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.

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 - 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.

KMRD/Kings Mill 0 : Forks Township 1 - Judge Giordano rules!

On March 3, 2009, (Court of Common Pleas of Northampton County) Judge Emil Giordano ruled in favor of the Forks Township Zoning Hearing Board's (ZHB) February 2008 decision in the KMRD, L.P. procedural challenge.  Judge Giordano dismissed the appeal "with prejudice." 

KMRD's procedural challenge alleged that the 2006 Zoning Ordinance was was not properly advertised per the Municipalities Planning Code (MPC).  Had the court ruled in favor of KMRD, a county-wide (maybe further) can of worms would certainly have been opened as most municipalities use similar formats in ordinance advertisements.

Originally, before the ZHB, KMRD/Kings Mill alleged that every zoning ordinance back to 1983 was procedurally flawed and should be void.  KMRD cited 18 violations.  The Township refuted them with over 300 pages of documentation.   KMRD then reduced the list to one single alleged flaw, the public notice.  KMRD said that the entire ordinance should have printed in the newspaper.  The cost would have been $55,000. 

Forks Zoning Hearing Board ruled against KMRD's challenge.  And, KRMD appealed to the Court of Common Pleas, where, before Judge Giordano, KMRD lost its appeal.

The next step for KMRD/Kings Mill, should it decide to pursue this further, is an appeal to the Commonwealth Court.  According to Solicitor Kline (at the March 5th Board of Supervisors meeting), KMRD has 30 days to do that.

Please read Christopher Baxter's Morning Call article for more.  To read the judge's ruling, click here.

BoS Meeting Notes - 2/5/2009

Regular Meeting (agenda)

This night, with all Supervisors present, a unanimous vote was taken to raise the pay of the 2010 elected tax collector by 10 percent to $16,500.  The four year term of the current elected real estate tax collector, June Vail, ends December 31, 2009. 

There were no members of the press present.

Public Comments (non-agenda) - none

Supervisor Remarks:

• Supervisor Miller - commented on the recent tragic house fire that displaced a Forks family.  Miller said that the family came to the Community Center asking for donations.  There they picked through lost and found articles. Community Center monitors then made posters asking for donations for the family.  In one and a half weeks, two truckloads of clothing were collected.  There was even an offer of a 50" television.  Miller wanted to acknowledge the Community Center monitors and the "good people of Forks" for helping a family in a time of need.  The family is now staying with relatives.  From the audience, Thomas Humcheck (sic) said that the family has temporarily moved into a rental house provided by their insurance company.
• Chairman Howell - announced that Lehigh County is hosting a Parks & Recreation Academy sponsored by the Department of Conservation on April 1 and April 8.  Also, Howell reported that he attended the oral arguments in the KMRD/Kings Mill procedural challenge appeal. (The challenge was denied by Forks Zoning Hearing Board in March 2008.  KMRD, as expected, appealed the decision.)  Howell said that attorney Steve Goudsouzian did a wonderful job and was complimented by the judge for his preparation and presentation.  The oral arguments were held in the new section of the courthouse, in what Howell described as a very nice, comfortable, and judicial courtroom.  (Please read Riley Yates (Morning Call) for more details.) 
• Supervisor Egolf - reported that two Saturday's ago, the BoS and management staff had a day long meeting led by David Woglom of Lafayette College.  The objective of the program was met: Goals for the year were set.  The report will be public soon.  Egolf thanked the staff on behalf of his colleagues.  He said that a side benefit was the the staff and the Supervisors got to know each other a little better and together they "accomplished quite a bit."

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 $8,382,923. 

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

• Public Safety - Supervisor Howell - said the Supervisors have the committee's last meeting notes in their packets.  The meeting discussion topic was to determine the best reports from Suburban EMS (SEMS) to fulfill the BoS responsibility of monitoring SEMS performance over the year.  Schnaedter will make a presentation to the committee.  The next meeting is scheduled for February 17th at 8 AM.
• Public Works - Supervisor Chuss - reported that the committee has not met since the last BoS meeting.  The next meeting is set for February 10th at 7:30 AM.  The committee is looking at drafting five year plans for roads, buildings, etc.  Also under discussion is an assessment status of a new public works building.
• Parks & Recreation - Supervisor Egolf - reported that the committee has not met since the last BoS meeting.  The next meeting is scheduled for February 9th at 6 PM when it will review and approve some plans.
• Community Relations - Supervisor Miller - said that there was no meeting since the last BoS meeting and that the next one is next week (February 9th at 5 PM).  Howell said that Schnaedter sent an email to the BoS asking what the Supervisors want regarding website design.
• Finance and Administration - Supervisor Nicholas - said that the committee's next meeting is February 11th at 5 PM.  They will review the monthly township financial statements and the Waste Management plan.  Nicholas offered to email a meeting agenda to anyone who would like one.  Please contact her via email to request the agenda. 

