketball courts - both are cracked and both are expensive to repair.  The decision to be made is whether to replace, reallocate, or repair them.
• Community Relations - Supervisor Nicholas - said that the next meeting is on April 14 at 6 PM.  Nicholas announced that the newest Forks Quarterly is in the mail to residents.
• Finance and Administration - Supervisor Egolf - reported that the next meeting is scheduled for April 23 at 5 PM.  It will continue until they are finished.  On the agenda is the newly added farmland preservation referendum and the financial review of the 2007 budget.
  • Demo of New Audio Visual Equipment by Zoning Officer Tim Weis - Weis put the new smart board through its paces.  Supervisors were able to see the plans and annotations on the monitors in front of them.  The  audience was able to see the what the Supervisors were seeing too, on the large white board.  Future plans presented to the Township will be displayed in this new digital format.  

Township Manager's Report - Schnaedter - reported that two years ago, when Tim Weis was the Emergency Management Coordinator, he (Weis) submitted an application for a hazard mitigation grant.  Funding has been granted for flooding remediation to the 3000-3900 block of Kesslersville Road.  The project will involve elevating the roadway and adding a culvert.  It will cost $250,000 and the grant will fund 75% of it.

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - reported on three of the current litigations against the Township:

1. Weis litigation - Kline said that last month Judge McFadden (of the Northampton County Court of Common Pleas) upheld the Township's granting of Conditional Use for the Weis Market.  Scott Gingold and the Residents Who Care (RWC) group have filed a new appeal - to the Commonwealth Court.  This could hold up the project for up to a year.  Weis Market's attorney is considering filing a petition (to the lower court) to force the appellants to post a delay bond - for the delay and for the increased construction costs over the year.  The bond may be for several hundred thousand dollars.  If the court deems that there is no really good reason for the new appeal (to the Commonwealth Court), it can require the bond - which, if the appellants lose, will be paid to Weis Market. - (Note:  see JD Malone 4/7/08 Express Times for more)
2. KMRD procedural challenge - On March 24th, in a unanimous decision, the Forks Zoning Hearing Board (ZHB) rejected the KMRD procedural challenge.  A written decision is being prepared.  Originally KMRD alleged that there were 18 defects in the process for the 2006 Zoning Ordinance.  At the first hearing session, KMRD's attorney dropped 17 of them. 
3. Kings Farm subdivision - This plan was filed under the 2001 zoning ordinance by Dennis Benner, Nic Zawarski & Sons, and JT Maloney/Signature Homes.  The developers didn't really do any work to establish that there could be viable on lot septic systems for their site and after many time extensions, the Township rejected the plan.  On April 1, Judge Beltrami upheld the Township decision (large file).

Kline said that the litigation with KMRD is now entering its third year.  Originally he predicted that the KMRD zoning challenge (the ongoing one) might last five years.  He said that at this point, he predicts that it will last at least five years, if not several years more than that. 

"These KMRD cases show that when greedy developers try to force Forks Township to change its zoning to accommodate several thousand more houses in the Farmland Protection District, the Township is going to fight them every step of the way."  (Karl Kline.)  From the audience, "Here here!" and applause!

Kline went on to say that so far, "The ZHB and the Court of Common Pleas of Northampton County have supported and upheld all of Forks Township's decisions in all of the KMRD litigation and all of the Weis Market litigation."

Howell said that the Township is deeply indebted to Solicitor Kline and to attorney Steven N. Goudsouzian for the fine representation they have offered and continue to offer to the Township.

Comments from the floor:

• David Billings - said that he had intended to ask the BoS to adopt a resolution for an additional .25% increase to the RETT to help pay for farmland preservation but it was discussed at the beginning of the meeting.  He thanked Chuss for introducing it and the BoS for acting on it. 
• Gregory DiNardo - said that his business, a mixed use office, warehouse, and construction operation, at 1500 Uhler Road was included in the Heritage Corridor District when the Township re-zoned ten years ago.  He would like it to be in the EC (Economic Center) District.  Howell suggested that he put his ideas in writing and present them to the PC at their April 22nd workshop where the PC will be discussing the Comprehensive Plan and public input from the hearing.

UNFINISHED BUSINESS

Administrative Policy - Legal and Engineering Services (Rick Schnaedter, Township Manager) - Schnaedter said that a draft from the (Finance & Administration) committee  was in the BoS packets for consideration.  He said that basically it sets guidelines for the engagement of engineering and legal services for the members of the BoS, staff, and various Township committees.  Howell asked what the goal was.  Schnaedter explained that the policy is driven by economics and efficiency and is an attempt to eliminate repetition of effort by the various members of boards and committees.  Miller motioned to adopt the policy and Nicholas seconded.  The new policy passed unanimously. 

NEW BUSINESS

Economic & Development Committee Proposal to Transfer to Finance & Administration Committee for Study (C. David Howell, Supervisor) - Howell reported that he asked Egolf at the last Finance & Administration committee meeting to distribute this proposal to the committee members.  Howell said that it has been on his shelf for a number of months.  The proposal is regarding the establishment of an Economic & Development Committee.  Egolf thought that the BoS should be advised that the proposal has been made and that the BoS should be asked to reassign it to the committee for further study. 

