BoS Meeting Notes - 1/21/2010

Recreation Board Interviews & Appointments - 6:00 PM

After the BoS Recreation Board candidate interviews concluded, an Executive Session was held.  Supervisors emerged and voted 5:0 to reappoint John O'Neil.  They then voted 3:2 (nays by Chuss and Rogers) to appoint Beverly Dalrymple, a new face.  Ms. Dalrymple brings support for neighborhood parks as well as for varied programs for adults and for non-sports-minded children to the Recreation Board mix.  Recreation Board appointments are  for five year terms.

Regular Meeting - Agenda

On this night, Supervisors learned that KMRD has filed an allowance for appeal to the PA Supreme Court in their oft-denied Procedural Challenge, that One Truth Church wants to rent monthly space in the Community Center for worship services, and that the amphitheater project has been sent to the new Township engineer for review. 

Also, the Board finished filling all appointed board and commission vacancies.  The 3-1/2 years in-the-making-Comprehensive-Plan-update was moved one step closer to adoption with the scheduling of a public hearing for February 18th.  And, refinancing of the bond will save money and pay for the new public works garage.  The contract for engineering/architectural services was approved.

Public Comments (non-agenda) - none

Supervisors Comments 

• Supervisor Egolf said that on Tuesday night he was elected to the Board of Directors of the Bushkill Stream Conservancy.
• Supervisor Chuss announced that he was invited (at the last minute on Thursday night) to attend a (Business Network International) BNI International meeting.  This group of regional owners and business managers meets weekly at Riverview and mostly shares information and leads, gives testimonials to each other, and has a networking focus.  Chuss was asked if Forks Township would like to send a representative.  Dues and other membership requirements apply.  When Chuss receives the information he will see that Supervisors get it for review.
• Supervisor Billings said that Senator Mensch's staff will hold office hours twice a month in the Forks Community Center beginning February 2nd from 9:30 to 11:00 AM. 

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 met on January 13th at 7:15 PM and that it was a good meeting.  A lot was done.  Chief Dorney and and Zoning Officer Weis will take a look at the Old Sullivan Trail traffic problem created when parents pick-up and drop-off their children at the Y daycare. They will report back to the committee.  Also, Monday, August 2nd from 6-8 PM is National Night Out and Chief Dorney suggested that it might be a nice time to kick off the formal opening of the bandshell - a community event.  Bryan Weis sat in for Rich Bassett.
• Public Works - Supervisor Howell - reported that the committee has one agenda item tonight and will next meet on the second Tuesday in February at 7:30 AM. 
• Parks & Recreation - Supervisor Rogers - said that the committee met on January 6th and talk was in generalities but with the change in Recreation Board membership "we'll have different perspectives and  will pinpoint a clearer direction for this year."  
• Community Relations - Supervisor Chuss - said that the committee met on January 11th and discussed Forks Community Days and an issue regarding the dates.  If they are the dates normally selected the event will be September 18-19.  It was suggested that the Community Days Committee decide which days it prefers.  However, at this point no one has stepped up to volunteer to coordinate the weekend.  The Forks Business Association may become the coordinator.  Schnaedter said that the association will make a formal presentation at the February 4th BoS meeting.

Chuss said that the draft Forks Quarterly went to the publishers on the 11th and that proofs should be back for review in a few weeks.  He added that Schnaedter has suggested skipping an issue of the Quarterly (last year there were only three issues) and replacing it instead with an updated Township map and a calendar.

The committee is also discussing the Township website and content updates, real time updates, and Webcasting (of BoS meetings).  Chuss said that technology has changed since the last time Webcasting was explored.  It may be feasible now.  The website content manager will be consulted.

Chuss said of the possible creation of an arts council that "instead of picking a date and wondering if people will show up," information flyers and signup sheets will be placed in the Community Center and in the Municipal Building.  An announcement will also go on the website and the newspapers will be contacted to see if they are interested in running a story on it.  He said that it will not be limited to painting and sculpting but will include culinary arts, gardening, landscaping, music, and coordinating the amphitheater schedule.  "It will be up to the group."

• Finance & Administration - Supervisor Billings - said that the committee met on January 13th and financial reports were discussed.  Finance Manager Farley updated the Board on the preliminary year end figures.  He reported that 2009 revenues are on target with projections, in fact they are over by $12,000 and expenses are $434,000 lower than were budgeted.  There will be additional audit entries (like depreciation) that will take away about 1/2 of the surplus.  Coming into 2010 "the surplus is where we want it" at more than $500,000.  Farley congratulated all the staff for their efforts to "aggressively" find the best bargains when purchasing and for "looking for opportunities to stretch a dollar." 

Billings said that (bond) refinancing is on tonight's agenda as is the agenda setting policy and a goal setting session.

Billings reported that currently there is no Community Center rental policy.  The committee will update the current rental application and has asked PSATS (Pennsylvania State Association of Township Supervisors) for a sample rental policy.  It arrived late today and will be distributed to the Board for review.  At this time, One Truth Church wants to rent space monthly in the Community Center for Sunday services but without a rental policy in place, no action can be taken on its rental request.

Billings also reported that the amphitheater drawings have been sent to Township Engineer Muller.

TRCOG (Two Rivers Council of Governments) has asked if Forks Township wants to participate in a  cable franchise agreement survey.  They are exploring a regional aspect and need Forks' response by February 15th.  This will be an agenda item for the next meeting.

Township Manager's Report - Schnaedter said that he had nothing to report since all of his items had been covered.

Engineer's Report - Muller filled the Board in on what he had been doing since the beginning of the year.  He said that he reviewed several lot grading plans as well as some final grades for building projects.  Braden Airpark is under review and has been before the Planning Commission (PC).  The Dietzler minor subdivision plan presented to the PC has been withdrawn. 

Regarding the Meco/Sullivan traffic light, there is a meeting scheduled for Thursday with the engineer for the project, Verizon, PennDOT, and Schnaedter - "to push it forward and get it done."  Muller said that having everyone in a room together will eliminate the "he said/she said."  Muller hopes to report in a month or two that it is ready to go.

As to the new public works garage, he said that there is not a lot to review (from an engineering standpoint) yet.  He  noted that it looks like the garage is being sited to allow for more use of the land in the future.   

Solicitor's Report - Kline - reported that KMRD has indeed filed "a petition for allowance of appeal" to the PA Supreme Court - of the Commonwealth Court's ruling against their Procedural Challenge to Forks Zoning ordinance.  KMRD had 30 days to do this after the December ruling.  It remains to be seen whether the PA Supreme Court will take this case on their docket.  The court will decide if there is significant Statewide significance.  Kline said that he expects to learn in 30 days if the court will agree to hear it.  

He reminded the Board that the Substantive Challenge is still in the Northampton County Court of Common Pleas.  (This is the challenge alleging discrimination in the Zoning Ordinance.)

Please read Tony Nauroth (Express Times) and Tom De Martini (Morning Call) for more details.

Misc:  Chuss asked about the Lafayette contract for the wrestling building.  Schnaedter said that (Community Center Coordinator) Miller sent it over late this afternoon and that he was merely advising the Board that he had it.  Kline said that a copy was sent to him as well and he has questions since the Lafayette College Wrestling Club is not the same as Lafayette College.  He will call Miller for more information. 

UNFINISHED BUSINESS

Appointments for various Boards and Commissions - After last week and this week's candidate interviews, Chuss announced the following appointments:

• Planning Commission - Vito Tamborrino (4 yr), Joseph Rizzo (4 yr), and Robert Rusnak (Billings unexpired term)
• Zoning Hearing Board - John Pappas (5 yr)
• Recreation Board - John O'Neil (5 yr) and Beverly Dalrymple (5 yr)

NEW BUSINESS

Proposal & Contract for Architectural & Engineering Services (Rick Schnaedter, Township Manager) - James Bogrette made a presentation to the Board of the second step in the public works garage process, the tightening of the numbers on the master concept plan (now deemed a schematic plan) - and the engineering services.  He said that now a high level of detail is needed to start defining every bit of the project and its unique features - the green roof and landscape architecture.  He will put together a RFP and invite a select group of firms for bids.  This will take it through more site and land development and the firms, who have worked with Kimmel Bogrette before, will understand their intent and not panic and overcomplicate it. 