Township Manager's Report - Schnaedter said that the BoS has a draft copy of the strategic plan - from the workshop with David Woglom of Lafayette College.  He asked that the Board review it and send comments to him.  He said that Supervisors' comments will be forwarded to Mr. Woglom. 

Schnaedter said, too, that he will take the recent Klein correspondence before the Finance & Administration Committee for comments and recommendations.

Regarding grants, Schnaedter reported that (per Congressman Dent's office) all projects for 2009 are still pending and that he has received the appropriation grant request forms for 2010.  Initially the application focus was for economic development opportunities.  Now, because the "landscape has changed" he would like to submit an application for 55% funding of a new public works building.  The expected cost is ball-parked at $1.65 million.  Schnaedter said that this would be a long shot and that he doesn't receive a lot of advance notice for grants.  He does however, have enough information and documents on a public works building for a 2010 grant application.  An answer would be expected in December 2009.

Howell wondered if the Township has "shovel ready projects" that could be used to apply for Governor Rendell's shovel ready funding.  He mentioned the intersection of Sullivan Trail and Newlins Road as an example.  Hay said that the Township has made an application to Northampton County for a hazard mitigation grant (for that intersection) and is waiting to hear.  Schnaedter offered that the application passed the initial funding.  It is a $250,000 project.  Howell asked if that project would exacerbate the Sullivan Trail flooding problem and Hay said another project the Township plans is a culvert at Newlins and if water gets under Newlins faster it will get under Sullivan Trail faster. 

With a 5:0 vote, the BoS authorized Schnaedter to submit a 2010 grant application for a public works facility funding.

Nicholas offered that she received a mailer for a grant writing seminar being held in March.  Schnaedter said that he plans to attend.

Schnaedter also reported on the status of the traffic signal at Meco.  He said that he has been in contact with PennDOT and that they are preparing the application and that the drawings have been received by PennDOT.  There has been contact with Mr. Leiser and doesn't want to "jinx it," but he thinks the document will be signed and ready for approval at the next meeting. 

Schnaedter also said that he has had some correspondence from the Delaware Riverside Conservancy regarding a Flood Summit.  He said that Ms. Linda Hill has had conversations with some Supervisors.  Miller offered that having the summit in the Municipal Building is fine since there are a lot of Forks residents who live along the river.  Approval of the use of the room for the Flood Summit was given by consensus of the Board. 

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - reported that the KMRD procedural challenge oral argument was held.  The challenge was to the validity of the 2006 zoning ordinance as well as to the three prior zoning ordinances.  Originally KMRD alleged that there were 18 procedural defects.  However after 300 pages of documents were produced by the Township, KMRD withdrew 17 of the allegations.  The one left is the one alleging that the legal notice did not have enough detail. 

In March 2008, the ZHB (Zoning Hearing Board) unanimously rejected KMRD's challenge and KMRD has appealed that decision.  The judge indicated that should this be invalidated, it would invalidate practically all of Northampton County municipal zoning ordinances - because the legal advertisements had the same degree of specificity.  Please read Riley Yates (Morning Call) for more details on the oral arguments in the procedural challenge by KMRD.

KMRD's substantive challenge appeal is a few months behind the procedural challenge.  The Township must assemble the entire record of the hearings - 1,000 pages of testimony and hundreds of pages of documents - and submit it to the court.  The court will decide on the basis of what is presented to the court by the Zoning Hearing Board.  In the next few months briefs will be submitted and there will be oral arguments.

In another matter, that of security provided by developers to insure that municipal improvements are completed in their developments, Kline noted that case law says that if a developer does not complete the improvements, the Township must.  He said that in during difficult economic times, it is harder for developers to comply and that it is more important now, to keep tabs on developer provided irrevocable letters of credit. 

