BoS Meeting Notes - 4/15/2010

Regular Meeting - Agenda

At this meeting, Supervisors learned:

• The hope is that the new fire engine will be in service by Forks Community Days.
• The public works garage preliminary plan presentation before the Planning Commission is not far off.
• The Community Center website calendar now has content!
• Waste Management wants to hold its rate through August of 2011.
• The Forks Historical Society's (very attractive) photo display is now on view at the Community Center.
• The Kesslersville Road stormwater project may be one of the few in Northampton County to get FEMA funding. 
• Kimmel Bogrette may have some input into the amphitheater design. 
• Two tot lots were approved!
• And, Weis Market is on the move!

 Public Comments (non-agenda)

• Brett Morrow - Howe Street resident said that he was before Supervisors two or three years ago with a problem in his neighborhood - an Easton Auto Body flatbed truck parked on the street by renters. The truck was leaking oil.  The truck is now smaller and is parked on gravel behind the house.  He has a new problem now.  Next door neighbors for the last three weeks have two full sized mattresses leaning up against the house.  "The property is not maintained whatsoever."  There are three basketball hoops in the roadway.  Mr. Morrow reminded the newly elected Supervisors that a lot of them walked his street when they were trying to get elected.  He said that neighborhood property owners are proud of their properties.  Yet, some have erected fences "right on" property lines and he thinks there may be zoning violations.  "I am an attorney and will be a pain if I have to be."  His real question though was what steps can he and his neighbors take to correct the eyesore next door to 830 Howe Street.  He said it is affecting the value of all of the properties.  Chuss suggested that he speak with Zoning Officer Tim Weis and Township Manager Rick Schnaedter.  Chuss said, "If need be, we'll address it."  Morrow added that one of his neighbors with a basketball hoop is an Easton policeman and he was told to move his hoop off of the street. 

Supervisors Comments

• Supervisor Chuss welcomed all the EAHS students and told them that they will have to stay until the end of the meeting to get their papers signed.  He also said of the 2010 census that the PSATS (Pennsylvania State Association of Township Supervisors) response rate is up to 70%.  He requested that any who have not filled out their census forms please do since a lot of aid and decisions regarding voting are made based on the census.

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 outstanding debt is $11,428,627.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - reported that the committee met last night at 7:15 PM and covered quite a few things.  Chief Dorney said that they discussed National Night Out activities (for August) and concern over motorized scooters and young kids.  Information will be posted on the Township website.  Fire Chief Chapman said that the new fire engine begins production on 7/8/10 and the estimated completion date is 7/15/10.  He expects it to ship the beginning of August.  Chapman said that it should ship the first week of August and he hopes to have it in service in time for Forks Community Days. 
• Public Works - Supervisor Howell - reported that the committee meeting was cancelled because there were no significant pending matters for discussion.  He reported, too, that the Planning Commission (PC) saw a presentation of the public works garage conceptual plan - by Kimmel & Bogrette.  The process is still in progress and there are no major delays.  There are still some issues to be decided regarding the vegetative roof, the type of radiant heat, and etc.   The preliminary plan presentation to the PC is not far off.  The public will be alerted.
• Parks & Recreation - Supervisor Rogers - said that the committee met on April 7th and that Dan Martyak (president of FTYSO - Forks Township Youth Sports Organization) is working with Finance Manager Jim Farley to come to some agreement about an online signup tool for sports.  Also:
  • The walk around of the five acre parcel has been delayed since Martyak has been unable to schedule it with resident Eric Konecke.
  • Martyak reported that the FTAA (Forks Township Athletic Association) special liquor license was a "once and done" for the 250th celebration.
  • Martyak said that he is open to let BoS look at at the FTAA records at any time.
  • The Recreation Board reviewed their five year plan at their last monthly meeting.  A suggestion was made that the Recreation Board consult with the PC for feedback, ideas, and input.
  • Four minor changes to the Recreation Board Ordinance were made.  It is being typed and will be forwarded to Ed Moore of the Recreation Board.  Then it will be presented next month at the Parks & Recreation Standing Committee meeting.
  • The Community Center basketball season has ended.   It was the largest season ever - 30 teams.  Nine made it to the playoffs, four moved on to the semi-finals, and a girls team won a league championship.
  • Outdoor spring sports are now in session.  The Community Center will now start to host club sports such as AAU.  Rogers said that these sports are income producers.  There will be a summer basketball league from June through July - with 148 teams.  Last summer the Community Center "made about" $17,000 from the summer league.
  • Community Center coordinator, Don Miller wants some things considered re. Braden Park - a sand volley ball court, playground equipment, and the fee for the pavilion rental.  Schnaedter, Miller, and DPW Director Roberts are working on a proposal that includes placement, dimensions and costs.  The presentation target date is the May 6th BoS meeting. 
  • The Community Center website calendar will be updated with daily CC programs.  
  • The next meeting is Wednesday, May 5th at 6 PM in the Municipal Building.
• Community Relations - Supervisor Chuss - said that the committee met on April 12th.  The newsletter is out to homes.  The next target dates are 7/1/10 (with May 15th as the article deadline) and 9/1/10.  December 1st is the target date for distribution of a Township calendar and a new map.  Chuss said that the committee will meet with New Horizons, the Township website provider, at its May 10 meeting (4:30 PM) in the Municipal Building.  (Note:  The Township website designer is New Arrival Studios.)  They will be discussing potential enhancements to the website.  Chuss also reported that Mr. Brian Lokitus is the president of Forks Community Days.  Other officers have been appointed.  Lokitus is also the president of the Business and Commerce Association of Forks (BCAF).  Sponsors and donations are being solicited for Community Days.  The committee meets the third Monday of the month at 7 PM at the Community Center.  The Community Days event is scheduled for the second weekend after Labor Day.  Jack Fatzinger of Stockertown brought some of his art work for consideration by the Township.  It was discussed and will be "considered possibly in the future."  Tim Weis (Zoning Officer) is working on a welcome packet for new residents.  Schnaedter is recommending that it be submitted to a PSATS contest for welcome packets.  Schnaedter thinks it will probably be an award winner.  The Forks Arts Society met last night at the Community Center and fifteen people attended.  All were enthusiastic.  A draft mission statement and bylaws are being worked on (in order to establish it as a formal organization of Forks), and one member is creating a Facebook page.   Forks painter Charles Hanson showed some of his artwork.  Chuss said it was  impressive.  The next meeting is Wednesday, May 19th at 7:30.  Merrit Shuler (sic) will do a bonsai demo. 
• Finance & Administration - Supervisor Billings - said that the committee met yesterday at 6 PM.  Finance Manager Farley said they reviewed the 2008 Recreation Board audit.  It was received earlier this year from the auditors and it was deemed satisfactory with a few minor recommendations.  He is working with the Recreation Board to tighten controls.  Waste Management contacted the Township and said that it would like to hold last year's prices through August of 2011.  A final proposal will be sent to the Township sometime in May.  Billings said that the PEMA loan for the fire truck will be an agenda item next month.