Mr. Bogrette said that he has three names for mechanical and structural work and will share them with Schnaedter in order to be as transparent as possible.  Kimmel Bogrette proposes to work hourly on Phase 3 with a not to exceed number in place, billing only for what it takes and if it takes more time, the cost would be on Kimmel Bogrette and not on the Township. 

Howell remarked that this is his first time going through a project of this type and that the narrative is very well laid out and very clear.  He is looking forward to the relationship.

Egolf asked if there would be geological testing of the land.  He was told that it would absolutely be done and the estimated cost is between $8,000 and $14,000.  It will be done sooner rather than later.  Kimmel Bogrette recently went through this with Hanover Township and got really competitive bids, all within $600 of each other.

Chuss noted the costs to be $284,000 with $45,000 to $55,000 in engineering and geotechnical fees. It is in line with the anticipated costs. 

Kline asked if that included the search for voids given the karst topography.  He was told that there will be eight to ten borings near the building site and more where there will be heavy loads (like the salt storage area) and heavy equipment (like trucks) along the driveway.  They will also discover where the water table exists on the site.   

Billings asked for explanation of the "not to exceed" number in the construction contract.  Expected is $35,000 to $55,000 for construction administration for architectural services.  The bottom line is that if it is exceeded it becomes Kimmel Bogrette's risk. 

Howell questioned site visits at appropriate intervals.  He wondered if they advise townships to hire a person who does more micro-management.  Mr. Kimmel said that "when the building emerges out of the ground," they are on site frequently and will be there as the ebb and flow of the project requires.

Kline offered that the Township had a "clerk of the works" for the Municipal Building.  Egolf wondered if a construction manager should be hired and who is ultimately responsible?  Mr. Kimmel said that Kimmel Bogrette is ultimately responsible for the Township to get the building that is designed, specified, and purchased.

Schnaedter said that a clerk of the works is not needed since he, DPW Director Roberts, and Township Engineer Muller will be on site on a regular basis.  

Egolf said that staff told him that the Municipal Building construction far exceeded the budget.  Schnaedter noted that he attended the PSATS program, Facilitating the Facilities, and how important it is not to just hand a project over to someone.  It is important to have the right people and adequate oversight. 

Kline's recollection is that the Municipal Building came in pretty close to budget but did go into the contingency.

Farley said that a full reconciliation was done and that the old Supervisors thought the total campus project was over budget.

Kimmel & Bogrette's track record is below 1%.  They are very proud of that.

Howell made the motion that the proposal and contract for architectural and engineering services be approved at a not to exceed number of $408,000.  Rogers seconded and it passed 5:0.

Please read Tony Nauroth (Express Times) for more.

General Obligation Bonds, Series of 2010 (Jim Farley, Finance Manager) - Gary Pulcini, the Township's financial consultant, provided a booklet to the Board showing bond interest rates for the last year as well as a time and event schedule and detailed numbers.  

Assembling information started the week of December 20th and on January 3rd more was received.  On January 14th, the first draft of the POS (Preliminary Official Statement) was distributed and some comments have already been received.  A second draft will be distributed tomorrow.  There will be comments on the second draft the week of the 24th.  Comments are due on the Notice of Sale on February 2nd.

On February 4th the Board will be asked to a resolution approving the sale of the Township's 2003 bond - and paying off the 2008 loan - and authorizing moving forward with rating agencies, etc.  The rate will be locked in on the night of the 18th, the date of the bidding.   The auction is done online through MuniAuction.

Supervisors were told that this is a great time to be doing a project as the rates are low.  In fact, on October 1, 2009 they were the lowest they had been (3.94%) in the last 40 years.  Rates are currently at 4.31%. 

The anticipated savings from the refinancing of the old debt is $391,198 and $12,658 in the refinancing of the 2008 debt.  The old debt will pay off the new debt.  All will be paid off in 2027. 

Howell asked about the PEMA loan.  Farley said that Forks is carrying three PEMA loans and that is the maximum permitted.  This will eliminate the oldest (and lowest at $16,000) one.  When the financing is settled, there will be a new PEMA loan at 2% a new fire truck. 

Howell made a motion to approve the General Obligation Bond Series of 2010 process.  It was seconded by Billings.

The motion passed 5:0.

2010 Goal Setting Session (Rick Schnaedter, Township Manager) - Schnaedter said that goal setting came up at the Finance & Administration Standing Committee meeting some time ago and the committee was in support of doing it.  A session was held in January 2009 and was run on a Saturday by Lafayette College at a cost of $65/hr with a not-to-exceed amount of $1,000.  He said that he was looking for the Board's direction as to whether or not it should be run by Lafayette College this year or done in-house.

Chuss said that last year's session at 6 hours was long.  He suggested that last year's unaccomplished goals be put on a list and that Supervisors and staff meet one evening for two hours.  Schnaedter said that providing the new Supervisors with a list of last year's goals with a commentary of "where we are on those" will streamline the process considerably. 

It was decided to have the session on Monday, February 8th at 5 PM.  Dinner will be provided and because Lafayette College is "independent," it will be asked to lead the session - at their current rate of $65/hour.

Board Agenda Policy (Rick Schnaedter, Township Manager) - Schnaedter said that a document has been drafted for Board consideration.   It is designed to give better direction to the professional staff in the procedures for preparing agendas.  It also says that documents should be delivered to the Manager's office in a timely manner for inclusion in Supervisors' packets.

Chuss asserted that the chairman is to set the agenda and run meetings.  He asked Rogers to confirm this (from her Supervisor course training) but she could not.  Schnaedter said that the document should have a provision that the agenda should be prepared in consultation with the chair. 

Billings asked Kline about the chairman setting the agenda since he could not find anything in the code about it.  Any Board member can add to the agenda as long as it conforms to the timelines.  He said that he spoke with PSATS and was given the advice to "make it an open process."  Howell said that actually the proposed agenda policy does intimate open/equal access.

Chuss declared that he does not want to be accused of not fulfilling his duties as chairman. 

Howell said that in conversations with PSATS last year "that every Supervisor has equal access to the agenda."

Egolf said that a procedure was wanted and now as a policy it needs a number.  Schnaedter will give it an internal number and will develop/write the procedure details to go with the new policy.

Howell made a motion to accept the meeting agenda policy.  Rogers seconded.  The vote was 5:0.

Comprehensive Plan (Dean Turner, Planning Commission) - Turner thanked the Board for filling the Planning Commission (PC) vacancies so that there was a full board for the January 14th PC meeting. 

Turner reminded the Board that the Comprehensive Plan was tabled at the December 3rd meeting so that all Supervisors could have a chance to review the changes that come about from the BoS public hearing.  The updates/changes were documented by Charlie Schmehl (URDC) and delivered to the Board on December 3rd. 

Turner said that the PC would like to get the Comprehensive Plan approved in the early part of the year so that the PC can make the necessary changes to the SALDO and the Zoning Ordinance in 2010.  It is a long process.

Kline noted that if the changes to the Comprehensive Plan are substantial that the Board of Supervisors must hold a public hearing and then vote.  It was decided to have the public hearing in February.  Kline will publish the legal notice which must be posted for two weeks.  Also, the public must be able to look at the final document.  Zoning Officer Weis said that it is on the Township website and in the Municipal Building.

Turner then shared his exasperation at a this "update" process that started in the Fall of 2006 - that is 3-1/2 years  - and when on the BoS agenda it is always the last item and is continually postponed.  He said that he has a life and that this is interfering with that life.

Chuss said that he still objects to the Town Center density in the Comp Plan.  Howell explained that the Transfer of Development Rights (TDR) was put in the plan as a defensive move, a way of bulleting proofing the Township further from developers' density challenges.  It is a "silver bullet" that is needed. 

Egolf said that the Board should look to Dean who has been at this for 3-1/2 years.  He noted, "The thing is out of diapers, is potty trained, let it have a life of its own."

Howell made a motion to provide within the Comprehensive Plan higher densities in the TC district with the use of TRDs as recommended by the ad hoc committee and a hearing date of February 18th at 6:30 PM prior to the regular BoS meeting.  Billings seconded and it passed 5:0.

Executive Session - Held for personnel and potential real estate purchase reasons.  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.

KMRD appeals Commonwealth Court ruling - Procedural Challenge

KMRD has filed an appeal of the Commonwealth Court ruling last December that upheld the Northampton Court of Common Pleas decision that upheld Forks Zoning Hearing Board's decision - in the KMRD Procedural Challenge.  This is the challenge that originally alleged that Forks did not follow proper procedures in adopting its zoning ordinances - all the way back to 1983 and therefore they should all be thrown out and KMRD should be allowed to build under 1983 rules.