Kline said that he has notified developers that their letters must be renewed and that he has been authorized by the Board to draw on those that are not renewed.  Kline said that only twice since he has been Forks Township Solicitor have letters of credit been drawn on, once when a developer went bankrupt and once with Mr. Goffredo (Sullivan Trail Business Park).  There are nine letters of credit expiring by the end of March.  With banks tightening credit there may be up to nine letters of credit drawn on to insure the completion of mandated improvements. 

Chuss asked if Township accounts are set-up in the event that the letters of credit are drawn on and Kline offered that the monies could easily be substantial - "easily in seven figures."  Kline further explained that the Township does not get a "windfall" as the money must be set aside in interest bearing accounts, a separate one for each developer. 

Finance Manager Farley said that there is a restricted fund with sub-accounts that are each interest bearing and that there is full accounting for each.

Kline said that two of the letters come due in February and seven in March.

UNFINISHED BUSINESS

None

NEW BUSINESS

Famous Smoke Shop Land Development Plan (Tim Weis, Zoning Officer) - Weis explained that the Famous Smoke Shop has outgrown its existing facility. 

Steve Pany, Project Engineer said that a new 50,000 square feet warehouse is planned for a parcel in the Fort James II industrial park at the corner or Kuebler Road and Mort Drive.  Fifty percent of the building will be a humidor, 20% will be office, 20% will warehouse, there will be incidental space for retail sales, and room for expansion.  The main entrance will be on Mort Drive with a second entrance on Kuebler Road.  Initially there will be 40 employees and at full build out, there will be 80.  There will be approximately three truck deliveries per week.

The Fort James II subdivision requires curbs and sidewalks on Kuebler and the applicant will install them along his Kuebler and More Drive frontage through the bulb in the cul de sac.  There will be an emergency access road around the property perimeter as well a street light (powered from the building) at the high point of Mort Drive.  The building will have a Spanish motif.  Its nearest neighbor is Tioga Pipe.

The business owner, Arthur Zaretsky, said that the industry is in chaos and that the SCHIP program is being funded on the back of tobacco.  He added that if the Rendell (cigar tax) proposal comes to pass, it could change his whole plan.  He killed the project two years ago because of a proposed 50% Cigar Tax and a proposed Floor Tax. 

Mr. Zaretsky said that he is hoping to sell his existing building.

Pany said that all conditions of the engineer's review letter are acceptable.  The emergency road will have a hard surface, the building will be fully sprinklered, the plan is fully compliant with the Township stormwater plan.  Howell asked if the business is planning directory signs in other other locations so that customers can find their way there. 

Planner Larry Kitson asked who owns the existing tree line and was told that it is on the neighboring property and will stay. 

Kline offered that before the PC (Planning Commission) about the only additional issue was the curbing and sidewalk and that has all been agreed to.  The PC condition is that this developer must provide an agreement between the Township and the owner of lot 2F to install the curbing and sidewalk.  Pany said that Petrucci is willing to provide a letter of agreement to the Township and is already preparing it.  The curbing and sidewalks will be installed when lot 2F is developed.

The motion to approve based on the January 5th engineer's letter and the added PC condition was approved with a 5:0 vote. 

Mr. Zaretsky inquired as to permissible offsite directional signage and it was suggested that he set up a meeting with Zoning Officer Tim Weis and Township Manager Schnaedter, who can help him with options. 

Colosi Company, LLC Inter-municipal Liquor License Transfer Application – Schedule public hearing - Property @ 1600 North Delaware Drive - (Karl Kline, Solicitor) - Kline explained that if someone wants to obtain a liquor license, they can buy an existing license in a municipality, or they can buy one from another municipality, making it a new license in the proposed municipality. 

Colosi is seeking the second, and inter-municipality license from the Dancing Fish Company in Bethlehem Township.  The new site is My Little Gypsy Rose on North Delaware Drive.  A license hearing is required by the local municipality to learn more information about the proposed use and transfer.  Kline said that he originally suggested February 19th for the hearing but attorney Piperato is not available that night.  He is available on March 5th.

Howell asked if "we know anything about Colosi?"  He asked too, if they own other licenses?  Nothing is known - unlike when Big Woody's applied for its inter-municipal liquor license transfer.  Big Woody's had other establishments in the Lehigh Valley and a track record allowing for research into its general compliance with liquor license rules.

The vote was 5:0 to hold the hearing on Thursday, March 5th at 6:30 PM - before the regular BoS meeting. 