Township Manager's Report - Schnaedter said that Supervisors have a copy of the $46,000 park planning grant application in their packets.  It is for the recreation land at Newlins and Richmond Roads and is a fifty percent match.  The needed resolution to go forward with the grant process was passed with a 5:0 vote.  Schnaedter also reported that the Forks Historical Society photo display is now on view at the Community Center.  He said that it is very attractive.  Lastly, Schnaedter said that the PSATS annual conference starts this Sunday.  Chuss and Billings may attend. 

Engineer's Report - Muller reported that the sanitary sewer draft specifications have been completed.  They have been delivered to DPW Director Roberts for review.  The Indian Trail grading and milling is now in design.  It has been reviewed and he and Roberts walked the site yesterday.  They will be trying not to touch curbing and inlets in order to save money.  The Sullivan Trail sanitary sewer is already in design.  He and Roberts have also walked it.  Some additional feet may need to be added to the project.  And, Muller reported that he spoke with FEMA and NORCO regarding the Kesslersville Road project.  It was applied for in 2008 and may be one of the few NORCO projects to get FEMA money.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

Resolution # 100415-1 Approval of Timothy Belon Inter-municipal Liquor License Transfer (Karl Kline, Solicitor) - Kline explained that there was an April 1st hearing with Mr. Timothy Belon for an inter-municipal liquor license transfer.  It used to be that in order to get a liquor license in a municipality, it had to be purchased from another establishment in that municipality.  The rules were changed a few years ago to allow buying one from another municipality on the condition that a public hearing be held. 

This license transfer was approved by the Board and the formal resolution is needed by Mr. Belon to send to the PA Liquor Control Board.  The license is from Danielsville and is being sold to Delaware Drive LLC, the sole owner and manager.  Because the ownership was not mentioned at the hearing, Mr. Belon needs to prepare a supplemental application for submission to the Township and needs to be present at tonight's meeting to answer any questions from the Board.  Kline said that he took the liberty of revising the resolution to the LLC.

Belon said that he was not aware of the regulations at the time of the application. 

Chuss asked if the only change is the name.  The answer was "yes."

Billings asked Kline if the liquor license will be owned by the LLC.  He answered that it would be and added that one never wants to own a liquor license individually because if there is a liability because of someone misusing the alcohol, the liability would be against the individual owner - who would stand to lose all of his/her personal assets.

Howell made the motion to approve.  Egolf seconded.  The vote was 5:0.