Howell read a one page summary of the proposal.  He said that it is time that the BoS take a leadership role in the development of Forks.  Forks is feeling the financial impact of the slowing of residential development (fees paid by residential developers have declined significantly).  Forks has a an inventory of prime commercial property and Howell said that commercial development is the most attractive tax base that a community can have.  Commercial development does not fill the schools with kids and does not require the infrastructure and service levels that residential development requires. 

The mission would be to develop policies and initiatives (approved by the BoS) to promote and maintain commercial investment within the Town Center (TC) and EC Districts.  The committee would strive for a friendly and mutually beneficial environment between local government and the business community.  The committee would be composed of representatives of/from the BoS, staff, and representatives of the business community.

The motion to reassign this to the Finance and Administration committee was made by Howell and seconded by Chuss.  In discussion, Chuss said that he's been involved with economic development in Forks since 1993.  He was a member of that year's Comp Plan subcommittee and was active on the economic subcommittee for the new Comp Plan.  Chuss said that he believes there will be more support from the business community than expected and that the business community will really appreciate "something like this."

The motion passed unanimously. 

Sullivan Trail Business Park - Daycare & Office Buildings (Tim Weis, Zoning Officer) - The presenter, Jeff Ott of Ott Consulting, Inc. was the first non-staff person to use the new audio/visual digital equipment. 

The project is a minor subdivision of lot 5 in the Sullivan Trail Business Park, west of the Merchants Bank.  The developer wants to make two lots from one - 5A and 5B.  Lot 5A will house a 10,000 sq. ft. office building and lot 5B is for a branch of Kiddie Academy.  In order to reduce property taxes (and other costs), the lot division will be asymmetrical with more land going to lot 5B (in a flag lot shape) - that land is behind 5A. 

For Kiddie Academy, 42 two parking spaces will be paved and 42 will be unpaved but reserved for future parking should it be needed.  The land for the reserved parking will belong to the newly created lot 5B.  Kline stated that the ordinance requires that additional space be reserved so that it can be built when needed.  He said too, that the issue also involves a cross easement for the full movement driveway. 

Nicholas asked the obvious question:  What will happen if the daycare is no longer there?  Kline replied that the easements must be permanent easements.  Kline also said that the there should be enough security to put in the (reserved) parking and if a new company comes in, it will be a new use.  There was much discussion about sidewalks, detention basins, plantings, etc.

Kline offered that the main issues before the BoS are that this is a minor subdivision and that currently, the municipal improvements to the Sullivan Trail Business Park are not completed.  He said that the project cannot proceed until the developer completes the improvements and that in consideration of the land development for the daycare, permanent easements for the driveway and the reserved parking area must be obtained.  No development can be permitted on the reserved parking area and the Township can require security for up to one year after issuing the certificate of occupancy (CO).  The development must be in compliance with Keystone Engineering's letter and all fees must be paid before any building permits can be issued.

The developer's attorney, Terry Faul, said that the developer, Michael Goffredo, prefers to extend the letter of credit (LC) until the road top coating is completed and that will be after the Weis Market is built. 

Goffredo began site work on the Sullivan Trail Business Park in 2001.  The detention pond is not completed.  Kline suggested that the developer pay the Township to put in the "wearing course" (road surface) and other necessary site improvements.  In response, the Faul said regarding the detention pond dispute, that it was installed according to plan and that settling occurred.  He acknowledged that the settling must be repaired.  Hay said that the there were no low flow channel dimensions on the plan.  Goffredo said that he will get in there as soon as possible to make improvements to the channel.  The weather has been a factor.  He added that the tree plantings should be in by the middle of May (except on the Weis Market site).  The absence of installed street lights is a PennDOT delay as PennDOT must erect the standards. 

Kline remarked that the developer has sold almost all of the lots and that the uncompleted work is disturbing.  The fact that it is a preliminary plan gives time for Hay to work with the developer to insure that things get done before final plan comes back before the PC and ultimately back to the BoS for final approvals. 

Four motions were made by the BoS and all were approved unanimously:

1. To approve the waivers as set forth in the Keystone letter of 3/7/2008. 
2. Recommending preliminary approval of the minor subdivision (of lot 5 into lots 5A and 5B) subject to the condition that the subdivision plan cannot be recorded until all improvements in the existing Sullivan Trail Business Park are complete as determined by the Township Engineer - with the exception of the "wearing course" for which the developer will pay the cost to the Township as determined by the Township Engineer.  
3. Recommending conditional preliminary plan approval of the daycare land development plan subject to the following conditions: 
   1. The developer will have to obtain the permanent easements from the owner of lot 5A for the main driveway and the reserve parking area.  Proof will need to be provided to the Township Solicitor. 
   2. As to the reserved parking area at the southeast portion of lot 5a, this shall initially be a grassed area and development is not permitted on this area.  If the Township subsequently requires the reserved area for parking as part of lot 5B, then this would have to be constructed and plan note to this effect must be placed on final plan. 
   3. No building permit would be allowed to be issued for 5B until all of the subdivision improvements for Sullivan Trail Business Park have been completed as determined by the Township Engineer (except the wearing course paving).  
   4. Compliance with all the terms and conditions set forth in the review letter by Keystone Consulting Engineers.  That would also include the standard rates for the recreation fees, capital improvement fees, and the sewer tap-in fee for commercial land development. 
4. Recommending conditional preliminary plan approval of lot 5B, office building development.  Conditions of approval (are similar to 5A):
   1. The developer will have to provide the cross easements to the owner of lot 5A for the driveway and reserved parking):
   2. (Reserved parking area will) Initially be a grassed area.  Development will not be permitted on that parking area (plan note to that effect).
   3. The developer is not entitled to be issued a building permit for the office until all the improvements for the Sullivan Trail Business Park have been completed as determined by the Forks Township Engineer - taking out the paving.
   4. Compliance with all the terms and conditions set forth in the review letter by Keystone Consulting Engineers including the standard capital improvement fee, the rec fee, and the tap-in fee.

Animal Control Officer - change in Compensation (Rick Schnaedter, Township Manager) - Tabled because DPW Director Mark Roberts was absent.

Forks EMS Billing Issue (Erik Chuss, Supervisor) - One full hour was devoted to the Forks EMS and Suburban EMS billing issues discussion.  Before the Board, the two EMS groups to agreed to work out a plan where Forks EMS will pay Suburban $10,000 of the $27,000 it owes and where Suburban may then take over the billings for ambulance services. If agreed, Suburban would not withhold a portion of monies due Forks EMS (to collect on the outstanding debt), but would pay them what is due them for services.  Forks EMS would repay Suburban the outstanding debt over time but stay current on current billings.

Per Medicare rules, only one ambulance invoice is allowed, no matter whether the service needed is BLS (Forks EMS is the Township's basic life support service provider and Suburban is the advanced life support provider) or ALS or a combination of the two. To date, Forks EMS has done the billing and failed to pay Suburban for its provided ALS services.  For more details on the EMS discussion, read both JD Malone (Express Times) and Madeleine Mathias (Morning Call).

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 3/6/2008

Regular Meeting (agenda)

The Board of Supervisors meeting began with a moment of silence for Elwood "Tiny" Smith, a lifelong resident of Forks, a former Forks Supervisor, and lifetime member of the Forks Fire Department.  Mr. Smith passed away on March 1, 2008.

This night Supervisors considered and voted against an audit of Forks EMS.  Read more in JD Malone's Express Times article. 

The Supervisors also voted to adopt Ordinance 309, the Farmland Preservation Tax Millage Freeze.  Currently the only farm in the Township that qualifies is the Elsie Louise Brown farm.  At least one other has filed an application to become a preserved farm.  If it is accepted by the County, it too, will qualify for a tax millage freeze.  For more background, see JD Malone's post on the (Express Times) Easton Area Blog.

Supervisors' Comments

Supervisor Nicholas said that she asked Finance Manager Jim Farley to prepare a report of last year's budget (by departments) so that she (and the Board) can see where the budget was over and under.  She would like to know "where we went wrong and how to make it better."  The Finance and Administration Committee will review the report first.

Supervisor Egolf reported that he and Supervisor Chuss attended PSATS (Pennsylvania State Association of Township Supervisors) training workshops on February 2nd and 9th.  He said that the sessions were "informative... and long."

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. Current outstanding debt is $7,911,513.

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

• Public Safety - Supervisor Chuss - reported that the committee met on March 3 and that they are making a lot of progress.  The police department has received sketches of the modular furniture and there is some interest by two departments, for the old furniture.  The communications issue with the County is being addressed.  The fire tower bid request was advertised with an extended bid closing to March 22.  Fire Chief Bryan Weis said that he wants to update the burning ordinance.  The emergency operations procedures draft will be reviewed at the April Public Safety Committee meeting.  Also, Chuss said that EASD (acting) Superintendent Kish sent a letter thanking Chief Dorney and the Forks police officers for a job well done with the leap year rumors issue.
• Public Works - Supervisor Miller - said that the committee will meet next week.
• Parks & Recreation - Supervisor Howell - reported that the last meeting was canceled but that the committee is working to survey and address all recreation and park assets for repair/replacement issues.  A report will be made to the Board on those items as well as the estimated costs.
• Community Relations - Supervisor Nicholas - said that the next meeting is Monday at 6:00 PM.  The newsletter is going out within the next two weeks.  Nicholas also said that changes have been made to the Township website.   
• Finance and Administration - Supervisor Egolf - reported that the committee met on February 27.  He said that Tim Weis reported that the camera system for the municipal meeting room will be installed on March 12-13.  Egolf also announced that Barb Bartek, Tim Weis, Jim Farley, and Mark Roberts will attend an Employee Harassment Training For Supervisory Personnel seminar at Lafayette College's Meyner Center on March 20.  Also, Rick Schnaedter and Jim Farley are continuing to evaluate the record storage issue and the committee is working on a protocol for record storage.  The next meeting is March 12 at 5 PM.