KMRD had 30 days from the December 21, 2009 ruling to file their appeal to the PA Supreme Court.  There is no guarantee that the court will agree to hear the case.

Please see Tony Nauroth (Express Times) and Tom De Martini (Morning Call) for more.

2010 BoS Re-Org Meeting and Regular Meeting - Notes

SWEARING-IN OF NEWLY ELECTED OFFICIALS

Prior to the start of the BoS Re-Organizational meeting, (newly sworn-in herself) Magisterial District Judge Jackie Taschner was kind enough to come to Forks to swear in our two newest Supervisors - Michele Rogers and David Billings, our new Tax Collector - Anne Bennett-Morse, and our newest Elected Auditor, Sandra Hanks. 

ANNUAL RE-ORGANIZATION MEETING

Every second class township is required to meet on the first Monday of the new year (unless if falls on January 1st) to re-organize and to elect a chairman, a vice chairman, and a secretary/treasurer.  This year the Board, did just that, it elected officers and voted on positions and appointments - although some were not unanimous and some were accomplished in exceptionally faster than normal re-org meeting speeds.   (See Bill White - Morning Call - for Northampton County Council Sunshine Act rule bending.)

For 2010:  

• Chairman - Erik Chuss - Nominated by Egolf/seconded by Rogers - 4:1 Billings cast the nay.
• Vice Chairman - Michele Rogers - Nominated by Egolf/seconded by Chuss - 4:1 Billings cast the nay.
• Secretary/Treasurer - Robert Egolf - Nominated by Rogers/seconded by Chuss - 5:0.

PNC Bank and PLGIT were voted in as depositories for Forks Township. Signatures of either two Supervisors or one Supervisor and the Township Manager are required for withdrawals from accounts including from the general fund, the utility fund, the escrow account, the tax account, etc.

• Township Manager - Rick Schnaedter
• Assistant Secretary and Assistant Treasurer of the General Fund - NONE
• Township Solicitor - Karl Kline ($150/hr - up from $145 last year)
• Alternate Township Solicitor - Steve Goudsouzian ($150/hr - up from $145 last year)
• Solicitor for Zoning Hearing Board - Michael Shay
• Engineering Firm - Gilmore & Associates - 3:1:present (vote withheld)
• Township Engineer - Scott C. Muller - Gilmore & Associates 3:1:present (vote withheld)
• Auditing Firm - France, Anderson, Basile & Company, P.C.
• Earned Income and Local Services Tax Collector - Mary Ann Kessler
• Assistant Collector - Carolyn Bucar
• Business Privilege Tax Collector - Sandi Rossi

The 2010 meeting schedules for the Board and the Planning Commission were set. The Board of Supervisors will meet on the first and third Thursdays of the month at 7:30 PM with a possible third meeting (if necessary) on the fourth Thursday. Thirty or 60 minute workshops may be scheduled before or immediately after the regular meetings.

The meeting schedules for the Standing Committees (of the BoS) were established as follows:

• Public Safety - second Wednesday - 7:15 PM - Egolf is the senior member 
• Finance & Administration - second Wednesday - 6:00 PM - Billings is the senior member 
• Community Relations - second Monday - 4:30 PM - Chuss is the senior member 
• Parks & Recreation - first Wednesday - 6:00 PM - Rogers is the senior member 
• Public Works - second Monday - 7:30 AM - Howell is the senior member 

All meetings will be held at the Municipal Building.

The Planning Commission will meet on the second Thursday at 7:00 PM and the workshop sessions, which will be treated in the same manner as regular meetings, are set for the fourth Tuesday of the month at 7:00 PM.

PEMA’s Emergency Operations Plan was re-adopted.  It is unchanged from last year.

More appointments:

• Emergency Management Coordinator - Richard Bassett
• Assistant Emergency Management Coordinators - Tim Weis & Bryan Weis

The Board authorized payment of routine bills that may have penalties or interest if they are not paid before the next BoS meeting.

The Municipal Building's daily hours (open the public) were set at 7:30 AM - 4:30 PM Monday through Friday. Office employees’ hours range between 7:30 AM to 4:30 PM.  Hours for the Director of Public Works and for Public Works employees can vary from the standard hours (due to inclement weather, etc.)

Yet More Appointments:

• Fire Chief - Charles Chapman
• Deputy Fire Chief - Dan Dawson
• Zoning Enforcement Officer, Building Code Official - Tim Weis
• Flood Plain Permit Officer - Scott Muller - Gilmore & Associates - 4:1 (Billings cast the nay)
• Assistant Zoning Officers - Matt Miller & Loretta Fuehrer 
• Sewer Enforcement Officer - Scott Muller - Gilmore & Associates - 4:1 (Billings cast the nay)
• Electrical Inspectors - Keystone Electric

The wages & benefits packages of both the uniformed (police) and non-uniformed employees were re-affirmed.

The following appointments was made:

• Vacancy Board - David Hoff - one year term - (incumbent and only applicant - no interview)

The Zoning Hearing Board will meet as needed on the second and third Mondays at 7:30 PM.  (Zoning Hearing notices are advertised on an individual basis.)

Lastly, these appointments were made:

• Board of Supervisors' Voting Representative at PSATS (Pennsylvania State Association of Township Supervisors) Annual Convention - Rick Schnaedter
• Principal to attend TRCOGS (Two Rivers Council of Governments) quarterly meetings - David Howell
• Alternate to attend TRCOGS - Bob Egolf

.........................................................................

REGULAR BOARD OF SUPERVISORS MEETING

Agenda

Public Comments (non-agenda) - none

Supervisors Comments - Egolf welcomed the new Supervisors, Billings and Rogers, and told them that they will enjoy the experience.  Chuss agreed with the sentiment.

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 $7,738,560.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that there have been no meetings since the last BoS meeting and the next meeting will be on the second Wednesday of the month at 7:15 PM.
• Public Works - Supervisor Howell - reported that the first meeting of 2010 will be on the second Tuesday of the month at 7:30 AM.  DPW Director Mark Roberts announced that Sean Quick and Terry Hoff (sic) have taken and passed the National Certified Playground Safety Inspectors Test.  The certification expires in three years - when they can be retested.  They will make recommendations on repairs/replacement of all playground equipment.  Egolf suggested that a letter of congratulations be sent from the BoS.
• Parks & Recreation - Supervisor Rogers - skipped over by the chair- no report. 
• Community Relations - Supervisor Chuss - said that the next meeting will be this coming Monday at 4:30 PM.  He went on to say that in the past the primary responsibility of the committee has been the newsletter and the township map.  Chuss suggested that the committee's focus might be expanded to include the establishment of a (citizen group) Forks Township arts council.  This would be structured like the Forks Historical Society and entail:
  • Identifying township artists and promoting their works.
  • Placing sculpture, artwork, and memorials in parks and municipal buildings.
  • Identifying acts and events for the bandshell.

Howell offered that he is on the Board of ACE (Arts Community of Easton) and there are a number of members who are residents of Forks.  He suggested that Forks residents who are members of ACE would probably like to participate (perhaps as a Forks subcommittee of ACE.)  ACE wields influence in the region and that could be beneficial for Forks.  The major mission of ACE is arts education and it is a non-profit with grant programs.  Chuss said that it will be talked about at the "subcommittee."

Chuss then said that he would like to bring the newly formed Forks Business & Commerce Association under the chair of the Community Relations Committee.  He said this move would allow different members of the Board to participate in the organization. 

Howell explained that both he and Township Manager Schnaedter are members, however, it is not a Township group, it is a private group.  It is the association's board and he is a board member.

Chuss argued that he wanted the position to rotate.  Again, Howell explained that it is not an appointment by the Township but a term appointment per the the association's bylaws and rules.  He added that he and Schnaedter helped to found the group and that is why he was selected for their board (for this year.)  It is in a sense, an honorarium.   

Howell said that in 2006, when his standing committee structure was accepted by the Board, there was a sixth committee, the Economic Development Committee.  It was not put into place at that time because it was a difficult task to design a committee that would not be part of the rotation.  He said that should the Forks Business & Commerce Association be tucked in anywhere it should be in the Finance & Administration Standing Committee.

Howell offered that the association is to help bring businesses to Forks and to help sponsor events within the community (ie. in the amphitheater).  Chuss insisted that the association should be under Community Relations.  Howell said he didn't understand the problem since he is on both the association board and the Community Relations Standing Committee. 