Municipal Amphitheater (Rick Schnaedter, Township Manager) - Schnaedter noted that the bids for the amphitheater were opened a few weeks ago and the low bid was Bracy Contracting at $360,000.  The item was tabled and he was asked to explore other alternatives.  He, Mark Roberts, and Tim Weis met with Recreation Resources, Inc. of Kennett Square, PA, the designers of this Kannopolis, NC bandshell installation.   They got prices for a downsized structure, a concrete pad, and the construction of the building.  They found that there are too many variables based on the information at hand.  The Township would also need an architect and engineer since this is beyond the scope of its personnel. 

Chuss asked if other companies do amphitheaters.  Schnaedter said that he was not aware of them. 

Billings asked the expiration date on the current bid.  Schnaedter said that the bid is good through 6/8/10.   Chuss said that he is supportive of the amphitheater but is sounding like a "broken record" because the costs are pushing up to $500,000 and he has trouble grasping anything over $300,000.

Chuss asked if the Board wants to do anything with the Bracy bid or if it has an alternative?

Howell said that Kimmel Bogrette is building a (probably) award winning public works building for Forks.  He suggested that Schnaedter sit with Kimmel Bogrette and show what we have and ask for alternatives in materials - and other ways to reduce construction costs based on our plans.  Howell added that Martin Kimmel, because of his current engagement with the Township, will likely be quite reasonably priced. 

Chuss said he thought it a viable alternative.  He also wondered whether or not the Planning Commission (PC) can help or if Township Engineer Scott Muller can help or if Schnaedter or Muller can inquire of PSATS (Pennsylvania State Association of Township Supervisors) since others may be building amphitheaters.   

Former Supervisor Bonnie Nicholas said that if the Modern Concrete panels are removed and replaced with brick, it will save money.  She thought a laid off brick layer could do the same thing. 

Schnaedter said that he will see Tim Edinger (formerly of CMX) this weekend and "will run it by him."

Mark Mulrine of Wagon Wheel Drive said that he is an advocate of band shells.  He asked if we had already spent $500,000 looking into this.  Chuss answered that we have spent $49,000.  Mr. Mulrine asked where the funds will come from and Schnaedter replied that developers have paid fees into a fund for recreation and leisure activities.  Mr. Mulrine wondered if the funds must be spent by a certain time?  Howell remarked that that is a very interesting question.  Mulrine asked, "What's the rush to spend an awful lot of money here?"  Chuss said that a year (and $50,000) has already been spent on it and that developers might ask for their money back if it isn't spent on recreation.  

Mr. Mulrine suggested using the City of Easton's amphitheater.  It is only used by the city three months of the year.  A lot of money could be more appropriately spent on year round things.  The City of Easton would probably be more than happy to rent it to Forks. 

Using the Eddyside pool as an example, Howell noted that it is a wonderful pool and if Forks builds one, it will be the death knell of Eddyside.  He said that he sits on a number of boards in Easton and "a large nut to crack is to get people from Forks and Palmer to come to Easton."  They don't.  The Easton amphitheater is wonderful asset that they choose to ignore.  Forks' amphitheater will be paid for in large part by local businesses. 

Mr. Mulrine asked who pays for the bands and the cleaning?  Chuss said that we have staff available for that and in addition the fledgling Forks Arts Society (now renamed the Forks Area Arts Society) will be finding acts for the amphitheater. 

Chuss said that the Nazareth bandshell feedback is positive.  This will bring more activities for the "age challenged" Forks residents.

Howell said that when it is built, "we must bring people to it."  He spoke with a Musicfest promoter who would like to have "a pay per view event" in the new amphitheater.

Egolf made a motion to give the Township Manager permission to continue researching the construction of an amphitheater to to get a report to the Board within a month.  Howell seconded.  The vote was 5:0.  Billings made a motion to table this action item.  It passed 5:0.

For more details, read Madeleine Mathias (Express-Times).

NEW BUSINESS

Weis Market – Approval and execution of developer’s agreement (Karl Kline, Solicitor) - Kline explained that on April 19, 2007 Weis Market got its final conditional plan approval.  There were a number of challenges by property owners - all of which were dismissed -  then there was a recession and a decline in the real estate market. 

Weis is now ready to move forward.  The land development improvement agreement is signed.  The Township has a certificate of liability insurance and the Letter or Credit has been received.  They are ready to proceed.  The last obstacle is the needed PennDOT highway occupancy permit (HOP) for the improvements to the intersection of Uhler and Sullivan.   According to Mr. O'Hara from Weis, they are prepared to move forward and expect to have the HOP in place in the next 30 days.  They are pursuing a parallel path by doing their drawings and engineering and getting their permits in line and hope to open for business in early February or March of 2011.

Chuss asked when the ground breaking will take place.  O'Hara said that they are prepared to start the site work when the final approval is in process - so it can start in the next month or so. 

Howell asked if there will be any issue regarding which road to use when doing the sitework, Ian or Braden?  They are required under the agreement to use Ian.  Kline noted that that is why Ian was not paved with a top coat and Braden was. 

