BoS Meeting Notes & Liquor License Public Hearing - 4/1/2010

Public Hearing - Inter-municipal Liquor License Transfer - 7:00 PM 

Solicitor Karl Kline explained that per PA law, receiving municipalities (of a transferring liquor license) must hold a public hearing.  This gives the Board of Supervisors and the public the opportunity to ask any questions.  During the regular meeting, the Board will vote on the application and the resulting decision, in the form of a resolution, will be sent to the PA Liquor Control Board.  The PA Liquor Control Board makes the ultimate determination on the transfer. 

The particular license that Mr. Timothy Belon is seeking to transfer, #E4075, is one for an "eating place retail dispenser."  He seeks to sell beer, both for consumption on the premises and "to go," at the AutoGrille, 1670 North Delaware Drive.  Supervisors must approve the transfer unless they determine that the use will have an adverse effect on the welfare, heath, peace, and morals of the municipality or its residents. 

Mr. Belon explained that he is seeking to expand his business and to satisfy those of his customers who travel back and forth from New Jersey.  They will now only have to make one stop for beer and cigarettes.  Cigarettes are cheaper in PA.

Kline asked if the license will be like the one Chubby's has.  Mr. Belon was not sure if it was the same type of license.  He said that the E-license allows the selling of beer and possibly wine coolers.   

Kline asked him to tell the Board about the AutoGrille.  Belon said that it is a convenience store and gas station and is open from 4:30 AM until 8 PM.  Howell asked what kind of food is sold there.  Belon said that he sells deli sandwiches like hoagies, cheesesteaks, chicken parmesan, etc. and some customers have requested breakfast.  Currently he has 10 seats but will expand to the 30 required by the license.  Customers cannot leave the premises (eg. to cross the street and look at the river) with an open container of beer.  It is a non-smoking establishment. 

Howell asked how much the license will cost and Belon said $43,000.  Howell reminded him that there are restrictions on advertising signs in the conservation district.  Kline said that any signs erected will be subject to the Township Zoning Ordinance.

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Regular Meeting - Agenda

At this meeting, Supervisors:

• Approved the inter-municipal liquor license transfer for the AutoGrille on North Delaware Drive.
• Learned that Weis Market is nearer to breaking ground on its new Forks grocery at the intersection of Uhler Road and Sullivan Trail.  They called today for a construction package. 
• Were told that the Township was awarded $21,000 in an arbitration hearing against a property owner who refused to make agreed upon curbing and sidewalk improvements to his Zucksville Road property.
• Surprised the president of the FTYSO with the news that the organization has a special occasion liquor license. 

Approval of Minutes

The vote to approve the minutes from the March 18 meeting took a little time as Supervisor Rogers took exception to several items and offered corrections and revisions.  Supervisor Chuss also had some changes and Supervisor Egolf had a correction.

Public Comments (non-agenda)

• Bonnie Nicholas - resident and former Supervisor - asked the Board about the legal notice in the newspaper for the Airport Authority to get bids for replacing the fuel farm and other items at Braden Air Park.  She wondered if plans have been approved.  Engineer Scott Muller said that no plans have been approved and that anyone can get bids at anytime for anything. 
• Dan Martyak - resident and FTYSO (Forks Township Youth Sports Association a.k.a. Forks Township Athletic Association - a.k.a. FTAA) president - thanked the parks department for getting "everything in terrific shape..." and he gave a brief report to the Board of the activities of the FTYSO (Forks Township Youth Sports Organization a.k.a. the Forks Athletic Association).  To date 783 Forks kids are signed up for spring sports - 85 for cheering, 253 for softball, 375 for baseball, and 70 for lacrosse.  The medical kits have been replenished at a cost of $700.  There are between 50 and 60 kits between softball and baseball and annually $1,000 is spent on them.  The scholarship application deadline is this week, they will be reviewed the week of April 12th, and the awards will be made at the May meeting.  Danish and coffee will be served.  The FTYSO awards up to $6,000 a year in scholarships.   