Chuss asserted that he has been involved in economic development since 1993 and knows people in the group and will get in touch with them himself...

Howell reminded Chuss that the association has only been in existence for two and a half months and has a constitution and bylaws.  Chuss said, "They chose you?  I thought we chose you."  Howell again told him that "they" nominated him.  He asked what the problem is.  Chuss said he disagrees that Howell should serve his full term on the association board.  Chuss said, "They don't dictate to us.  We tell them who we will assign and allow everyone on the Board an opportunity."  Howell said that they may do that at the Township's suggestion but "they have spoken for the first year."

Schnaedter said that at an association executive committee meeting Howell was elected to sit on their executive board but that in terms of attendance, any Supervisor can attend the meetings.  He further explained that the Township is not guaranteed a seat on the executive board.  Chuss followed with... "So they dictate to us who is going to be on their economic... inaudible?" 

Schnaedter offered to provide the Board with another copy of the association's bylaws.  He said they have only had two meetings so far.

• Finance & Administration - Supervisor Billings - said that the next meeting will be on January 13th at 6 PM.

Township Manager's Report - Schnaedter announced that the Forks Quarterly has won a PSATS second place award - for the second time in three years - in the 42nd Annual Township Citizens Communication Contest.  He thanked the staff for their assistance and participation in earning the award.

Also, Schnaedter said that he has received a request from Bob Reagan of the US Census Bureau for an out of the way spot in the Community Center to put a table and a few chairs where residents' questions regarding the 2010 census can be answered.   There will be a notice on the Township website.  There were no objections by the Board.

Engineer's Report - Muller - had no report.  He said that he has been working with Keystone Engineering and Township staff.  Billings asked if he was up to speed on any projects including those on tonight's agenda.  Muller said that he was not.  Billings said that he is disappointed that Muller did not "jump in" earlier.  Howell remarked that he is disappointed that he (Muller) was not at any of the recent Planning Commission and BoS meetings. 

Schnaedter said that he advised Muller that it was not necessary for him to be at any earlier meetings because Keystone was present. 

Kline noted that catching up will be a daunting task and he compared it to taking a drink from a fire hose.  Some of the projects started in 1999 and have a long history. 

Egolf said that he was pleased that Kline said that as he wanted Muller to know that this was not a contentious Board.  He added that the Township does not want cursory work... it wants "full depth" and that's what he thinks the Township will get.  He welcomed Muller to his new position as Township Engineer. 

Chuss asked Muller if he will look at the public works garage project in the next couple of weeks and provide any thoughts he might have.  Schnaedter said that he told Muller that until the Township gets the next phase from Kimmel Bogrette, there is nothing to review.  Muller was already given a copy of the sketch drawings. 

Muller said that he has indeed been working in the background. 

Solicitor's Report - Kline - reported on that on December 21, 2009, the PA Commonwealth Court validated Forks Zoning Hearing Board's decision in favor the of the Township and against KMRD in its Procedural Challenge of Forks zoning ordinances.  KMRD has 30 days to appeal to the Supreme Court.  If appealed, the State Supreme Court may or may not agree to hear the case.

Read the decision here - large file.   For more details read these articles:  Tony Nauroth -
December 23rd - Express Times and Riley Yates - December 24th - Morning Call.

The KMRD Substantive Challenge, the one that alleges that Forks zoning is discriminatory, is still in the Northampton County Court of Common Pleas.

UNFINISHED BUSINESS

None

NEW BUSINESS

Bethlehem Army Reserve Center - tabled previous meeting (Tim Weis, Zoning Officer) - For a full hour the Board asked questions of the Army Corps of Engineers and members of the Reserve Center who were present.  Not everyone was on the same page much of the time. 

Supervisors Howell and Billings asked about things that have concerned residents - traffic, live ammunition, solar panels, parking, use of the facility, number of employees, plans for future helicopters, types of vehicles, new hires from Forks, taxes, recreation fees, emergency plans, water recycling, etc. 

The Army Reserve's plans call for the use of humvees on Township roads, no live ammo (but weapons), garage space for trucks and equipment, unheated storage, a 32 foot anti-terrorism set-back, an assembly hall, two stories, no solar panels, no water recycling, etc.  There will be 22 full-time employees and the site will not be manned 24/7.  It will house Bethlehem's Wilson Kramer Army Reserve Center and a maintenance shop.  The move is part of BRAC, the federal Base Realignment and Closure program.

It will be built to LEEDS silver standards but, because of the cost, not certified. 

So far, no contact has been made with Police Chief Dorney to devise an emergency action plan.

The Army Corps has indicated that it intends to use infiltration for returning storm water to the ground.  Kline said that per the October Keystone review letter, approvals by outside agencies are needed as is a hold harmless clause regarding the infiltration drainage.  Kline said that beneath the site are Karst limestone formations and since that is like having Swiss cheese underground, flooding that Karst limestone with water is not a good idea.  It is asking for sinkhole trouble.  The public sewer line runs nearby but not through the area where voids have been found. 

On top of adding the Karst warning, the Keystone letter recommended signature blocks and that the LVPC add signatures to the plan. 

In discussion of possible economic benefits, Howell noted the extraordinary amount of tax exempt property already in Forks Township.  There are three cemetery associations, four churches, two elementary schools, Lafayette College property, LV Airport property, the Stryker Brigade, all the Township owned land, and the largest middle school in Pennsylvania.  He said that although two years ago, he voted "yes" for the Stryker Brigade, he was going to vote "no" now because he thought that this project is not giving back to the community. 

There was a question about whether or not the recreation fees that all other developers pay will be paid by the Army.  Howell suggested that if they are not paying the recreation fee, that they at least volunteer a stipend to the Township.  They will not be hiring residents, they will not be buying diesel fuel here (we have no dealers), they will not being paying local taxes, but they will hire a catering service to do their meals, and they will be using our infrastructure and emergency services.

The vote to approve the lot consolidation (two lots are needed) and the vote to approve the land development plan both passed 3:2.

Please read Christopher Baxter (Morning Call) and Tony Nauroth (Express Times) for more details. 

Alfero Construction Company Land Development (Karl Kline, Solicitor) - Mr. Nick Alfero told the Board that there was a miscommunication and that he was not aware that his land development project was previously on the agenda for the PC or for the BoS.  His contracted engineering firm, RT Consulting & Engineering, did not let him know.

He said that he was born in Forks Township and lived here for a time as well.  In fact, his company started in Forks Township.  His project will move the Alfero Construction Company back to Forks - on property it owns on Kuebler Road. 

Kline said that generally the issues cited by the Township engineer are resolved before projects are presented to the PC and the BoS so as not to waste time.  In this case, there was no response from Alfero's engineer to Keystone's letter.  Because of this and because the (planning) clock was running, both the PC and BoS had to reject the land development project in order to avert "deemed approval."

Dean Turner, Planning Chair, added that there was no presentation to the PC of the plan and therefore no explanation of what Mr. Alfero wanted to do in Forks.

Mr. Alfero said that he has new drawings that should satisfy all of the deficiencies cited in the Keystone letter.  It was decided that he will redo his plan submission as a brand new submission and once again pay the fee ($150).  Kline advised him to be certain that his engineer attends the PC meeting and addresses any and all review comments promptly.

Resolution # 100104-1 & 100104-2 – Waiver of employee contributions to pension plans (Karl Kline, Solicitor) - Kline explained that the Township auditors (France, Anderson, Basile & Company, P.C.) recommend doing this annually as opposed to doing multiple years at a time.  One resolution is for the police department in 2010 and the other is for the non-uniform employee pension plan for 2009 and 2010 (since it was not done last year.)  The police department contract expires in 2012.

Billings made the motion to pass the resolutions and Howell seconded.  The vote was 5:0.

Scheduling of candidate interviews for Boards and Commissions - After much discussion, the Board settled on Tuesday, January 12th at 7 PM for the Planning Commission and Zoning Hearing Board candidate interviews. 

This will get candidates for the PC chosen before the PC runs into quorum difficulties.  The PC has a seven member board with three openings.  Should they hold a meeting before at least one of the seats is filled and one current member is unable to attend, the meeting would need to be cancelled for lack of a quorum.

On January 21st, at 6 PM prior to a regular BoS meeting, the Board will interview candidates for the Recreation Board. 