Township Manager's Report - Schnaedter - introduced Sarah Marten, Director of Community Relations of the Lehigh Valley Iron Pigs.  She said that the Phillies are interested in community involvement and she is passing the first pitch ball through all the LV communities.  Chairman Howell pitched to Schnaedter who caught the ball successfully.  The official season begins on April 11th.

Schnaedter said that he was approached by a representative from a Forks business who wanted to know if the Board would be interested in initiating a business association.  He described it as informal and asked if the Board would send a representative to the inaugural meeting.  Chuss asked if more than one Supervisor may attend.  He said that a group like this is one of the recommendations in the draft Comprehensive Plan.  Both Howell and Chuss volunteered. 

Schnaedter reported, too, that two grant applications have been submitted and that the DPW is working at Gollub Park.

Engineer's Report - (Ryan) Christman - agenda items only.

Solicitor's Report - Kline - reported that the Northampton Court of Common Pleas upheld the Township decision to allow a grocery use in the EC.  The issue was threefold: 

1. The zoning ordinance - challenged
2. Land development - not challenged
3. Approval of Conditional Use - challenged

The challenger, Scott Gingold, has thirty days to appeal.  If he does, the case goes to the Commonwealth Court. 

Kline said that he was in contact with Weis Market representatives and that they are looking forward to starting (construction).

Comments from the floor - None.

NEW BUSINESS

Community Center Fitness Room Access System Proposal - Farley explained that this proposal is to install a swipe card system to prevent use of the fitness rooms by folks who do not pay.  The rest of the complex is on a Simplex/Grinnell system and this would piggyback on it.  The cost is $8,000 (plus) and the money is accrued from last year.  The roll call vote was 5:0 in favor. 

Fort James III - Lot #17 - Weyerhaeuser Land Development - Final Plan - Project engineer Steve Pany presented a summary of the plan to the Board.  It is a rail served site with 100,000 square feet of building - for lumber storage both inside the building and in the yard.  Weyerhaeuser expects to send out 25 trucks per day to retail destinations and employ 27 people initially.  Future expansion could take the employee total to 50.  The Board roll call vote was unanimous (5:0) in favor with conditions.   The conditions include the engineer's letter and that the emergency access road will be maintained and plowed (by Weyerhaeuser now and the owner of lot 1 when that lot is sold).  See the Express Times March 7th article for more.

Meyner Center of Lafayette College - Proposal to Survey - Tabled.

Ordinance #309 - Adoption (Farmland Preservation Tax Millage Freeze) - Kline explained that Maria Bentzoni, the Farmland Preservation Program Administrator for Northampton County addressed the Board on February 7th.  She detailed the program that will allow millage rate freezes on approved preserved farms in the county and said too, that in order to work, the all three taxing bodies must "join in."  So far, Northampton County is on board.  The EASD has yet to commit.  At this time, only the Elsie Louise Brown farm is in preservation and qualifies.  Another farm has applied but has not yet been accepted.  The ordinance was properly advertised and the roll call vote to pass the ordinance was unanimous, 5:0.  Kline will send a copy of the ordinance to the County and write a letter to the school district encouraging them to adopt a resolution.  He said that the EASD has the most to gain by preserving farms - fewer new homes and thus fewer new students.  Egolf suggested that because Mr. Kish is the "acting" Superintendent, that copies be sent as well to all EASD board members. 

Jim Wideman (resident) asked Kline the millage freeze would apply to land preserved through the Heritage or Wildlands Conservancies.  He wondered if it was just for land preserved through the counties.  Kline replied that he thought the ASA (Agricultural Security Area) provision would cover those preserved lands as well.

Establish Fire Department 2008 Idle Rate - Schnaedter said that this item was discussed at the Public Safety committee meeting and Fire Chief Bryan Weis suggested that the Federal reimbursement rate of 50.5 cents per mile be used for actual mileage used.  And, although the FEMA rate for idle time is $19.90 per hour, Weis suggested $3.98.  Weis uses his personal vehicle for fire events and idles it while on scene to keep electronic equipment running.  Nicholas wondered why the billing couldn't be done quarterly as it would cut down on record keeping for the office. 

Chuss made a motion that both the IRS rate for mileage and the requested idle time rate with a cap at $3,500 per year be approved.  Nicholas said that the cap was not right.  She said that last year it was $800 and was raised to $1,600.  Nicholas said too, that the fire department was over-budget last year.  Chief Weis said that the Fire Ordinance indicates that the cap is to be approved annually and his letter is asking that the cap be changed to match the budget line item of $3500.  Nicholas said that there are other items in the budget line item than just the idle time cap.  She warned that they better start looking at the budget. 