Howell asked if he will give a report at every BoS meeting or if he (Howell) should reserve questions for another part of the meeting.  Mr. Martyak said that he didn't know if someone would come to every meeting. 

Supervisors Comments

• Supervisor Howell said that the Board learned earlier this night that the FTAA owns a special occasion liquor license.  Martyak didn't know about it.  He thought it might have been from the 250th celebration.  The license is currently inactive and held in custody by the PA Liquor Control Board.  Solicitor Kline said it is license #SO7600.  Billings asked if it has any value?  Kline said that if it does, it is probably quite limited. 

Egolf noted that the Community Fire Company has one also.  Chief Chapman said that it is a special event license and that it is only available for 501(c)(3) organizations and can only be for a set period of time. 

Howell said that he has been reviewing the Recreation Board bylaws and the establishing ordinance so that he can pick out the best portions of the process.  He asked Martyak if he has had a chance to look at them.  When Martyak said that he hasn't seen the originals, Howell offered to forward copies to him and asked that he let him know if there is anything he wants to add or delete or if he has opinions to offer.  Howell said that he assumes other Supervisors are also reviewing the documents. 

Of the two Township budgeted subsidies for recreation, neither are shown in the FTAA 990 Federal return for 2008.  Martyak said that the FTYSO "does not get one penny from the Recreation Board."  They submit their budget to the Recreation Board.   It asks for funds from the Township and then purchases the budgeted items.  Thus, the Township funds the umpires, bats, ball, uniforms, etc. and since FTYSO gets no money it does not report it.  "It is all done by the Rec Board treasurer."  Martyak said, "You guys fund the sports program.  I don't report it as income."  Declared on the Federal 990 are the results of fundraising, dances, etc. 

Martyak offered to take it up with Finance Manager Farley.  Howell said that he will talk with Farley.  He would like a copy of the 2009 990 filing.  Martyak offered a sit-down to address other questions with the group's accountant and auditor. 

Egolf said that last year he and Supervisor Nicholas worked on the FTAA finances.  They met with Martyak, the FTAA treasurer, and the Recreation Board officers and came to very good conclusions about the distribution of funds - that is, where the money goes and how it is handled.  They made important inroads and got everyone together for good dialogues. 

Treasurer's Report - Egolf began by welcoming the 10 students from EAHS who were in attendance for course work.  He told them that the Township total outstanding debt is $11,429,844 and as they leave, they should make a donation... whatever they can afford... and drop it in the wagon in the lobby.  We would like to fill the wagon.  Of course, today is "April Fools Day." 

Egolf then detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote. 

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that the next meeting will be on Wednesday, April 14th at 7:15 PM in the Municipal Building meeting room. 
• Public Works - Supervisor Howell - reported that the April 8th Planning Commission agenda will include a presentation of the preliminary plan of the new Forks public works garage.  Members of the community are welcome to come.  It is the first step in the process to get final approvals. 
• Parks & Recreation - Supervisor Rogers - said that there had been no meeting since the last BoS meeting.  The next meeting is set for April 7th at 6 PM.  Howell asked Rogers if she had anything on the five year plan.  Rogers said that the Recreation Board will provide the plan at the April 7th meeting.  Howell asked if the Recreation Board has started its deliberations on the (establishing) ordinance.  Rogers said, "I believe so."  Howell asked if she would have a report on that at the meeting.
• Community Relations - Supervisor Chuss - said that there has been no meeting since the last BoS meeting.  The next is scheduled for April 5th at 4:30 in the Municipal Building.  He added that his art society second meeting will be on April 14th at 7 PM in the Community Center.  The group has picked up a few more people and has about twenty so far.  He said that it is growing and more may sign up in the near future.
• Finance & Administration - Supervisor Billings - said that the next meeting will be on Wednesday, April 14th at 6 PM.