The hope is that members will be chosen the same night as the interviews.  Schnaedter will notify the applicants of the interview dates and times.

All interviews are open to the public and will be held in the Municipal Building meeting room.

Executive Session - Held for personnel and litigation reasons.  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.

Commonwealth Court says "no" to KMRD's procedural challenge

From the FAC website:  On December 21, 2009, the PA Commonwealth Court validated Forks Zoning Hearing Board's decision in favor the of the Township and against KMRD in its procedural challenge of Forks zoning ordinances.  

It remains to be seen if KMRD will pursue the challenge to the next level, the State Supreme Court, and if it does, whether or not the Supreme Court will agree to hear the case.

Read the decision here - large file.  For more details read these articles:   Tony Nauroth - December 23rd Express Times and Riley Yates - December 24th - Morning Call.

BoS Meeting Notes - 11/19/2009

Regular Meeting (agenda)

This was a pre-holiday meeting with only one agenda item. Supervisors should have ripped through the meeting rather efficiently. In fact, they did - with the exception of a one hour plus Executive Session to discuss litigation, personnel, and real estate issues.

The tentative 2010 budget was approved in a 4:0 vote. Supervisor Nicholas was absent. No tax increase is expected for 2010!

Approval of the October 29th special meeting minutes was once again tabled. A memorial statue was offered and accepted for the Community Center grounds. And, Supervisors learned that the owner of one private home on Newlins Road East is seeking a real estate tax re-assessment.

Public Comments (non-agenda) -

• Fritz Wiede, Forks resident, addressed the Board and reminded them that he was at the last BoS meeting and spoke about the "$3.5 million equipment shed." He asked if the Board had a chance to discuss the project since the last meeting. Chairman Howell said that there was discussion of the plans at a conceptual meeting (of the public works committee). Mr. Wiede said that he visited the "old equipment shed" and admitted that it is an outdated piece of equipment (from the outside - he did not go inside). He said that he's been a resident of the Township for 40 years and asked that the Board keep taxpayers in mind when it comes to paying $3.5 million. He added that he thought a price of $1 million would be enough and asked the BoS if a referendum has been considered so that the people can vote on this project. Howell explained that the Board did not feel a referendum to be necessary when the project originated. Howell suggested that any Board member who feels that there should be a referendum, advise Mr. Wiede. Mr. Wiede said that he will be back in January to ask the new Board members. He was told that they were both in the audience and he could discuss it with them in the lobby after the meeting. He chose to leave the meeting.

Supervisors' Remarks:

• Supervisor Miller introduced Mr. Michael Kadjeski of Mechanicsburg, PA. He is the son of the late Robert Kadjeski, a long time figure in Fork Township athletics and a former Community Center employee. Mr. Kadjeski asked the Board's permission to erect a memorial statue on the grounds of the Community Center. He said that it will be financed entirely by the Kadjeski family and that site preparation work will be reimbursed to the Township. The memorial is a bronze statue of children playing on a log. Mr. Kadjeski said that he will personally guarantee maintenance and repair in the event of manufacturer's flaw or vandalism - for twenty years.

Of his dad, Mr. Kadjeski said that he was a 53 year resident of Forks and active in the 60s and 70s when there were only three sports for boys - football, basketball, and baseball. Now there is also lacrosse, soccer, wrestling, volleyball, etc. He was president of the Forks Township Athletic Association for a number of years. He was responsible for the first purchase of wrestling mats and now the wrestling program has its own building.

Mr. Kadjeski said that his father was very proud of the fact that the Community Center was more than just a place for kids in competitive sports. He and Miller coached at the Community Center and when Kadjeski retired from his job, Miller asked him to work there.

Howell said that he has seen the statue and that it is lovely and in very good taste. In fact, he said that it is the kind of statue that should be enjoyed in a 360 degree view. Howell said that the Board is honored to receive it and hoped that the family would revisit other areas of the park that may have a more appropriate site for it.

Miller offered that there is already a plaque and that Mrs. Kadjeski and her daughter looked at five different sites and wanted the statue located around the Community Center somewhere. Mr. Kadjeski said that the family did not want to be presumptuous but will certainly consider other spots for it.

The motion to accept the memorial statue was made by Miller and seconded by Egolf - subject to placement. The vote was 4:0.

• Supervisor Chuss mentioned the upcoming openings on the various Township boards. The Planning Commission will have three vacancies - Tamborrino, Rizzo, and Billings. The Zoning Hearing Board will have one vacancy - Pappas. The Recreation Board will have two seats open - Reiter and O'Neil. And, the Vacancy Board will have one opening - Holmgaard.

The Vacancy Board position was discussed. It has never been advertised and has traditionally been filled by a former Supervisor. Solicitor Kline said that the appointed person only acts if there is a vacancy on the BoS and that the person appointed need not be a former Supervisor. In further discussion, the Board learned that Mr. Holmgaard intends to move from Forks. His home is for sale.

Chuss made a motion that all vacancies be advertised, with all applications due by the end of December, and that all applicants be interviewed in January, and appointments made by January 31st. Miller seconded and the vote was 4:0.

• Supervisor Miller said that the Township currently has no policy regarding memorials in the park and he suggested that Township Manager Schnaedter look into it. There are several memorials in the park for Forks residents, including one for Colleen Supinski who was killed on 911 and one for Barry Bush, the FBI agent killed accidentally in the line of duty. Miller said that none of these came before the BoS but that there should be a policy that starts with the Township Manager or the Board.
• Supervisor Egolf said that he attended the ground breaking for the Crayola solar farm this morning. He added that the project was started last year and aborted and is now alive again. The solar panels are manufactured in Ohio. There were about 100 people at the ceremony and Egolf said that it was noteworthy for Forks as it will likely get worldwide notice. The solar array "will power a good part of the manufacturing operation when it is up and shining." Howell added that the 15 acre site is one of the highest in Forks and that the project is part of the stimulus program ($1.4 million) and will provide 23 jobs.

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 4:0 vote. The Township's current outstanding debt is $7,756,832.

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

• Public Safety - Supervisor Howell - said that the committee met last week and discussed routine business plus the Borough of Emmaus' ordinance on animal population (specifically dogs and cats) within residential homes. According to Schnaedter, although it has worked out a system of appeals and inspections and passed an ordinance, Emmaus does not intend to enforce it. The Public Safety Committee therefore, recommends foregoing studying this any further as it does not want to approve a bill that will not be enforced. The bill would be too intrusive on homeowners. The next meeting is Tuesday, December 15th at 8 AM.
• Public Works - Supervisor Chuss - reported that the committee's November 10th meeting was cancelled due to an emergency. The committee was also in the middle of the engineering firm interviews. The field of applicants has been narrowed from 31 to seven and after the seven were interviewed, the field is now down to four. Final public interviews will be Monday and Tuesday evenings from 7-9 PM in the Municipal Building.

Chuss said, too, that Kimmel and Bogrette's preliminary sketch has been received and that it is an interesting design. Costs were discussed and they were encouraged to keep them down. The firm will come back with a more finalized sketch which will be opened up to full Board review and comments by the public.

Egolf offered a "funny" story. He said that several years ago, a Sullivan County community was looking to build a storage building. There were people on both sides - spend more vs. spend less. The community built the lesser of the two buildings. The 1996 heavy snows collapsed the building. Egolf offered that he thinks "you get what you pay for."

• Parks & Recreation - Supervisor Egolf - gave credit to Jim Farley, Finance Manager, who has taken time to look at the the things going on in the athletic association program. Lots of spreadsheets have been prepared and both the Recreation Board and the AA were invited to the last committee meeting. It was a good meeting but no one from the Recreation Board attended. Egolf said that he is hoping that wires were simply crossed and that sooner or later both organizations will be at the table at the same time. He said that he was optimistic after a budget workshop when both the AA and the Recreation Board attended.

Egolf also said that the wrestling commissioner would like to start a "mat club" for off season wrestling designed for young kids interested in wrestling. A recommendation from the Board is needed and he would like to say to Dan Martyak that as soon as the AA gets a proposal together the Board will consider it.

Lastly, the AA is putting a new system for volunteers in place. They are not getting as many as they would like and will assess parents when they sign their kids up for programs - volunteer or pay a fee.

• Community Relations - Supervisor Miller - said that Schnaedter is working on new additions to the newsletter. Miller said that his proposal will be presented at the next BoS meeting. Schnaedter offered that it is for the website and will be brought to the committee first.
• Finance and Administration - Supervisor Nicholas - Absent. The next meeting will be on December 9 at 5 PM.