Resolution No. 090205-1 Forks Township Tax Collector Compensation and Duties (Karl Kline, Solicitor) - Kline said that the position of tax collector is elected and the BoS has the authority to establish a rate of compensation.  The statute controls the tax collectors many activities and hours worked.  Currently, the elected real estate tax collector is paid $15,000 per year and $15 per tax certificate prepared (for properties sold or refinanced).  In addition, the tax collector collects EASD (Easton Area School District) taxes as well as several other fees. 

The resolution restates the schedule for fees as well as provides that the tax collector submit collected money to the Township no later than the 5th and 25th of the month.  The resolution puts together in one place positions and resolutions adopted over the last five years to clarify for everyone what the tax collector's duties and responsibilities are.

The tax collector pay must be set no later than February 15th in the year before the new tax collector takes office.  This is to prevent "finagling" if the tax collector candidates are not liked.  The term is four years. 

Howell clarified that only the Township salary of $15,000 is being considered for an increase.  All other rates will remain in place, $15 for tax certificates, $5 for duplicate bills, $25 for electronic media, and $25 for returned checks. 

Chuss noted that it is an important position in the Township and that it is difficult to predict the cost of living.  Howell noted that In a good year, with the other fees, the tax collector can do well but not so well in a down real estate market.

Nicholas said that the EASD also pays the tax collector.  The Township provides a computer, office space, and postage.  The EASD reimburses the Township for the mailing of its bills. 

Both Howell and Chuss agreed that an increase is merited.  An audience member asked how Forks tax collector's salary compares to Palmer and Stockertown?  Howell said that "ours is under market."  Stockertown pays more on just over 300 tax bills.  The collector there has held the position for 38 years.  In Forks, the tax collector has been paid the same salary for four years.

The motion to accept the resolution and to increase the $15,000 salary by 10% was passed with a 5:0 vote.

Resolution No. 090205-2 Forks Township Municipal Sewer Authority termination (Karl Kline, Solicitor) - Kline explained that this resolution is a "housekeeping" one.  He said that a number of years ago, the BoS took action to terminate the Forks Municipal Sewer Authority and to assume its responsibilities.  The authority had the responsibility for the collector system in the Township but the maintenance of it was contracted to the the Township as was the sending out of the sewer bills.  There were disputes with the sewer authority and the Township terminated it and directed that all bonds be paid off.  They were all paid in 2005.  The authority has held no more meetings.

The Department of Community and Economic Development has continued to require the filing of an annual form and a resolution is needed to stop getting the forms.  This resolution along with notifying the State "should put this all to rest." 

Nicholas asked how the BoS terminates an authority it created?  Kline explained that there was a court battle in 1998.  In it the Township maintained the position that if it had the authority to create a municipal authority, it had the authority to terminate it.  Ultimately the local and commonwealth courts said that the Township indeed has the authority to dissolve the sewer authority and to pay its debt, but the sewer authority has to request it.  This resolution is so that "we can put a stake in the heart of this beast once and for all." 

Nicholas next asked when the sewer authority asked to dissolve?  Kline said that until the debt was paid, the authority had to have an annual meeting.  In 2005 the Tatamy debt was paid and a resolution assigning the assets to the Township was adopted.  The authority ceased to operate and had no assets. 

Nicholas said that she was on the board of the sewer authority and that she never voted on terminating it.  The sewer authority sent a letter to the BoS asking that no sewers be allowed in the FP (Farmland Preservation zoning district).  Mike Matyus, former chairman of the authority concurred.  The letter was sent because of KMRD.  Nicholas said that she believed that if the sewer authority said that there can be no sewers in the FP that there can be none. 

Howell said that if an appointed board refuses to terminate itself, and the appointing authority (the BoS) unilaterally agrees to terminate it, and there is a court contest all the way to the Commonwealth Court, the appointed board members cannot reappoint themselves. 

Kline said that in 2005, at about the time the Township was working on the new zoning ordiance, the sewer authority did send a letter stating that there should be no sewers north of Newlins Road.  But, back in 1997 or 1998 the sewer authority solicitor and two members came to the BoS and said that they had decided that there should be sewers in the FP and threatened to sue the Township if it did not comply.  The question was of who had control of the development in the Township, the sewer authority or the BoS. 