Chuss remarked that it's great.

Howell observed that the Giant has awoken and prepared for competition.  Weis has a wonderful location and will attract lots of shoppers from the north, east, and west.  It will have gasoline.  He suggested an upscale wine and spirits store like the one on Route 248 for the 8,000 - 10,000 square feet of store to be built later. 

Howell moved to approve.  Egolf seconded and the vote was 5:0.

Read Madeleine Mathias (Express-Times) for more details.

Resolution # 100415-2 Dedication of Street - Creek Court – Estates at Bushkill Creek (Karl Kline, Solicitor) - Kline said that this subdivision off of Bushkill Drive has one street completed.  It was approved by the former Township Engineer.  Kline said that it is appropriate for the Board to officially accept it and to make it part of the Township street system.  The resolution was approved 5:0.

Approval for the Braden Airport and Vista Estates Park Equipment (David Billings, Supervisor) - Billings sought approval for play equipment at both Braden Park and Vista Estates.  He said that it is a continuation of the plan started by Howell and Egolf in 2008 and that it was reviewed by the Recreation Board.  Vista Estates petitioned the Board in 2008 and sent a letter of support from the residents and the neighborhood association. 

Chuss said that a recommendation by a subcommittee does not imply approval and that this is putting the cart before the horse.  He called it "premature at this time" since there is no way to know what is and isn't planned and the fate of the parkland at Richmond and Newlins is still unknown.  Also, the bikepath work is in progress.  He added that he is confused by the agenda topic and that it should be before the Parks & Recreation Standing Committee for recommendations. 

Billings said that this has gone through the process and that the Vista Estates tot lot will cost $14,000 out of the $1.3 million recreation fund - and it is highly appropriate to approve.

Howell said that Vista Estates park was part of the initial plan.  There were three parks planned, Vista, Penn's Ridge, and Ramblewood.  Ramblewood was abandoned and the money was donated to the Forks Elementary School park project.  The Recreation Board five year plan includes Vista Estates - it is to serve a dense community and take pressure off of the main Community Park.  When Braden Park was initially introduced, Don Miller was not in favor of it.  Now he wants it to supplement the facilities at Braden, a destination park.  In fact, he reports that the park is not "saleable" for large events because it has no play equipment and no volley ball court. 

Rogers asked if the Braden request was separate from the Miller/Roberts/Schnaedter effort or if it is to coincide with it. 

Chuss said that sand is not cheap and that volley ball courts require special sand.  He wants to know the costs before approval.  He said that he has been screaming for a five year plan from the Recreation Board.  The one they have is a draft.  He offered that it "bothers him badly" that the Vista Estates people will be screaming about the proximity of the Newlins Park.  He has no objection to Braden because it is an established park. 

Howell said that Vista also has a park, the baseball field, and no residents have complained about it.  What is intended to be installed is a 2-12 year old play area with a swing set - in a remote area.  The Township already knows the costs of every piece of apparatus that is to go there.  Howell has a seen a draft of the five year plan and it deals with macro issues like a field house and a bridge over Sullivan Trail.  Little kids get stuck in the bureaucracy of Boards of Supervisors.  He finished by saying that he does not want to push this recreation project into a "bureaucratic dust bin."

Cornelius Brons, president of the Vista Estates Homeowners Association, said that he promised the mothers in the neighborhood that he would look into asking about the park.  They want it.  There are many young families in Vista and the Remaly tract is not decided.  They want something for young children.  He noted that the "vibrations" are down on the DPW garage plans and that there is land on Crown Drive.  There is an adjoining Segal & Morel tract whose families may come up and use the Vista tot lot.  It will benefit three neighborhoods, Lafayette Estates, Segal & Morel and Vista Estates.  There are traffic issues with the ballpark - cars flying down Richmond Road and flying down Winchester - there are no stop signs.  Nothing stops traffic issues.  What Mr. Brons would like is a tot-lot in a secure area of the neighborhood where little kids don't have to cross the street.  Currently mothers are driving their kids to the school playground.

Chuss said that he wants everything to be in the Community Park because it is easier to police.  He said too, that he has had complaints about the Penn's Ridge park... "Why are they getting one.  I want one too.  I'm as far as they are." 

Billings made a motion to approve the Vista Estates play structure (for toddlers ages 5-12) and swing set (for toddlers ages 5-12) and, if possible, some benches and picnic tables - all capped at $15,000.  Egolf seconded.

Egolf noted in discussion that the problem is that the people who will use the equipment are not present.  If it were for sports, the auditorium would be full of coaches and commissioners.  There are no 5-10 year olds here.  He has been an advocate for kids and has been working on this for years.  In fact, he said he thought it a "no brainer - who would not want to spend some money out of a pot of nearly $2 million - for kids?"  From what he gathers sitting on the Board, there are very few people in Forks who think kids deserve swing sets.  If the location is wrong, move it.  It is not the astrodome - just a simple swing set for a bunch of kids who live in the community - no taxpayer money is being used.  He added that if there were a room full of kids here with their moms and dads, there would be a resounding "YES." 