Howell offered that the fire department is staffed with volunteers and that no car is provided.  He thought it counter-productive.  Howell said that the Township is spending a lot on public safety (new police officers and modular furniture for the PD) and not on fire department payroll.  Howell asked if the Board is saying that if the cap has been met, Chief Weis will not be reimbursed for his expenses at additional fires?  Egolf expressed his support and reminded everyone that the Chief and Assistant Chief use their personal vehicles and pay for wear and tear, new tires, etc.  He thought it a bargain compared to the Township buying and maintaining two additional vehicles. 

From the audience, Sandy Hanks asked, "Why is it necessary to idle your car to run the computer?  Don't you have a battery?"  She said that she was against raising the cap since it was done just last fall.  Chuss said that the rates are used by companies all over the country and are very fair. 

The roll call vote for the new rates and cap was 4:1 with Nicholas casting the nay vote. 

Authorization for Forks EMS Audit - Chuss explained that it has been a year since the Forks EMS reorganized and there are concerns about its current finances.  He said that the $20,000 township payment has been restricted to paying Suburban EMS for monies due them if the funds are distributed at all.  Chuss said, too, that the EMS president thinks an audit would be beneficial.  Chuss suggested using Forks auditors, France, Anderson, Basile & Company, P.C.  He thought the cost of the audit would be between $3,000 and $5,000.  Chuss' motion was to get approval to seek bids/proposals to audit the year end financials of the Forks EMS and to approve spending $3,000 to $5,000 from the general fund to do the audit. If the amount exceeds $5,000, the audit will not be pursued.  The auditors will be determined in discussions with Forks EMS and the Township.  Egolf seconded the motion. 

Nicholas asked what will be done with the audit information.  Chuss offered that the  audit will verify accuracy and will help restore confidence.  If the audit uncovers errors, it will help the EMS to correct and properly record their data.  Nicholas asked why are we spending taxpayers' money to find out that they are losing money every month?  Will there a decision that will be made at the end of the audit?  Chuss said that no, he didn't anticipate that.  Nicholas said, "So we are paying for an audit and there will be no decision made?"  She said that Farley has looked at the paperwork from the EMS.  Farley confirmed that he has and that an audit (of an organization without six to eight years of records to examine) can only find material misrepresentations or compromised practices.  He said that the monthly statements submitted speak for themselves. 

Howell offered that Forks EMS is the Township authorized BLS (basic life support) provider and is required to give monthly asset and liability and income and expense statements to the Board.  Farley has taken the monthly statements and consolidated them.  The submitted reports are prepared for the EMS by a CPA but they are not certified reports.  Howell asked Farley if he thought the reports accurately reflect the condition of Forks EMS.  Farley replied that he thought they did and that the numbers are not "good."  Howell said that if the Mr. Kuhn (the CPA and a member of the EMS board) had a bias the reports would look better than they are.  The numbers show that Suburban is now owed $30,000.  Howell said that the service being provided by Forks EMS is as it should be and they say that "they will continue until they can't." 

Morris Metz (former Supervisor and one of the founders of the Forks EMS 36 years ago) said that he has more than a "glimmer of hope" that the EMS will be successful.  He has been asked to return to the squad as a director and he accepted.  He said that what the squad needs now is the support of the Supervisors and the support of the citizens of Forks.  Mr. Metz said that there will be an open house in early April (after one year of service) and that he supports them 100%.  Forks EMS saved his life in 1986.

Gretchen Gerstel offered that she heard that 16 people in the EMS are being paid.  She said that she doesn't know if that's true.  Gerstel said that in her opinion an audit is not necessary.  Howell said that the trained medical personnel and the administrator get paid.  Nicholas said that there are 16 paid and only one volunteer.  She said that no one is questioning whether the EMS is doing a good job.  She said that paying money for an audit will not do any good for anyone.

Egolf said everything he is hearing in the discussion is punctuated with with a question mark.  He thought that the audit might answer some of the questions that have been raised and would be beneficial to the Township and the squad.

Miller said that he's known John Kuhns (the accountant) for 30 years and he believes the figures provided are accurate.  He said that he supports the emergency squad and does not want to see them go under.  Miller said that he'd rather take the $5,000 and add it to the $20,000 and give them $25,000.  He thought that would be a better way to spend taxpayers' money.

The roll call vote for authorization to get bids/proposals for an audit (as noted above in the motion) was 2:3 with Miller, Nicholas, and Howell casting the nay votes. 

EXTRA:  Erik Chuss announced that the Kiwanis is having Breakfast with the Easter Bunny on March 15 from 9-11:30 AM at the Career Institute of Technology (CIT).  Admission is $6 for kids over 12 and $4 for kids 2-12 years. 

Morris Metz thanked the Supervisors and the Township for the WWII plaque restoration.  Metz said that is is a tribute to all those from Forks who served in WWII.  He said that it was in his barn for three years or more until someone came up with the idea to restore it.

Howell reminded everyone that the "rogues gallery" of Supervisors photos is on display in the hall and that Morris Metz and Elwood Smith are in the photos. 