A series of resolutions was adopted to terminate the sewer authority.  The Township has the ability to terminate the authority and to tell them to go out of existence and pay their debt.  The BoS can resurrect the sewer authority.

Nicholas said that she thought it fiscally irresponsible in 2005 to pay off the 1% loan.  Also, she said that the wording in the resolution "needs to be changed because it isn't correct" since the authority is no longer in existence.

Kline said that the resolution follows the language of the statute.  In 2005 after the debt was paid off, the authority had no assets or operations or meetings.  It was defunct - dormant.  He said that if the Board wants to appoint members so that they can have a meeting for the purpose of adopting the resolution to dissolve the authority, it can take that additional step.  

Nicholas said that there is no secretary of the Forks Township Municipal Sewer Authority and asked who will sign it? Kline said that it has already been signed by Debi Tindall, who as acting secretary.  He said that she has been recognized by the State as the acting secretary for the authority since 2005.

Howell said that the Township cannot alter the form the State has given.  Mike Matyus said that the language requesting to be terminated was not how it was put to the authority.  Howell said that the authority sued the Township to stay alive and acquiesced, it did not take to another level which seems a tacit admission that the authority resolved itself to be terminated.

Chuss offered that he understood how he could want the record set straight for the future.  It will be documented in the meeting minutes.

Kline said that this is the language that the Municipal Authorities Act requires.  The motion to accept the resolution was passed with a 4:1 vote.  Nicholas cast the nay.

For more on the history of this topic, see the FAC blog - BoS Meeting Notes - 9/1/2005.

Crop farming Lease – Remaly Tract (Karl Kline, Solicitor) - Kline said that this is the 53 acres of Township land on the southeast corner of Newlins and Richmond Roads.  The Township purchased the land a number of years ago and is still determining how the land will be used.  The lease is for two years at $55/acre.  If the lease is terminated after one year, the Township agrees to reimburse the farmer for the cost of the lime treatments.  Lime is necessary because the Township dumps leaves there and the soil becomes acidic.  This is the same lease that Mr. Rinaldi had in the last two years. 

Chuss asked what happens if the Township wants to develop 10 acres of the parcel during the two year term.  Kline said that the the terms of the just ended lease are acceptable and he will talk to Mr. Rinaldi about any changes the Board wants to make.

Howell asked what Rinaldi's acreage limit would be - that is the number of acres that make it worthwhile for him to farm.  Of course, the Township would be responsible to survey and measure the acreage at its expense.

Kline said that he will talk to Mr. Rinaldi and put together a lease where the Township reserves the right to use some of the acreage in the second year.  He will have it for the next meeting. 

Chuss suggested that the $55 could be lowered to $1 "to help the farmer... with his profitability."  Schnaedter said that in conversations with the tenant, he indicated he would be willing to pay more than the $55/acre.  Miller offered that this farmer does not have a problem with paying $55/acre and that the farmer at the airport is paying the same rate.  Howell said that reducing it to $1 would favor just one farmer.  Kline said that he's been involved in other private crop farm leases and $55 is under the market.  Nicholas said that she recalled that the rate may have been set so that it would cover the cost of the lime if the Township terminated the lease early.

Howell asked if the area where the house was could be planted.  Weis said that because the public works department has equipment on that part of the parcel, it can't be planted. 

Per Board consensus Kline will make the lease "severable." 

Pension Plan (Jim Farley, Finance Manager) - Farley explained that the Township must adopt a revision once every five years, per the Economic Growth and Tax Relief Act.  He said that the revised plan includes "the basic things that apply to most people's plans."  All changes are per government requirements.  Adoption of the defined benefit plan with an effective date of January 1, 2008 passed with a 5:0 vote.

Executive Session - The session was held to discuss possible new litigation matter.  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.

KMRD Procedural Challenge Appeal - Oral arguments heard

On February 3, 2009, Northampton County Court of Common Pleas Judge Emil Giordano heard the oral arguments in the KMRD/Kings Mill appeal of the Forks Zoning Hearing Board's determination that the Township followed procedures in the legal advertising of its 2006 zoning ordinance. 

KMRD wants all zoning ordinances enacted since 1983 declared invalid - a move which would allow development of their owned/under contract parcels in the Forks FP (Farmland Preservation zoning district) under 1983 rules.  Judge Giordano rightly observed that a decision in favor of KMRD would have far reaching ramifications in every municipality in Pennsylvania. 