Rogers said that her issue is not with children.  She just wanted to know if the two (Braden) issues are separate efforts of if they are going to be joined.  Howell noted that the motion is on Vista Estates.

Chuss remarked, "Ready, spend, plan is not fiscally responsible." 

The vote was 3:2 with Chuss and Rogers casting the nays.

Billings made a second motion to purchase a Braden play structure (for toddlers ages 5-12), a swing set (for toddlers ages 5-12), a seesaw, benches, charcoal grills, and a volley ball court with a cap at $25,000.   If more money is needed because of the volleyball court, the Board can be approached again.  Howell seconded.

Rogers asked if the efforts will be coordinated?  Billings replied that the current efforts would be leveraged. 

Chuss asks if $25,000 is enough.  Schnaedter said that there are some location concerns.  DPW Director Roberts offered that at Penn's Ridge there is a 45 x 90 foot safety zone.  Miller's plan will need some shifting. 

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

For more, please read Madeleine Mathias (Express-Times).

Executive Session - There was an Executive Session to discuss potential litigation, potential acquisition of real estate, and litigation.  No action was taken during or after the executive session and the meeting was adjourned. 

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BoS Meeting Notes - 3/4/2010

Regular Meeting - Agenda

Supervisors read a proclamation in honor of the the Boy Scouts of America 100th anniversary.  Copies were presented to BSA Troop 29 and to Cub Pack 21.  Cub Pack 29 will receive their copy at the next BoS meeting. 

The Board learned:

• How much time was contributed in 2009 by sports parents and coaches and how that translates to value to the Township. 
• That another Forks business is seeking an inter-municipal liquor license transfer.  This one is the Auto Grill on North Delaware Dr. - it was formerly the Riverside Deli. 
• That the Parks & Recreation Standing Committee may have gone "maverick" when it told the Recreation Board to approach Solicitor Kline directly with a soon-to-be rewritten Recreation Board Ordinance.  This is an update to the one done in 1960.

Supervisor Egolf was absent as was the recording secretary.

Minutes of the February 04, 2010 Regular Board Meeting (Tabled from last meeting) were approved with a 4:0 vote.  In discussion Howell asked to be refreshed on why the minutes were tabled.  Chuss said that it was primarily a cut and paste issue.  However, when Chuss attempted once again to insert words indicating that Ms. Hanks had said that she received all materials she requested (see BoS Meeting Notes - 02/4/2010), Ms. Hanks disagreed.  She said that she did not receive all the materials and never agreed that she had.  She added that she subsequently requested additional materials which she received in a timely manner.  Chuss then amended his statement to read that "Mr. Chuss asked Ms. Hanks if she had received all the material she requested.  And, then Mr. Chuss said if she identifies any additional information she should submit a request for it from the Township." 

Minutes of the February 18, 2010 Regular Board Meeting were approved with a 4:0 vote.

Public Comments (non-agenda)

• Dan Martyak - President of the Forks Township Youth Sports Organization (FTYSO) presented the Board with a report of the 2009 volunteer hours contributed by sports parents, coaches and organization officers to the Township.  He translated it into monetary value by assuming that each hour of volunteer time is worth $20.  The 43,721 hours is valued per his report at $874,420.  Martyak said that the report will be on the FTYSO website shortly.

In his verbal report, Martyak said that if the kids were not involved in sports, they would be involved in crime and that it costs $100,000 per child per year in the criminal system.  Last year the kids in Forks were involved in sports for over 193,000 hours. 

Martyak said the organization is aware of a gap in funding for the current year and it is working closely with Finance Manager Farley and John O'Neil to mitigate the shortfall.  Last year FTYSO contributed $66,000 to the Township in the form of fees collected and funds raised. 

Martyak also read a letter he received from a resident who ran a city youth sports program for 10 years.  It had paid workers and was always understaffed and under budgeted.  A youth sports organization was created and used to raise money and to get volunteers.  He said that because people had no direct control over the program, they were poorly committed.  The letter concluded with accolades for the talent and commitment of the people running the Forks programs. 

 Supervisors Comments 

• Supervisor Chuss asked Ms. Hanks if she received all the documents she requested.  He stated that she indicated she has and he advised her that if there is any additional information she needs, a written request submission should be made.