Township Manager's Report - Schnaedter was absent.  Chuss filled in and reported that Schnaedter is still looking at alternative amphitheater bids and he should have information for the Board at the next meeting.  There are some issues regarding the storage of public works equipment which will be discussed by the next meeting.

Engineer's Report - Muller reported that he has been working with the DPW on two projects - the Indian Trail intersection milling and regrading and fixing some of the grading problems from Old Mill to Knox Avenue to Indian Trail to Apple Blossom. 

The engineer will be out resurveying the Sullivan Trail sanitary sewer line replacement at Meco.  They are also working on sanitary sewer specifications and details.  Currently the Township has none. 

Muller had nothing to report on the Meco/Sullivan signal.  He was at PennDOT today for a couple of things (one was Strausser) but they had nothing new on the signal.  Egolf said that the Township was paying a Benchmark bill today earmarked "Meco."

Billings, in reference to Braden Airpark, asked if it is customary for bids to be sought before projects are approved.  Muller said that bids give an idea of of what to look at in forecasting pricing.  The bids that they get are only good for 30 days.  Billings said that he just wants to make sure that they are not being presumptuous.  Muller said that the sanitary line is in the spec because the Township required it.  As far as he can tell, they are just getting prices. 

Billings asked Zoning Officer Weis what the status on the Weis Market and was told that they called today for a construction package.  "They are ready to start."  Weis said that if everything goes well, the permits will be issued within 30 days.  Kline offered that he and Weis Market have been going back and forth with minor changes to the land development improvement agreement.  A draft of the letter of credit from their bank has been received (by Kline) and a form of it has been approved.  He does not have a signed agreement and he does not have a letter of credit.  And, Weis Market still needs a final sign-off from PennDOT for the highway occupancy permit (HOP) for the improvements at Sullivan Trail and Uhler Road.  Weis Market needed rights-of-way from the Airport Authority, adjoining property to the north east, and from the Township.  The Township's was acquired some time ago at no cost (from other developers as they came into the area.) 

Ms. Nicholas asked if anything is being looked into for "sewer b?"  She said that her neighbors have asked her.  DPW Director Roberts replied that it will be worked on this year. 

Solicitor's Report - Kline - reported that the closing on the Panzini property at 708 Zucksville Road was last week and that the closing on the bond issue was held on March 23rd; the Township has all the proceeds from it.  Also, Kline reported on a small, two lot subdivision on the north side of Zucksville Road that contained promised improvements for curbing/sidewalks as a plan note - should the lot be built.  The lot was sold and the new owner did not do any of the work.  The Township tried to get them to voluntarily comply.  They didn't.  Kline said that Township then filed suit against the property owner.  It went to an arbitration hearing.  The $21,000 verdict was against the property owner.  Attorney Goudsouzian handled the case at arbitration.  Testifying for the Township were Mark Roberts, Tim Weis, and Fred Hay.  Weis said that all the work has been completed by the Township and now the Township needs restitution. 

UNFINISHED BUSINESS

None - Chuss told the students that this is the part where they are not supposed to leave.  His daughter and her classmates left. 

NEW BUSINESS

Liquor License – Timothy Belon – 1670 N. Delaware Dr. - Auto Grille (Karl Kline, Solicitor) - Kline explained that a public hearing was held at 7 PM for the inter-municipal transfer of license #E4075.  It is for an "eating place retail dispenser" and is sought for use at the AutoGrille on North Delaware Drive.  At the hearing, Mr. Belon presented his reasons for wanting the liquor license, the scheduled hours, and answered Supervisors' questions.  

Although the PA Liquor Control Board has the final say, the Board of Supervisors must make a recommendation.  The standard is whether or not the license will adversely impact the welfare, heath, peace, and morals of the municipality or its residents.

The motion to recommend was made by Billings and seconded by Egolf.  There was no discussion.  The motion passed 5:0.  