The Morning Call's Riley Yates was there.  Please read his article for more details. 

KMRD - Oral arguments - Procedural Challenge - Coming Feb. 3rd

The Northampton County Court of Common Pleas has scheduled the oral arguments in the KMRD Procedural Challenge (large file) for 9:00 AM, February 3rd.

This is the challenge that the Forks Zoning Hearing Board rejected on March 24, 2008. KMRD alleged that Forks Zoning Ordinances back to 1983 were enacted with flawed procedures and should therefore be declared invalid. It is no secret that KMRD would prefer to develop the land they own and/or have under contract using 1983 rules.

If you have time on Tuesday, February 3rd, you may want to watch the proceedings in the Northampton County Court of Common Pleas for yourself.

BoS Re-Org & Regular Meeting Notes - 1/5/2009

ANNUAL RE-ORGANIZATION MEETING

Every second class township is required to meet on the first Monday of the new year (unless if falls on the 1st that is) 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 without lengthy discussions and not all issues were resolved.  Supervisor Don Miller was absent (due to a death in his family.)   Tony Nauroth (Express Times) and Tom De Martini (Morning Call) were there. 

For 2009:

• Chairman - David Howell (3:1 with Chuss casting the dissenting vote)
• Vice Chairman - Bonnie Nicholas (4:0)
• Secretary/Treasurer - Bob Egolf (4:0)

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 ($145/hr - up from $140 last year)
• Alternate Township Solicitor - Steve Goudsouzian ($145/hr - up from $140 last year)
• Solicitor for Zoning Hearing Board - Michael Shay
  • The first motion (by Chuss) was to appoint Michael Shay at $145/hr and it was withdrawn after discussion and replaced with two motions, one to appoint, and one for the $145 rate.  Nicholas said that the increase ($45/hr over last year's rate of $100/hr) is "over and above" what anyone else in the Township is getting.  Egolf concurred and for the same reason.
  • Chuss said that he thought that Michael Shay did an outstanding job in the "KMRD defense" and that "what the going rate is is what going rate is."  He added that if someone is doing less than expected the rate should be lowered and if more than expected, he should be paid a higher rate.  He said that Michael Shay is worthy of the going rate of $145/hr.
  • Nicholas agreed that Michael Shay does an excellent job and said that she worked with him on the Zoning Hearing Board (ZHB).  She thought that a 45% increase in a year where the Township has a tax increase cannot be justified. 
  • Egolf said that his aversion to the increase has nothing to do with attorney Shay's professional service for the ZHB but instead is because of the 2009 tax increase and because every department has been asked to hold the line.  Egolf said that he, too, worked with Shay on the ZHB and has the highest regard for him and for his ability.
  • Howell said that Shay's value to the Township is higher than $100/hr.  He added that attorney Shay wrote to the Board and asked for a pay raise.  Howell added that he does not recall Shay asking for any raise at all over the last five years.
  • Egolf said that although Shay did not name a figure, he did ask to be paid commensurate with the Township Solicitor's rate.  Egolf suggested that the Board have a discussion with him and ask exactly what he has in mind.
  • The motion to pay Michael Shay $145/hr resulted in a 2:2 tie (Chuss and Howell - aye, Nicholas and Egolf - nay) and therefore the motion did not carry.  No rate was set.
• Engineering Firm - Keystone Consulting Engineers (at fee schedule provided - approximately a 4% increase across the board)
• Township Engineer - Fred Hay (at $84/hr - up from $80 last year)
  • After the vote to approve passed, Egolf commented that it is important that the Board receive rate change requests in a timely manner.  The fax date on the Keystone rate advisory is 12/30/08.  The budget schedule was advertised, cuts were made, and taxes were raised.  Egolf thought that getting the request for increased rates on 12/30/08 is unprofessional. 
  • Hay replied that it was done the way it has always been done. 
  • Kline asked what date Egolf would like to see professionals' rates and Egolf asked (Finance Manager) Farley what date he begins the budget process.  Farley said that the budget for professional services is not tied to hourly rates but instead a cap is used.  If the cap is exceeded, the additional expense must be justified. 
  • Egolf said that the rates should be submitted at the same time as everything else being considered in the budget.  He said that if he were a Forks department head, he would feel "a little bit down" if he submitted his budget on time and followed all the rules and regulations and someone "waltzes in at the eleventh hour and gets an increase because they provide professional services."  He asked that rates be submitted in the future by November 1st.  Again, he said that this, as in the case of Michael Shay, has nothing to do with quality of work.  Egolf said that the Township gets the highest quality of work and professionalism from Keystone and from Mr. Hay. 
  • Nicholas said that the issue of getting rates sooner is on her list of things for the Finance Committee to consider.  The committee will be discussing it and also when to send letters to all professionals working for the Township to advise of their new rates. 
• Auditing Firm - France, Anderson, Basile & Company, P.C.
• Earned Income and Local Services Tax Collector - Mary Ann Kessler
• Assistant Collector - Anne Bennett-Morse
• Business Privilege Tax Collector - Sandi Rossi