Treasurer's Report - Rogers detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 3:1 vote.  Howell cast the nay.  When asked by Chuss the reason for his nay, Howell said that he does not approve of the Liquid Fuels transfer of $83,000 (see agenda item below for more details.)  The Township's current outstanding debt is $7,724,347.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - absent - Chief Dorney said that the committee has not met since the last BoS meeting and will meet next Wednesday at 7:15 PM.
• Public Works - Supervisor Howell - said that there have been no meetings since early in February and the next one will be Monday at 8 AM in the Municipal Building.
• Parks & Recreation - Supervisor Rogers - said that the committee met last night at 6 PM.  She reported:
  • Dan Martyak (FTYSO) said that there is a back-up plan to reduce the budget gap and that all commissioners have been asked to cut their budgets.  Supervisor Billings has volunteered to help understand and resolve the gap.
  • Rogers repeated Martyak's report statistics (see above).
  • The 1960 Recreation Board Ordinance has been found and the Recreation Board will review it, make changes, and then send it to Solicitor Kline for review.  Rogers said that this is her recommendation to the Board and that she believes this will "put the matter to rest."
  • The newest Recreation Board member, Beverly Dalrymple was introduced.
  • The Recreation Board meeting minutes will be provided to the committee at a later date.
  • Don Miller said in a report that wrestling ended last week, basketball is winding down and spring sports are beginning.
  • The Rec Board will revisit its five year plan, prioritize it, and provide more details - including cost estimates.  They will present it to the committee next month.   
  • The next meeting is the first Wednesday of April at 6 PM in the Municipal Building. 

Howell took issue with the Recreation Board going directly to Solicitor Kline.  He said that the committee was charged to bring the ordinance to the BoS and after review, the BoS will, if necessary, send the ordinance to the Solicitor.  Howell said that he thought no committee should be able to "oblige or engage" the Township's counsel.  Chuss offered that the Planning Commission (PC) does it all the time.  Howell said that Kline is the Solicitor to the PC - he is their counsel.  He finds it "quite a usurption that an advisory committee can engage counsel and fees without the approval of the Board." 

Rogers insisted that the committee "decided" that that was how it would be.  She added that he (Howell) had "already left and wasn't there to hear it."  Howell offered that there were many times when he would have liked to do just that - consult with Kline - over committee issues, and as long the chairman and she (Rogers) feel it is appropriate to do, he will take advantage of it.  Howell added that the Township Manager and the Finance Committee had wanted to limit Solicitor (and other professionals) contact in order to save money.  This is a procedural matter because now Chuss and Rogers are saying that a committee can engage the Township's counsel. 

• Community Relations - Supervisor Chuss - said that the committee has not met since the last BoS meeting and the next meeting is March 8th.  He reported that 17 people (including himself) have signed up for his Art Society.  He thought this a "fantastic" response.  Only three of those who signed up cannot make the first meeting on March 16th at the Community Center.  Chuss is providing the refreshments. 
• Finance & Administration - Supervisor Billings - said that the next meeting will be on Wednesday, March 10th at 6 PM in the Municipal Building.

Township Manager's Report - Schnaedter said that the CMX construction maintenance agreement has not been received yet.  The reason, he was told, was that the snow storms kept the clerical people from the office.  He requested that the agenda item be tabled.  Howell said that he finds it an annoyance that everything is always delayed when it comes to CMX.  Schnaedter offered that this is to negotiate a hourly rate as a backup just in case anything arises after CMX's initial work is completed.  He also said that 20 people attended the pre-bid meeting. 

Also, Schnaedter reported that he hopes to have a proof from Home Town Press of the upcoming Quarterly next Monday.  They have reported that the economy is making it difficult to secure advertisers. 

Engineer's Report - Muller was not needed and his absence was excused - per Chuss.

Solicitor's Report - Kline - reported that "motions to dismiss" have been filed on behalf of all defendants in the Federal Court action (against Forks Township) by Gary Strausser and Strausser Enterprises.  The motions were filed on February 19th and it will be several months for a court decision. 

The motions to dismiss indicate that there was no testimony and no discovery, so, even if everything alleged by Strausser is true, "he still loses."  The technical legal issues will then have to be addressed by the Federal Court. 

Kline also reported that he has been meeting with Township Engineer Muller to get Muller up to speed on a number of different issues/developments that are upcoming. 

Chief Dorney received a letter from PA Attorney General Tom Corbett announcing that the Police Department's grant application was approved - to purchase two portable breath testers. 

UNFINISHED BUSINESS

None

NEW BUSINESS

Proclamations: Boy Scout Troop 29 – Cub Scout Pack Troop 29 – Cub Scout Pack Troop 21 (David Billings, Supervisor) - Billings said that signed copies of the Township proclamation celebrating the Boy Scouts of America 100th anniversary will be delivered to BSA Troop 29 and Cub Pack 21 tomorrow.  Both were represented tonight.  Cub Pack 29 will get their copy at the next meeting.  The proclamation will be signed tonight.  He said that he was privileged to attend the blue and gold banquet a week ago.  Billings read the proclamation which was written to recognize the contribution that local scout groups have made.  The proclamation was approved by a 4:0 vote of the Board of Supervisors. 