Township Manager's Report - Schnaedter - reported that there was a recent meeting of the Northampton County Tax Collection District. Forks share is $1,456.55 which entitles it to 2.91% of the vote. The District meets once a month and he and Farley alternate attendance.

Howell asked how the 2.9% was arrived at and Farley said it was based on confirmed revenue from 2007. Howell noted that Forks appears to be the 6th or 7th largest community in the district. Farley offered that the data is on the Supervisors' shared drive and that he will continue to post information there as it becomes available.

Howell thought it amazing that Forks has higher receipts than the city of Easton. Schnaedter said that Easton is disputing the way it was calculated.

Schnaedter said that there have been a tremendous amount of responses for the Community Center Monitor positions. The application deadline is November 30th. Interviews will be held shortly after that.

Also, Schnaedter said that the schedule and names of the four engineering firms for the Monday and Tuesday interviews are in the Supervisor packets.

Engineer's Report - Fred Hay - absent

Solicitor's Report - Kline - said that the KMRD procedural challenge oral arguments were heard in the Commonwealth Court in Philadelphia last week. Those in attendance included Mr. & Mrs. Howell and Jim Wideman. It will be at least 90 days before a decision is rendered.

Kline said that the huge record of material for the substantive challenge has now been assembled and sent to the Northampton Court of Common Pleas.

In addition, Kline said that the Comprehensive Plan public hearing is set for Tuesday, December 1st at 7:00 PM. The BoS will be in a position to consider the plan at its December 3rd meeting and if there are no changes, the Board can adopt the Comprehensive Plan at that meeting.

Also at the December 3rd BoS meeting, the Planning Commission plans to make presentations of two ordinances that the PC has been working on for changes to the Zoning Ordinance and the SALDO (subdivision and land development ordinance). One is a solar ordinance and the other is a historic resource ordinance. The latter is likely to be controversial for all the people who have properties on the list. Kline said that he heard that there are over 200 properties named.

Howell asked if it will be a presentation only or if the Board is to act on the ordinances that night. Kline said that it is a presentation and although the historic resource ordinance is complete, the actual inventory list is not. There are three categories - 1, 2, and 3 - and each property must be assigned to one of them. The categories determine the restrictions that apply.

Once the Board has the ordinance and the historic resources inventory, it can decide if it wants to proceed with it at all and what the process will be. Kline suggested that although it is not necessary, the BoS may want to ask the PC to hold the first public hearing - after giving notice to all the property owners who may be affected.

And, finally, Kline said that there is another tax assessment appeal in progress. This one is for a single family home on Newlins Road East. It is likely to have only a minor effect on the budget.

UNFINISHED BUSINESS

Tentative Adoption of 2010 Budget – as per calendar (Jim Farley, Finance Manager) - Farley said that there were three budget work sessions since the beginning of October. This budget has come together in a fairly easy first and second pass. There is a modest surplus from 2009 and no tax increase is needed for 2010. The Township is able to meet all obligations and to fund some capital improvement projects.

Farley asked the Board to tentatively adopt the 2010 budget as it stands and to to authorize advertising it in the newspaper as well as making it available at the office and on the Township website for public review - for the mandatory 20 day period. This will make it available for adoption at the December 17th BoS meeting.

Howell asked that an executive summary (for the public) be prepared to accompany the budget. Schnaedter said that he would put together a letter like last year's cover letter. Per Schnaedter, the Township finances are in much better shape than last year. He said, "It's a credit to the Board, to the staff, and all the hard work they did."

Egolf made a motion for the tentative adoption of the 2010 Forks Township budget. Chuss seconded and it passed 4:0.

NEW BUSINESS

None

Executive Session - There was an Executive Session for a litigation matter, a personnel issue, and a real estate matter. The Supervisors-elect attended.

Two motions were made, one to increase the DPW Director's annual vacation time from 80 hours to 120 hours and to increase the Finance Manager's vacation time from 108 hours to 120 hours. The other motion was to give the Township Manager a $200 monthly vehicle allowance. Both motions passed with 4:0 votes.

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.

KMRD Oral Arguments Monday, November 9 - in Philadelphia

The KMRD LP v. Forks Township oral arguments (in the procedural challenge) will be heard before the Commonwealth Court in Philadelphia at 1:30 PM, November 9th.  They will take place in the Widener Building, Courtroom 2.

BoS Meeting Notes - 8/20/2009

Regular Meeting (agenda)

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

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

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

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

Public Comments (non-agenda) - None

Supervisors' Remarks:

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

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 4:0 vote.  The Township's current outstanding debt is $8,185,310. 

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

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

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

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

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

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

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

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

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

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

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

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

UNFINISHED BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nicholas made a motion not to accept the phasing. 

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

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

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

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

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

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

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

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

NEW BUSINESS

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

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

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

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

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

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

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

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

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

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

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

Executive Session - There was an executive session for a litigation matter and for a personnel issue.  No action was taken and the meeting was adjourned.

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

BoS Meeting Notes - 4/2/2009

Regular Meeting (agenda)

Forks Supervisors learned that Waste Management has agreed to a one year contract extension (at the same price) and that KMRD has, as expected, filed an appeal of Judge Giordano's ruling on the Procedural Challenge.  The next stop for it will be the Commonwealth Court.

However, the lion's share of BoS time was spent in discussion of the playground equipment purchase for the first of Fork's neighborhood parks.  The discussion ran the gamut of the virtues and vices of neighborhood parks, teenagers, Easton's park problems, the as yet unfinished Comprehensive Plan, and even an implication that the standing committees are not working.  It lasted an hour.

Please read Lynn Olanoff's Express Times article for more on the Penn's Ridge Park discussion.

The meeting was attended by seven EAHS students who where there to fill a government course requirement.

Public Comments (non-agenda) 

Fernando Cabrera of Cara Court spoke on behalf of the 59 homeowner members of the Lafayette Park Green homeowners association.  He said that he brought two issues to the Board.  The first was a safety issue about the intersection of Meco Road/Thomas Drive/Jamie Court.  The association wants a stop sign there, east and west.  He said that the road is almost a drag strip and it is a school bus stop area used by 25-30 children

The second issue was a request for an ordinance to address the storage of abandoned vehicles (or vehicles in a state of disrepair) on private property.  Mr. Cabrera said that homeowners' properties were devaluing already because of the market and an abandoned vehicle in the neighborhood doesn't help.  The police department had already told him that there is no current ordinance and their hands are tied.  The vehicle, a pick-up truck with a cap, is registered, insured, and inspected - but its owner has deflated the tires and left it in the driveway at (he believes) 90 Thomas Drive.

The homeowners association has levied fines and the owner pays them when a lien is about to happen.

Mr. Cabrera is in property management in NJ and PA.  He said that his firm has helped municipalities craft such ordinances and he would be happy to assist in this process.  Howell asked for his business card.

Regarding the speeding issue, Chuss suggested that homeowners see Chief Dorney to get some of the SLOW DOWN signs.  Dorney said that they still have a few available.

Supervisor Remarks:

• Supervisor Miller - spoke to the success of the Downtown Easton Merchants' Initiative held (March 15th) at the Community Center.  The fair showcased Easton merchants' offerings and was busy all day. The merchants were very pleased. He reported, too, that the two day Egg Show (March 28-29) was very crowded and the exhibitors were pleased with the turnout and the facility.  They will be back again next year.  Miller said that it was a "win-win" for the Township and for all the exhibitors at the show.  He added that he was told that the money they made on Saturday alone was more than they made in a two day show last year.

Treasurer's Report - Egolf (after a side note that Miller was a "good egg") detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $8,346,476. 

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

• Public Safety - Supervisor Howell - said that the committee's next meeting is scheduled for Tuesday, April 21st at 8:00 AM.  The public is welcome to attend.
• Public Works - Supervisor Chuss - reported that the Board has copies of the five year plan drafts for Public Works.  He said that the did a "kind of sanity check on them" and he thought overall they looked very good - outstanding.  He asked the Supervisors to look at the drafts and make comments or suggestions.  The committee will review the comments at its next meeting with the goal of getting the plans as close to final as possible before BoS discussion and adoption.  DPW Director, Mark Roberts, noted that the final draft of the sewers and facilities plan is ready but he did not like the format of the final draft and is fixing it.  He will have it for the next meeting.  Chuss said that the next committee meeting is on Tuesday, April 14th at 7:30 AM.  The committee will have the initial information for the potential new DPW garage.  The report will be sent to the BoS by the end of the month, or at least by the next BoS meeting.
• Parks & Recreation - Supervisor Egolf - said that there have been no meetings since the last BoS meeting.  The committee's next meeting is scheduled for Monday, April 13th at 6 PM.
• Community Relations - Supervisor Miller - said that the committee's next meeting will be on Monday, April 13th at 5 PM.
• Finance and Administration - Supervisor Nicholas - said that the committee's next meeting will be Wednesday, April 8th at 5 PM in the Municipal Building meeting room.