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

• Public Safety - first Tuesday (of the month) - 8:00 AM - it was since changed to the THIRD Tuesday at 8:00 AM per the legal notice. - Howell is chairman
• Finance & Administration - second Wednesday - 5:00 PM - Nicholas is chairman
• Community Relations - second Monday - 5:00 PM - Miller is chairman
• Parks & Recreation - second Monday - 6:00 PM - Egolf is chairman
• Public Works - second Tuesday - 7:30 AM - Chuss is chairman

All meetings will be held at the Municipal Building.

The 2009 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 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.

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.)

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 & Greg Dorney

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 - Bryan Weis
• Deputy Fire Chief - Charles Chapman
• Zoning Enforcement Officer, Building Code Official - Tim Weis
• Flood Plain Permit Officer - Christopher Noll (and alternate Fred Hay) - Keystone Consulting Engineers
• Assistant Zoning Officers - Matt Miller & Loretta Fuehrer 
• Sewer Enforcement Officer - Chris Noll, primary with Fred Hay & Lisa Kern as alternates, Keystone Consulting Engineers
• Electrical Inspectors - Keystone Electrical Inspectors

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

The following appointments were made - all votes were 4:0:

• Vacancy Board - Henning Holmgaard - one year term - (incumbent and only applicant - no interview)
• Zoning Hearing Board - Louis Moyer - 5 year term - (incumbent and only applicant - no interview)
• Planning Commission - Larry Kirsten - 4 year term - (only applicant and familiar to all Supervisors because of frequent meeting attendance - no interview)
• Recreation Board - Carl Scerbo - 5 year term - (incumbent - only applicant with an on-time application submission - no interview)
  • Discussion ensued over this appointment because an additional application was received from Ty Corallo.  It was dated January 1st, after the December 29 advertised deadline.  According to Schnaedter, "it was dropped at the counter."
  • Chuss said that he knows both applicants and both are "really good individuals."  He would like the opportunity to review Mr. Corallo's application, although Carl Scerbo did meet the deadline and it "would be a legitimate concern."  Chuss suggested that the Board consider asking Mr. Scerbo if he had any objection to the Board reviewing both applications and making a decision at a later date.  If Mr. Scerbo has an issue with that, though, Chuss thought that the Board should support his concern and appoint him. 
  • Nicholas said that she was concerned that he (Corallo) did not meet the deadline but if Scerbo has no objection, the Supervisors could interview both candidates before the next BoS meeting.
  • Chuss made a motion to table this appointment and to have Schnaedter contact Mr. Scerbo and see if he has any issue with interviewing the other candidate (since Corallo's application was late) and depending upon Mr. Scerbo's response, a decision can be made. 
  • Nicholas seconded for discussion and asked if the interviews would be at a workshop before the next BoS meeting - to avoid further delay. 
  • Egolf said that he was very uncomfortable with this (motion) because the opening was advertised, money was paid for the ad, and a deadline was specified.  He said, "It would be nice to get additional people involved in the Recreation Board... but the plane took off."  He wondered, too, about any legal ramifications.  Kline noted that whatever process is used, it must be fair to everybody.  If the Board extends the deadline for Mr. Corallo, others may say that they would have submitted under the extended deadline.  Kline said that to be fair to all, either the 29th was the deadline and no additional applications should be accepted or the Board can re-advertise with an extended deadline so that everyone has an equal opportunity to apply.
  • Howell said that this motion puts the burden on Mr. Scerbo. 
  • The vote on the motion was 0:4.
  • Another motion was made to appoint Carl Scerbo to the five year term and it passed 4:0.