Liquid Fuels Fund Transfer (Jim Farley, Finance Manager) - Farley explained that Liquid Fuels Tax money is received from the State and comes from taxes collected on fuel purchases.  It is awarded based on the number of miles of roadway in a municipality.  It is to be used for street lighting, plowing, road maintenance, road resurfacing, road construction, etc. 

Farley said that in 2007 the Township took on a project for road resurfacing.  Two years later, after an audit, the Township learned that the proper permits had not been obtained in time by the engineer.  As a result, the funds had to come from the Township's capital accrual account instead of the Liquid Fuels fund.  The Township appealed and lost.  Controls on road projects have now been tightened.

Billings asked if the prior engineering firm has any culpability in this?  Farley said that during the audit, records were requested of the engineer but they were never produced - as they were never created.  Farley added that the roadwork was done in the Township so "it's not like we lost money somewhere."  

Howell said that it particularly galls him that when the engineer was asked if the paperwork was completed, he said that it was.  He suggested an angry letter from the Township to the engineering firm. 

Kline explained that there are two pots of money, the general fund and the Liquid Fuels fund - all of it is Township money.  In this case, the Township used the Liquid Fuels fund but the State said "no, you didn't ask us first" and because the Township didn't ask "may I?" to PennDOT the money must come from the general fund instead.  Kline said, "The Township still has the same amount of money."   At the moment, Keystone is working with Kline for free to get a number of projects wrapped up so that the new engineer needn't do them.  Kline suggests not "burning bridges."

Construction and Maintenance Agreement – CMX (Rick Schnaedter, Township Manager) - Schnaedter requested that this be tabled.  Billings made the motion.  Rogers seconded and the vote to table was 4:0.

Inter-municipal Liquor License Transfer for Timothy Belon - 1670 No. Delaware Drive (Auto Grille) Schedule Public Hearing (Karl Kline, Township Solicitor) - Kline explained that the license is coming from 3531 Mountain View Drive in Danielsville.  The State mandates a public hearing by the receiving municipality whenever there is an inter-municipal transfer of a liquor license.  Ultimately what goes on is really up to the PA Liquor Control Board but the hearing does provide the municipality with an opportunity to find out what's going on.  The license is for an eating/retail place at 1670 North Delaware Dr.

Howell said the the application has many errors.  Examples include listing Chubby's as the nearest holder of a liquor license when in fact there is one at the Colossi property (the former Gypsy Rose) and one at Riverview.  The nearest school is listed as Forks Elementary but is in fact March Elementary on College Hill.  And, the nearest park is given as the Forks Community Park when it is Nevin Park and Eddyside Park in Easton.  Howell asked that Schnaedter or Kline review the application and correct it.  The application is also missing a list of all the active licenses in the Township. 

Kline said that he will notify the applicant of the hearing date and that there are many observed shortcomings in the application. 

Kline explained that prior to changes in the law, supply and demand dictated the prices of liquor licenses.  There were many in Easton and they were cheaper than those in Forks where there were fewer.  When the law was changed to allow inter-municipal transfers, it effectively evened out the supply/demand price issues. 

A motion was made by Billings to schedule the public hearing for Thursday, April 1 at 7 PM and that the applicant be asked to review and correct his application.  Rogers seconded and it passed 4:0.

Executive Session - There was an Executive Session to discuss litigation and a real estate matter.  No action was taken during or after the 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 - 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. 

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Hearing on Recreation Land Design - 4/16/2009

Public Hearing to gather information on design of Recreation area at Newlins & Richmond Roads - 6:30 PM

Township Manager Rick Schnaedter explained that the Township is applying for a parks planning grant from the PA Department of Conservation and Natural Resources (DCNR) for the 53 acre Township owned parcel at the intersection of Newlins and Richmond Roads.  A hearing to solicit public input (what the community wants for recreation) is a part of the application. 

In 2003 the Township had a feasibility study done for both recreation and a public works garage.   Schnaedter showed a map of the area.  It shows power lines running through the parcel.  He noted that there are restrictions for what can and cannot be done near power lines.  Schnaedter pointed to the area towards the east side of the parcel that the 2003 feasibility study suggested for the public works garage. 

Schnaedter said, too, that the Township conducted two recreation surveys (the most recent was in 2006).  The grant will allow a consultant to visit the site, discuss recreation uses with the "various organizations, the public, the Board of Supervisors, the Rec Board and develop a plan" for the site that will be similar to the central park "that we are so proud of."  He then asked for audience suggestions.

Public Comments:

Chris Henry - Forks Township Athletic Association (FTAA) Baseball Commissioner - said that there is a definite need for baseball fields.  He said that they broke a record for sign-ups this year and that at this point they are using retention basins.  He said that at the lower age levels where they had five to six teams last year, they have eight this year and anticipate 10 teams next year.  He said too, that there is a need for more lacrosse fields.  If the Forks Elementary School expands, they will lose the use of two fields.  Henry said that they need four more fields with 60 ft. diamonds.