Kline will have a formal resolution for signature at the next meeting.  A copy will be sent to Mr. Belon.

Resolution # 100401-1 – Acceptance of Open Space in Penn’s Ridge PRD (Karl Kline, Solicitor) - Kline said that when the Penns Ridge PRD (Planned Residential Development) was approved there was discussion about open space and the extension of Kesslersville Road which included a recreation path (on its south side) to Bushkill Drive. 

Originally the thinking was that the users of the recreation path could cross Bushkill Drive and get on the iron bridge and then onto the Palmer recreation path.  There will be a convenience store on Bushkill at the Kesslersville intersection.  PennDOT, however, wants the crossing to the north.   Now the question is how to get people safely to the other side. 

Kline said, "There is a considerable amount of land there, all in the flood plain and all owned by the developer."  Penn's Ridge has offered a deed of dedication for lot 388 (over 3 acres) so that the Township can put in a path so that people can safely get to the iron bridge.  Kline recommends that the Board accept the deed of dedication.

Egolf made a motion to accept the resolution.  Billings seconded.  Howell asked Kline if the land gift was not in lieu of something else and Kline replied that it is free and clear fee simple.  The Township will own the land going forward.  Zoning Officer Weis offered that the development is currently in phase 14 (of the homes) and that the last phase is commercial. 

The resolution was accepted with a 5:0 vote.

Resolution # 100401-2 – Authorization of Warrantless Arrest in Certain Summary Cases (Karl Kline, Solicitor/Greg Dorney, Chief of Police) - Kline explained that under the PA Crimes Code, municipal police officers are allowed to make certain arrests without a warrant provided the municipality allows it and sets standards.  The resolution details the particular summary offenses that qualify - disorderly conduct, public drunkenness, obstructing highways and other public passages, and the purchase/consumption/transportation of alcoholic beverages.  The officer must determine the probability for potential harm to another person or to public/private property. 

Kline said that this "came to light" when Chief Dorney was going through paperwork involving National Accreditation.   And, although the Township has something like this in the police department standard operating procedures (approved by the Board), Chief Dorney thought it better to have a separate resolution.

Normally summary offenses get citations.  This is for things that continue when the officer arrives on the scene and where the officer must take physical action (hand cuffs) to stop it. 

Kline noted that the language in section one is almost verbatim from the PA Crimes Code.

Chief Dorney added that this resolution makes sure that Forks is in compliance with State law and is up-to-date with current language. 

Howell made a motion to accept the resolution and Egolf seconded.

The vote was 5:0 in favor of the resolution.

For more details, see Madeleine Mathias (Express Times.)

Second Strategic Plan (Meyner Center - Lafayette College) (Bob Egolf, Supervisor) - Egolf noted that this was the second strategic plan developed with the Meyner Center of Lafayette College.  The meeting was held on the evening of February 8th with the Board and the Township's management team. 

Before the Board tonight was the printed document enumerating management's 17 2010 goals.  They represent every aspect of the Township, every department, and administrative staff.  Egolf made a motion to officially adopt the Forks Township Strategic Plan - with a corrected copy by next meeting.  Billings seconded and the plan was adopted with a 5:0 vote. 

For more details, see Madeleine Mathias (Express Times.)

Extra - Chuss asked about the public works equipment in storage.  Weis said that he has negotiated a contract and he now has three contracts.  The space is only needed until the new public works building is completed.  Kline will review the new Baurkot agreement.  The Township got the space rent free the first year. 

Egolf made a motion that the Township enter into a yearly renewable rental agreement with Baurkot for $400/month.  It will be reviewed by Kline.  Billings seconded.  The vote was 5:0.

Executive Session - There was no Executive Session and the meeting was adjourned. 

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BoS Meeting Notes - 2/4/2010

Regular Meeting - Agenda

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

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

Public Comments (non-agenda)

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

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

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

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

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

Supervisors Comments 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $7,737,126.