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 2/21/2008

Regular Meeting (agenda)

The Board of Supervisors was asked by Police Chief Dorney to appoint three new police officers. Two will fill vacancies created by recent resignations and the third will fill a new position called for in the department five-year plan. Two other officers were promoted, one to Captain and one to Detective. Read more below and in articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call). The police department appointments were moved from the NEW BUSINESS section of the agenda to the beginning of the OLD BUSINESS section at the request of Chief Dorney.

Supervisors' Comments

Chairman Howell said that he attended the hearing held by Representative Freeman on H.B. 2018, the bill to allow municipalities with greater than 17% tax exempt properties to share in monies collected for a liquor tax (that currently goes into the PA general fund). This (now) 18% liquor tax was originally enacted to help with the 1936 Johnstown flood. It was never repealed. Large amounts of tax exempt properties put an inordinate burden on the infrastructure to serve all the citizens. Howell provided the Board with some examples and cited Gettysburg, where 79% of the property is tax exempt because of the Gettysburg College. He said that Gettysburg would be entitled to a $702,000 payment. Howell said that Finance Manager Farley is putting something together for the Finance & Administration Committee to determine whether the proposed legislation may benefit Forks. Forks has schools, churches, parks, the Municipal Complex, the airport, etc. that are all tax exempt. At the least, the committee will determine whether or not to recommend that Forks endorse the legislation through resolution. The endorsement would be passed on to Reps. Grucela and Freeman to show support for their efforts.

Supervisor Miller updated the Board on the Bushkill Streams Conservancy's work to thwart further destruction by the two beavers that have been spotted near Lion's Park. Eighty seven (new) trees now have wire fencing around them.

Miller also said that an Antique Knife & Sword Show is coming to the Community Center September 27-28. There will be exhibits of military swords, antique daggers, and more. The show's sponsor is printing 10,000 flyers.

Supervisor Nicholas reported that she attended Boy Scout Troop 29's meeting and gave a talk on "their constitutional rights." She said that she was approached by at least five potential Eagle Scouts who are looking for projects. One of them, Sterling Pennington (sic) has volunteered to "do the parking lot at Gollub Park." Nicholas said that his good ideas include putting in a guard rail, a retaining wall, and a trail map. Nicholas said, too, that she asked DPW Director Roberts for ideas and he said the parking lot by the catch & release looks "ratty." Nicholas will try to get one of the scouts to improve it.

Nicholas said that she and Howell walked Gollub Park last weekend just to check it out. She noted that there are remnants of a pavilion there and that it, too, may be a good Eagle Scout project.

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. Current outstanding debt is $7,927.858.

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

• Public Safety - Supervisor Chuss - reported that Chief Dorney is still gathering information on modular furniture for the Police Department. Chuss said that the committee has items on the agenda.
• Public Works - Supervisor Miller - said that he was not at the Public Works Committee meeting. Township Manager Schnaedter reported that various options for a new public works building were discussed - size/bays/land. Schnaedter said that the discussion is very preliminary.
• Parks & Recreation - Supervisor Howell - said that the committee will meet next Thursday at 4 PM.
• Community Relations - Supervisor Nicholas - reported that because advertisement purchases have been slow as business are still getting their (advertising) budgets together, the new edition of the Forks Quarterly will come out in mid-March. She said that the rest of this year's editions will be on time.
• Finance and Administration - Supervisor Egolf - said that the last meeting was canceled because of ice and that the next meeting will be next Wednesday at 5 PM.

Township Manager's Report - Schnaedter - reported that to date no action has been taken on the Gollub Park emergency access road but work should begin on Monday. Roberts (not present) has obtained a cost estimate. Nicholas asked if something could be done about the PRIVATE DRIVE / NO TRESPASSING sign on a tree there. She asked Kline if the Township can take it down. Kline said that it is misleading and that someone should first talk to the residents and tell them they need to take it down. Schnaedter has been assigned the task.

Schnaedter reported that he has received the DCNR grant application. He hopes to have a recommendation to the Board at the first meeting in April. He and Miller are working on it.

Also, Schnaedter commended the work done by the employee run "resurrected" Safety Committee. All departments are represented on the committee. The charge is to identify potential workplace hazards. He cited Pete Gheller (last year's chairman), Sean Quick (this year's chairman), Irene Hess, Loretta Fuehrer, Don Miller, Steve Nicholson, Jim Seiple, and Tim Weis. Acknowledgements (of appreciation) were presented to all. Weis and Miller received theirs at the meeting.

Schnaedter said that on February 13th he received a fax from Northampton Emergency Management Services asking that he select one of two proposed projects for funding consideration. Forks will have to provide a 25% match. He said that he only had until 4 PM that day to respond and consulted with (assistant Emergency Management Coordinator) Tim Weis. They opted for a new drainage pipe in the 100 year flood plain area of Kesslersville Road. The estimated total cost of the project is $250,000. The other project offered was to replace and install new culvert in the 2900 block of Sullivan Trail. Weis explained that these projects were identified by the Lehigh/Northampton Joint Hazard Mitigation program that he was involved in last year. Projects were identified in the event that Federal money became available. Some funds are now available - but receipt is not guaranteed.