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

• Chairman Howell asked if the Board is getting new calendars   Schnaedter said, "Yes."
• Sandy Hanks (audience) asked about the status of the Meco/Sullivan traffic light and was told by Schnaedter that he was in contact with "Melissa" from PennDOT who has volunteered to host a meeting at PennDOT with the principal parties involved.  She sent an email with dates and Mr. Leiser and Schnaedter have responded.  Hay will contact her tomorrow.  They hope to have the meeting next week to resolve the issue.  

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 $7,382,099.

Standing Committee Reports:

• Public Safety - Supervisor Howell said that the first meeting (although not yet advertised) will be tomorrow to talk about the year.
• Public Works - Supervisor Chuss - no report
• Parks & Recreation - Supervisor Egolf - no report
• Community Relations - Supervisor Miller - absent
• Finance & Administration - Supervisor Nicholas - announced that the first meeting will be on Wednesday, January 14th at 5 PM.

Township Manager's Report - Schnaedter said that the winter edition of the Forks Quarterly was out in time and should have been received by residents.  He also said that he is waiting to hear from Congressman Dent's office regarding the status of 2009 grant appropriations.

Engineer's Report - Hay - No report.

Solicitor's Report - Kline - reported that "as expected" KMRD filed an appeal to the ZHB decision in the substantive challenge to the 2006 Zoning Ordinance.  The ZHB, "after many, many hearings," rejected all of KMRD's challenges.  The 31 page appeal was received last week and assigns about 50 different errors in conclusions of law.  Kline said that none of it is a surprise and that all of the issues were issues KMRD raised during the hearings. 

Kline said that he sent a copy of the appeal to the Supervisors.  There are 150 pages of exhibits (not included in the copy to the Supervisors but available to them if they want them.)  He affirmed the Township's intent to vigorously defend its position that the 2006 Zoning Ordinance is valid and should be upheld.

Howell asked how the appeal process works.  Kline said that basically, the record is closed and the court will now have the "opportunity and pleasure to read the transcripts of all the hearings" from 2006-2008 and, if the court believes that there should be more testimony, it can remand to the ZHB for more hearings.  He added that attorney Shay bent over backwards to let KMRD present all the testimony it wanted to present.

KMRD has filed its appeal and now the Township will file its answer to the appeal disputing the issues raised by KMRD.  Then both KMRD and the Township will submit briefs.  Next there is opportunity for oral argument before the judge.  It will be at least a month from now and Kline will notify the BoS when the anticipated date is to be. 

UNFINISHED BUSINESS

Conditional Use decision – The Brake Shops of Lehigh Valley, Inc. (Karl Kline, Solicitor) - Kline said that this is the written decision of the Board's unanimous conditional use approval.  It was approved and accepted for signature in a 4:0 vote.

Ordinance # 311 – EAJSA Regulations (Karl Kline, Solicitor) - Kline explained that the EAJSA (Easton Area Joint Sewer Authority) under the recommendation of the EPA and DEP, adopted regulations regarding industrial pre-treatment and for streamlining the entire process.  All member municipalities are required to ratify the EAJSA resolution either by ordinance or resolution.  Because the Township has approved EAJSA actions  by ordinance in the past, an ordinance was needed for this.  It has been properly advertised.  The vote to ratify was 4:0.

NEW BUSINESS

Lafayette College Contract - Goals, Roles, and Expectations Program (Rick Schnaedter, Township Manager) - Schnaedter said that he received the contract for the "Goals, Roles, and Expectations Program" from Lafayette College.  The contract contains the scope of the services and a provision that the Township will provide accurate information in discussion of goals as well as proof of liability insurance (from both the Township and Lafayette).  The seminar is scheduled for Saturday, January 24th at a cost of $65/hr with a not to exceed amount of $1,000.  Nicholas asked about the start time and Schnaedter said that it is up to the Board but it is recommended that it have an early start and end early afternoon.  Kline reviewed the contract and said that everything was fine.  The motion to sign was approved 4:0.

Executive Session - was held to discuss pending litigation and a real estate matter.  No action was taken during the session.  After it though, a 4:0 vote was made to approve authorizing the tentative settlement reached by the Township's insurer in the case of accident victim James Stitt against the Township and against police officer, Jeremy McClymont (who resigned in December 2007).  Mr. Stitt sued both the police officer and Forks Township and in order to proceed with the settlement, the insurer needs the authorization of the Board of Supervisors.  The terms of the settlement are not yet known.

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.