Ty Corallo - FTAA Softball Commissioner - said that there are a record number of teams on the fields this year and that, at the lower age levels (5-6 year olds and 7-8 year olds) they are trying to get 10 teams onto one field.  T-Ball is using Braden Park but there are no defined diamonds there, and no backstops, etc.  At yet another level there are 12 teams trying to get on three more fields.  He asked for two additional fields or that the fields at Braden be developed.  He said that there is increasing interest at the lower age levels and that the fields are so used that the teams cannot get practice time.  He added that the Community Park facilities are fantastic and that tournaments spread goodwill around the area - not to mention, bring in dollars to the Township.  Tonight the Community Park is packed.

Chris Henry said that there are 25-27 teams using five baseball fields.  The Winchester field and the 90 ft. diamond at Lafayette/Meco are being used.

Jeff Braido - said that he grew up in Forks Township and has seen the Township grow since he moved back four years ago.  He said that there is definitely a need for recreational space.  His own kids are getting involved in sports and more fields are needed.  Braido said that he lives on Crown Drive in Vista Estates.  His backyard up against the (Newlins/Richmond) Township land and he is "a little worried" about the location of the public works building - as drawn - near existing houses.  He suggested it be moved nearer to Newlins or nearer to Richmond.  He is concerned about the noise and traffic in and out of the building, especially early in the morning.  Braido said that he is in favor of as many athletic fields as possible to give kids as much opportunity as possible in their younger years. 

Chairman Howell asked how the fields might be multipurpose - what sports can share the same acreage?  He said that there is pressure on recreation land and at (what developers are paying) $80,000 an acre it is "out of site" for the Township to buy more property.  Corallo said that at the Community Park there are practice fields that straddle each other but the fields get over-used and because of the heavy use, the grass  cannot "get back up."  Corallo said too, that the FTAA is united in stating that the Township needs more types of fields.

Jim Wideman (D write-in candidate for Supervisor and former Planning Commission member) - said that he lives "next door" to the Township land and that he would prefer a more leisurely park with a pavilion, trees, and a walking path - something more recreational.  Wideman said that the Community Center/Park is almost all organized sports and that there is "a large senior community that would love to have a park - to take their families to..."  As to the public works garage, he suggested that there are alternative sites in the industrial areas more suited to trucks.

Howell asked (FTAA) about the recreation land as open dusk to dawn or is it envisioned with night lights?  The FTAA just wants a place for kids.  Supervisor Nicholas remarked that it's very expensive to operate the lights.  Supervisor Miller said that right now there are only two fields under lights.

Nicholas asked if the public works garage siting is allowed under the recreational grant application.  Schnaedter said that the area for the garage would not be included in the planning.  Nicholas added that she, too, thought there are other locations for the garage.

Howell said that the current DPW site is now too small and is poorly laid out.  Schnaedter offered that one of its disadvantages is its proximity to the Delaware River.  Zoning Officer Tim Weis said that the elevation change on the property is 50 or so feet and that public works vehicles are stored off-site.  DPW Director Mark Roberts said that they are stored in five different locations.

Supervisor Chuss said that the 2003 study recommended a detention basin on the (recreation) site.

Roberts said that seven to eight acres are needed for a new garage. 

Weis said that the grant application is to look at what is feasible for the site.  Miller offered that the best land is along Newlins Road and that because of the slope, the other parts would have to be terraced.  He said, too, that URDC designed the Community Park and it is one of the best community parks in the Lehigh Valley.

Howell asked if the grant would consider all of the Township's recreation land/needs.  Schnaedter answered that the grant is just for the development of this specific site.  He added, however, that the input about what is needed, for example at the Braden Park and at the five acres behind the Community Center, will help in planning, to "take some of the athletic burden off of this site."

Chuss said that he would like an overall recreation plan in place so that it could be incorporated by the consultant into what can be done at the Newlins/Richmond site.  And, he said that it would be nice to have the Comprehensive Plan (and the recreation plan) in place before the study is begun.

Schnaedter said that Towamensing got at $50,000 grant to develop a 43 acre park.  There is a 50% match.  The application deadline is April 22nd and it will be eight months until an answer is received.  After that, the process will take some time.  Howell said that there will be ample time for more public comment.

Nicholas said that a pool was number one on both Township recreation surveys and she thinks land should be set aside for one - even if the land is used as fields in the near term.  She also wants volley ball courts.

Supervisor Egolf said that at the Monday night Parks & Recreation Committee meeting, football, soccer, and lacrosse were represented.  He said that every outdoor sport is vying for the fields.

Howell asked that an inventory of all the detention ponds be taken to see which are suitable for other activities - "anything from a dog park to lacrosse."

Schnaedter thanked everyone for coming and the hearing was adjourned.