Engineer's Report - Hay - asked the Board for permission to put the fire training facility specs out for bid. The facility will be located on Glover and Kuebler Roads. Egolf asked what the building will look like. Chuss gave him a sketch.

Resident Sandy Hanks asked why Forks needs its own facility when there is one ten miles north in Washington Township? Fire Chief Bryan Weis explained that the entrance is narrow and they can't get all the vehicles in there, in particular the ladder truck. Chief Weis added that the ten miles creates a significant response time delay should they be needed in Forks. He said too, that there has been a 337% increase in calls in the past eight years and that the new facility will also bring in outside agencies for training.

When questioned about the estimated cost ($350,000 to $400,000), Weis said that the fire company has been planning for it for several years (it is in the five-year plan) and has committed to pay for half of it. The company has received many grants and has more grant active applications in the works.

It will be a state of the art facility. The next nearest comparable one is in Bucks County. Chuss added that the facility is budgeted and because it will not be for exclusive Township use agreements will be worked out to recoup the money.

Ms. Hanks said that the PA State Planning Board report recommends shared municipal services. Howell said that it is virtually impossible to get the COG (Council of Governments) to do anything regional. He said that within the Two Rivers COG different municipalities have different kinds of fire companies or none at all. Some of the companies are union, some are paid, some are volunteers - "a hodgepodge of incorporated departments." Howell said that at the PSATS meetings, "regionalization" is a very easy thing to say but it is extremely difficult to accomplish.

Weis added to that the Washington Township facility is operated by and used by Northampton Community College.

Nicholas asked Hay to put a price hold time limit in the bid package. The Board approved the solicitation of bids in a 5:0 vote.

Solicitor's Report - Kline - agenda items only.

Comments from the floor - None.

UNFINISHED BUSINESS

Hiring of (3) New Full Time Police Officers - Chief Dorney nominated three individuals to fill the two vacancies created by resignations and the one vacancy already in the budget. The Board accepted all nominees in a 5:0 vote. The new officers are James Rovinski, Joe Kizer, and Brandon Schippers. For more details, please read the February 22, 2008 articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call). The new officers begin their jobs on March 2. Chuss expressed thanks to Chief Dorney for his extensive work to find and field the candidates.

Promotion of Police Captain - The Board approved the promotion of corporal Richard Griffo to captain. The position, last held by Lou Coxe, has been vacant since 2003 when Coxe resigned. The promotion is effective March 2nd. The vote was unanimous.

Promotion of Police Detective - In another unanimous vote by the Board, officer Joe Effting was promoted to detective. This promotion is also effective March 2nd.

Recreation Path - (This is for a recreation path plan for Riverview Estates.) Howell said that the Planning Commission (PC) has considered three options and settled on one to recommend to the Board. In the PC recommended plan the path runs along the north side of Winchester from the nature trail to Broadway where it continues west on the south side of Winchester. Howell added that the PC is considering a broader trail system and that will be presented at a later date.

Chuss said that his thought is that since the revised Comprehensive Plan is so close to being adopted that the Board should wait until it is adopted. Winchester Drive is to be a minor arterial road and he thought that the Board should designate a recreation path on both sides from Frost Hollow to Richmond, putting it on the map (in the Comprehensive Plan) so that residents know that the path may be built.

Howell noted that discussion should be limited to Riverview and asked, "What is Strausser's responsibility? Hay explained that the sidewalks (per plan) will be on the south side of Winchester from Iron Run to Ramblewood and then (west) on both sides. There is still a gap from Broadway to Iron Run.

Chuss offered that per the new zoning ordinance there will be sidewalks on both sides of newly approved developments. John Ackerman (former Supervisor) commented that sidewalks are added when land is developed and not on undeveloped land.

Dean Turner (Planning Commission Chairman) clarified that the Comprehensive Plan will undergo final PC review at the workshop next week (February 26th at 7 PM). The PC public hearing is scheduled for the PC workshop in March. The Comp Plan then goes to the Lehigh Valley Planning Commission (LVPC). Chuss said that the Board of Supervisors will review it at their first meeting in April.

Nicholas offered a motion that the Board look at the entire recreation path system and prioritize sections for action. She noted that there are gaps.

Howell clarified that it is a motion to table until after the approval of the Comp Plan after which the entire trail system will be prioritized. In discussion, Egolf asked, "Who will prioritize?" Howell answered that the Parks and Recreation Committee standing committee will do that. Egolf remarked that he would like PC participation as well. Miller said that the Recreation Board cannot be left out either and they should have a part in this. Howell said that the motion is simply to table this agenda item and reconsider it after the Comprehensive Plan has been approved.

Egolf thought the motion too complicated. Kline suggested that it be two motions.

So, the Board voted 5:0 to table any consideration of the recreation path system until the Comprehensive Plan is approved by the Board. Next the Board voted 5:0 to determine the input it will receive from the PC and Recreation Board in order to prioritize the building of the recreation path system - after the Comprehensive Plan adoption.