Township Manager's Report - Schnaedter reported that he received notification from the Northampton County Department of Administration that the grant application drafted by (then) Emergency Management Coordinator Tim Weis has been "successful."  It is for mitigation of flooding on Kesslersville Road.  The project estimate is $250,000.  Forks' (match) portion is 25% or approximately $62,000.

Howell said that the project is for a stretch of Kesslersville north of Newlins that will be raised with drainage going under it - along the natural swale.  He added that it will be a great benefit to the community after heavy rainstorms.

Schnaedter said, too, that the newsletter is at the publishers and he hopes to have the proofs shortly.

Nicholas asked Schnaedter to comment on the Waste Management contract.  He said that Solicitor Kline has a copy and is putting an agreement together for the Board.  It will be a regular agenda item at the next meeting.

Egolf asked who will be attending the April 7th (free) Energy Forum?  Schnaedter said that he and Tim Weis will be attending - and any Supervisors who wish to go.  Schnaedter said that he knows Weis is excited about it.

Engineer's Report - Hay - no report.

Solicitor's Report - Kline - said that he has prepared a small agreement for a one year extension to the Waste Management contract.  Waste Management has agreed to hold the rate for one year, from September 1, 2009 through August 31, 2010 and the agreement allows the parties to extend the contract with two additional one year terms.  He has sent the agreement to Waste Management for signature.  When he gets it back, he will put it on the agenda for Board consideration.

Kline said, too, that he attended a pre-construction conference this week for the Kiddie Academy (going in at Sullivan Trail Business Park).  The project is finally going to start in the spring. 

And, Kline told the Board he is "not surprised" (but is disappointed) that KMRD has filed an appeal of Judge Giordano's ruling on the Procedural Challenge.  KMRD has lost it twice, once before the Zoning Hearing Board and once before the local courts.  It will now go to the Commonwealth Court. 

Kline said that his opinion is that this challenge as well as the substantive challenge are examples of greedy developers suing the Township to try to force zoning changes that would provide them with a "multimillion dollar windfall."  The cases have nothing to do with affordable housing since they had approval for affordable housing and they chose not to build it.  The developers allege that they are interested in preserving farmland but nothing can be "farther from the truth" since they are proposing 3,000 units in the Farmland Protection District.

In closing, Kline said, "I want to make it clear to everybody, that the Board and the Township intends to continue to vigorously defend against these challenges to the Forks Township Zoning Ordinance."

Chuss asked what reasons have been given for the appeal and Kline said that all that has been filed so far is a notice of appeal saying "We're appealing."   He guesses that they are using the old reasons "plus a few more indicating that Judge Giordano didn't know what he was doing - in more legal terms than that."

UNFINISHED BUSINESS

Approval of Playground Equipment – Penn's Ridge (Bob Egolf, Supervisor) - Egolf briefed the Board on the history of the neighborhood parks concept, in particular, tot-lots.  The concept originated last year with the Parks & Recreation Standing Committee under Howell.  The first to be solely a Township park is Penn's  Ridge.  (Egolf noted that the Township did contribute to the playground equipment at the Forks Elementary School last year.)

Egolf said that he and Nicholas have come up with the plan for Penn's Ridge and it has been widely distributed.  He said that the Upstream Farms neighbors "have been interested and concerned about the impact on their neighborhood."  And, he added, that both he and Schnaedter as well as others have spoken to them.  They understand the reason for the park and like the fact that the basketball court will be as far away from their homes as possible.

Egolf said that he is asking for Board approval for the tot-lot equipment purchase.  He described two pieces of playground apparatus, one for "really little folks" ages 2-5 and the other for ages 5-12.  The one for the older children will have climbing ladders and an overhead gym - plus a few other things.  There will be a seesaw and swing sets with infant seats and regular belt seats.  Weis showed slides of the type of equipment to be purchased.

Egolf said that he is also asking the Board for approval to get the play equipment installed by the manufacturer.  He said that it is a "long and arduous" process to get this all installed in a timely manner, and he feels that it would be best done by the manufacturer.

Howell asked what other peripheral items might be included at no charge.  Egolf said that the offer for this month only (from the supplier) is probably one jumping truck/car.  Last month there were other items offered.

Nicholas asked about bike racks.  Egolf said that he suggests that they don't invest in any since his experience is that the kids are right there and they don't use them.  They simply let their bikes lie in the grass.  Nicholas then asked about the sandbox and Egolf said that he has not yet been able to locate one that does not have removable corner seats.  The removable seats disappear overnight.

Sandy Hanks (resident) asked if the price was still $64,000?  Egolf said that it is a bit that under but he is only talking about the play lot equipment.  The basketball court must be put out for bid in order to get a price for it.  He noted that the money for the neighborhood parks is coming from developer paid impact fees.  Builders have given money or land or both, specifically for this type of expenditure.  And, that account has more than adequate funds to do neighborhood parks.

Howell asked the total cost of the play equipment.  Egolf answered that it costs $26,026 and that installation will be an additional $9,617. 

Howell then asked Finance Manager Farley if the installation money can come out of the impact fee account.  Farley was unsure about the prevailing wage rate requirement.  Kline said that if the equipment is in the (PA) COSTARS program, negotiations can be done.  The Township is not going out for bid.

Howell noted that the play lot (on the plan) seems larger than before.  Egolf said that it is.  It was 40 ft X 40 ft and now it is doubled to 40 ft X 80 ft on the vendor representative's recommendation - in order to accommodate the two pieces of equipment.

Howell asked about a barrier between the parking lot and the tot-lot - to keep cars from crossing through.  Roberts said that the DPW could do that and Hay said that there is curbing there.

Nicholas asked Chief Dorney for his opinion on trees all around the edge.  Dorney said that there seems to be plenty of space between the trees.  Hay offered that the trees in the plan are deciduous and not pine.  Egolf explained that the branches do not go all the way to the ground.

Howell said that he recalled that when Linda Hill talked to the Board about the play structure at Forks Elementary, interconnecting tubes were not to be permitted because a child inside is not visible.  Instead they used a walkway.  Egolf said that he would talk with the vendor's rep about that.

Next, Chuss voiced what he said were the concerns of residents with whom he has spoken.  He said he'd be "remiss" if he didn't bring their concerns to the Board.  He said that residents have expressed their concerns to him and that the majority are against "this" although many support it.  Chuss said that he doesn't think this has been communicated well to residents.  He bases this on what he termed the confusion and disinformation that he's encountered over the past few weeks regarding plans to put a park in Penn's Ridge.

He narrowed the concerns to four:

• The land use is being changed from detention pond to recreation with structures on it.  Chuss said that developers are required by zoning to notify people who live within 300 feet of land use changes.  He thought it would have been "common sense courtesy" to follow the guidelines of the zoning ordinance and notify Penn's Ridge residents. Chuss thought that nearby residents should have been notified of this meeting so that they had the opportunity to come and raise any concerns that they  have or to get questions answered.  (He said that he knows residents can come to any meeting.)
• Chuss said he felt that issues from the last meeting were not adequately addressed.  Specifically he mentioned talk of increased traffic, increased noise, and illicit or illegal behavior on "this property."  He said it's hard to identify who "these people" are since "they come from anywhere and anywhere."  They are "people who use abusive or offensive language in the playgrounds."  Vandalism... users of illegal drugs... and the potential that gangs could possibly meet.  He said that "maybe this won't happen... and probably won't happen, but there is a good chance."  Chuss said that the Community Park is facing vandalism of the soda machine and to the scoreboard and there was even an attempt to steal the goal posts when the price of metal was high last year.
• Chuss said that for him, "This is a complete and total about face regarding the idea of neighborhood parks in general."  Developers are required to provide a percentage of their land for recreation or make a contribution to the recreation fund.  He said that over the years, "people in this room" have said that they did not want to take the land, they wanted money added to the recreation fund.  The money could then be spent at the Township's discretion and also, the Township did not want neighborhood parks scattered all over the Township.  He said that the reasons were maintenance concerns, management and upkeep, and policing.  He doesn't think this change has been given adequate consideration.  But the issue that bothers him the most is the using of the $1.9 million recreation fund money without an overall plan for it.  He said it is a finite fund.  He feels that it should be spent "for everyone in the Township and not just for particular neighborhoods... or what certain people in the Township want." 
• Chuss then said that he never understood that the purpose of the Standing Committees was for the initiation and moving forward of ideas that Supervisors have.  He thought that the idea of the committees was to review items that came from department heads and various boards for initial feedback before communicating them to the Board.

Howell clarified the role of the Standing Committees.  He said it was his proposal to the Board two years ago and that he knows he sent a copy to Chuss.  Howell said that "part of the role of the subcommittee is in fact to overview and supervise indirectly on behalf of the Board a certain function of government...  It serves as a fact finding body to do and fact find on those matters directed by the Board... to make recommendations back to the Board." 

Howell said that he presented the neighborhood parks proposal to the Board and the Board referred it to Parks & Recreation.  It has now come back to the Board, as it should have.  To the issues of parks and the planning of parks, Howell deferred to Kline.

Kline said that under the MPC (Municipal Planning Code) the Township can require that developers set aside land for recreation.  It cannot force developers to pay fees but it can get fees in lieu of land.  The developers pay the fees because often the land is worth more than the money.  This give municipalities some control over where parks are to be located.  In the case of Forks, in most instances, the Township has taken the money, a per lot fee on both residential and commercial developments.  This way, the Township decides the appropriate place to locate the recreational facilities.

Howell addressed Chuss' comment about parks as a venue for crime and gangs.  Howell said that it sounds like every time the Board addresses a neighborhood park, Chuss will say that there will be crime, drug use, and gang activity.  He said that the developer for Vista Estates gave land and the Township put a ball field there.  He asked Chuss if he will object to a tot-lot there?  Chuss indicated that it's a ball field.  Howell asked if neighborhood kids could go there and fly kites, play pick-up games, smoke cigarettes... To each, Chuss answered, "Absolutely." 

Howell asked Chief Dorney if he will have trouble policing tot-lots.  Dorney said it will be just another area to patrol.  Police patrols already go through Penn's Ridge so this will just be a route arrangement to do an "eyeball."

Howell said that the parks are a venue for children and parents and that it is very selfish to object putting a recreation area in other than the Community Park because it might be a "venue for crime."  Howell said that one of the Penn's Ridge residents asked, when he learned that there was going to be a basketball court there, if it would be placed in such a way that he couldn't put up a volley ball net.  Howell said that it is obvious that the area has been adopted by the residents for recreation.

Egolf gave Chuss credit for thinking it (his concerns) through.  However, he said, the area is already a recreation area.  Chuss said that it is a designated detention pond on the plan.  Egolf said that there's a sign there that says it's a recreation area.

Egolf then asked Chuss how he voted on the $10,000 donation to the school for recreation equipment.  Chuss said that he voted yes because it was an upgrade to an existing park and because another group (not the Township) was doing it.  Egolf asked about the behavior there.  Chuss said there are adults there and there are security officers at the school.  Egolf said that it is open to the public during non-school hours - when there are no security officers nor adults present.  It is open to the public on weekends and all summer long.  He pointed out that it looks like a double standard.

Egolf said that in the planning of the Penn's Ridge park, the committee has had conversations with Chief Dorney about patrols, enforcement, and signs.  As to Chuss' "about face" reference, Egolf said that years ago, the Township had 5,000 residents and today it has 16,000 residents  Many young couples have young children and they deserve recreation.  The Recreation Board approves of this park as well. 

Lastly, Egolf said that the entire amount of money needed for the neighborhood parks program was outlined and brought before the Board last year. 

Nicholas said, "When our country comes to the time when we punish the good for the few that are bad, it's a sad day."  The economy is bad.  There are bad people out there.  As far as planning, the Township is planning an amphitheater for the Community Park and has talked about other things as well.  In addition, the committee has talked with the Recreation Board and the Athletic Association and has now brought this to the Board for a vote.  Kids need a place to play.

Chuss said that two of the Easton parks are having problems with irresponsible behavior and gang activity.  He said that he wants an overall plan for the $1.9 million and he wants the Comprehensive Plan in place.  He referred to this as "ready, set, spend."  He thinks it is fiscally irresponsible.

Howell said that "this is not a midnight construction of a park."  It is being done in daylight.  He suggested that Chuss' cadre and army of defenders come to the meeting when the basketball court is discussed. 

Miller said that he was put in charge of recreation 20 years ago - because no other Supervisor wanted it.  He said that back then Panuccio gave land in his developments to the Township.  That land is the swale and a detention pond, neither of which is suitable for recreation.  After that land gift, the recommendation was to collect money instead.  The developers were happy to pay it.  Some of that money paid for the current Community Park and Community Center.  Recently the Township did request (and receive) five acres of land adjacent to the Community park from Signature Homes.  As to the Penn's Ridge park, "nobody knows for sure what will happen."  The Recreation Board said "let's give this one a try and see how it works."  There are problems in the Community Park.

Nicholas said that when asked for a building lot for recreation, the developer Jim Seitz gave it... in addition to the fees.  Chuss said that Mr. Seitz even offered playground equipment.

Nicholas then asked the EAHS students who were present what they thought.  One of them said that the basketball court at the Community Park is always crowded and that the leagues take it over.  Also, the big kids kick the little kids off the court and when you are 10 years old, you don't argue.  He thinks the basketball court at Penn's Ridge is a good idea.  And, he guarantees that more kids do drugs in big open fields than in parks with parents around or checking on their kids.  He also said that he has many friends who are not from Forks and kids like to play with their friends.  They try to find places to play (basketball) somewhere in the middle.

Miller said that the Recreation Board is asking for another basketball court in the Community Park. 

Howell offered that "public parks are public parks."

Egolf made the motion to approve the expenditures for the tot-lot as laid out - and the installation - for a total of $35,643 with a cap on it not to exceed that amount.  Nicholas seconded the motion.  Howell noted that the interest on the developers' funds goes back into the general revenue fund and if it did not, this park could have been paid for with the interest (and not with the principal.)

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

NEW BUSINESS

Resolution # 090402-1 Acceptance of roads in Frost Hollow Knolls, Phases 8 and 9 (Karl Kline, Solicitor) -  Kline reported that the Hay's office has inspected the roads and that they are okay to be accepted.  The approved resolution allows the roads to be qualified for Liquid Fuels Tax Credits from the State.  The resolution passed with a 5:0 vote.

Ordinance 312 – Vacation of portion of Glover Road (Karl Kline, Solicitor) - Kline explained that JG Petrucci, the developer of Fort James III, built a new section of Glover Road that now connects at a 90 degree angle to Braden Boulevard.  The northern section that formerly connected to Uhler Road no longer exists.  In these situations (when the Township vacates a road), the adjoining property owners get the land to the middle of the road.  The ordinance also calls for granting deeds to the adjoining landowners, John Ackerman and JG Petrucci.  In discussion Planner Larry Kitson asked when the cones would be removed.  He noted that there is a power pole in the middle of Braden at the Uhler intersection.  Hay said that the PennDOT work is not yet finished.  The vote to advertise the vacation of the former roadway was 5:0.  The ordinance will be considered for acceptance at the April 16th meeting.

NON-AGENDA ITEM

Grant Application Public Hearing Request (Rick Schnaedter, Township Manager) - Schnaedter explained that at the last meeting he received authorization to submit a park planning grant to the PA Department of Natural Resources. One of the conditions of the application is that a public hearing must be held before the grant application can be submitted.  The application deadline is April 23rd.  The next BoS meeting is scheduled for April 16th.  The Board discussed the fact that a workshop for Planning Commission (PC) applicant interviews was already scheduled for that night at 6:30 PM. 

The conflict was resolved when, with a 5:0 vote, the Board agreed to move the PC interviews to a workshop before its meeting on May 7th.  Another 5:0 vote resulted in the scheduling of a public hearing for the park planning grant on April 16th at 6:30 PM.

Executive Session - The session was held to discuss a real estate land acquisition.  No action was taken by the Board during the executive session.

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.