Turner said that in the past, PC workshops were used to prioritize projects. He suggested that all three groups, the PC (at workshops), the Parks and Recreation Committee, and the Recreation Board use their meetings to put together a priority list. Howell said that the Board will do its best to coordinate the PC, the Recreation Board, the Parks and Recreation Committee, and any other interested citizens.

Resident Gretchen Gerstel commented that the Forks Township "should have told the developers where Forks wanted the paths and not let the developers say where they wanted to put them."

Penn's Ridge/Commercial Land Development - Kline explained that the developer was before the Board at its last meeting and that everyone is familiar with the proposal. He said that the developer is agreeable to the all the conditions. (For more details on the Penn's Ridge commercial project - a 10,000 sq.ft. strip mall on Bushkill Drive near the Kesslersville Road entrance to Penn's Ridge, see the FAC Projects page, Penn's Ridge.) The land development was conditionally approved (to include the engineer's letter and the PC recommendations) in a 5:0 vote.

NEW BUSINESS

Ordinance 309 - Farmland Preservation Tax Millage Freeze - Howell introduced this item by recalling that at the last meeting, Maria Bentzoni, Farmland Preservation Program Administrator was before them and outlined Act 4's provisions and that the Board asked Kline to prepare this ordinance.

In review, Kline said that "the ordinance will establish a real estate millage rate freeze on certain eligible property" in Forks and that there are four conditions that must be met:

1. Act 4 must be approved by all three taxing bodies, Northampton County, Forks Township, and the Easton Area School District (EASD). To date only Northampton County has approved it. Kline noted that the EASD has the most to gain by preventing further development.
2. What is exempt is real property for land (or easements on land) acquired by the county.
3. The ordinance applies to eligible property whether it meets the criteria before or after adoption of the ordinance.
4. The Board must notify Northampton County with the exact rate/amount of the millage, the date frozen, and the parcel(s) included.

Kline noted that there is nothing in Act 4 that says that the freeze "runs with the land forever."

At this time only one farm in Forks has been acquired by the County, the Elsie Louis Brown farm. Egolf asked Kline how the properties are identified. Kline explained that the County is trying to acquire properties but has a limited amount of money. In an effort to get the "most bang for the buck," they may be trying to preserve more farms to the north of Forks where the land is less expensive. Kline added that there are two farms in Forks that have submitted applications. Chuss commented that he thinks this is a great thing to do to help preserve farmland in Forks.

Ackerman said that there is one farm in Forks that has an application in but although he knows who it is, he is not going to say. He said that applicants are not identified because it may cause other farms to submit applications and mess it up for the ones already on the list. "...they don't have enough money to go around."

The Township will send a letter to the EASD telling them of the new ordinance. In a 5:0 vote the Board authorized the advertising of the ordinance. It will be considered for adoption at the March 6 meeting.

Fire Department Presentation - Fire Chief Bryan Weis presented the Fire Department 2007 Year End Report. It is available for download on the fire department website. Weis said that he has been a member of the fire department for fifteen years, the last seven as an officer. Weis said that he works from home for a company that does database design and is in the Township most of the time - and can respond to calls.

Weis said that of last year's 564 calls, the majority (26%) were for vehicle accidents. On average 500 hours a month are spent on incidents and another 500 are spent on other activities (training, maintenance, fire prevention, etc.)

Calls in Forks were 82% of all calls. Stockertown calls totaled 55 (or 10%). There are mutual aid agreements in place and last year, outside agencies came in 16 times. Two thirds of the calls are daytime calls (between 6 AM and 6 PM). The fire company has 60 volunteers and is second in size (for volunteer companies in Northampton County) to Bangor.

Last year the company totaled more than 6600 hours in staff training, or 110 hours per firefighter. The average response time is 5.5 minutes. Forks' Incident Command System (ICS) is now the County standard.

In addition, Weis said that the company has an EMT (who can begin care before an ambulance arrives) and conducts fire prevention sessions at schools and daycares. In 2007 they addressed 1500 kids. The company is striving toward State accreditation by the end of 2008.

Weis said that another of the goals is to achieve and maintain an ISO (Insurance Services Organization) Class 1 rating. Right now Forks' rating is 5/9. The 5 is in areas with hydrants and the 9 is in areas without hydrants. Among other things, a Class I rating will result in reduced insurance premiums for all residents (and businesses).

In a community outreach program to businesses, the company is compiling a database (of maps, floor plans, hazardous materials inventories, etc.) so that it can do its job more effectively.

In the third quarter of 2007, the department applied for $291,000 in grants from the Department of Homeland Security. A grant for $22,000 was awarded by the State. The Forks Township Volunteer Fire Department Relief Association, which gets money from outside the State, has provided the department with equipment, training funds, life insurance premiums, insurance physicals (the cost of), etc. Fully 75% (or $135,000) of the department's operating costs have been paid for with funds from outside of the Township.

Executive Session - An executive session was to discuss a personnel issue and matters involving potential litigation. After the (one hour and twenty minutes) executive session, the Board voted 5:0 to grant an employee's request for extended bereavement leave - from the normal four days to six days. 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.