Standing Committee Reports:

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

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

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

The motion passed 5:0.

Howell asked that all committees copy the Board with agendas.

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

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

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

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

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

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

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

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

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

This passed 5:0.

NEW BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Both motions passed 5:0

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

Howell made the motion to authorize.  Billings seconded. 

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

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

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

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

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

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

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

Executive Session - There was no Executive Session and the meeting was adjourned. 

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

BoS Meeting Notes - 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.

BoS Meeting Notes - 11/5/09

Regular Meeting (agenda)

This four and one half hour meeting was one of the longest in recent memory.

Supervisors voted 3:2 to disavow the lease signed by Don Miller (Community Center Manager/Supervisor) and the HOPE Wesleyan Church to use a large part of the Forks Community Center on Sunday mornings - for a full year.  Read Edward Sieger (Express Times) and Christopher Baxter (Morning Call) for more details on the long discussion.

Also on this night, Jim Farley, Finance Manager, informed the BoS that there is a small surplus in the 2009 budget and that according to the 2010 draft budget that they all had in their meeting packets, no tax increase will be needed in 2010!  Please read Christopher Baxter (Morning Call) for more on this good news.

And, both Supervisors elect, David Billings (a meeting regular) and Michele Rogers (a first timer) were there and both were extended courtesy invitations into the Executive Session.  Both accepted.

Public Comments (non-agenda) -

• Dan Martyak, President of the Forks Township Youth Sports Organization, informed the Board that the tax reporting issues from the last few years have been addressed and that I.R.S. penalties have been waived.
• Eric Konecke of Cosenza Court in College Park Estates told the Board that he was under the impression that the construction of ball fields on the five acre tract behind his house was "in motion."  He has since learned from Don Miller that there are only drafts/sketches for the site and that no formal plans have been done.  The plans, when done, will come before the Board for approval.  Mr. Konecke said that he was before the Board at the October 15th meeting and that the depth of the five acre tract is only 300 feet, not enough for setbacks and playing fields.  He asked that the Township notify him and his neighbors when the plans are to come before the Board.  Mr. Konecke pointed out that even neighbors whose properties are not adjacent to the park land have issue with the parking that the fields will attract.  He said that there will easily be 60 to 70 cars whose drivers will park them along their streets.  The recreation path will then be used to access the fields.  He said that the planned parking at the end of Sycamore will displace soccer fields.  He suggested that the 53 acre parcel at Newlins and Richmond and the Lafayette fields are more suitable for ball fields.
• Fritz Wiede, Forks resident, addressed the Board with his concerns regarding the building of the $3.5 million "equipment shed" that he read about in the newspapers.  He was speaking of the estimated $3.2 million DPW garage.  It was explained to him that no one is sure what the facility will cost as it has not yet gone out for bids.  The figure was used in conversations with the bond consultants.  At this time, the Township is planning to refinance its entire debt because the rates are very favorable.  Mr. Weide asked how many pieces of equipment will be stored in the building and was told by DPW Director Mark Roberts that there will be approximately 25.  Howell added that in addition to equipment storage the buildings will have space for the crew, for inside equipment repairs, and for vehicle washing.  Mr. Weide thought the DPW garage should come before Forks voters as a ballot referendum.  He was told that the condition of the current facilities was presented at a public meeting.  Mr. Weide thought that with two new Supervisors starting in January, that it would be "fiscally responsible" to bring up the building again.

Supervisors' Remarks: 

• Supervisor Miller said that there had been a good meeting with Lafayette College and Forks coaches the previous night.  They worked on areas where both teams could agree on practice times, etc.  Miller said that a week ago he called Don Miers, Wrestling Commissioner, to inform him that all wrestling matches would be in gym #1.
• Supervisor Chuss extended congratulations to the new Supervisors elect, David Billings and Michele Rogers.  He then said that he spoke with Mr. Konecke (see above Public Comments) regarding the new fields.  Parking is a significant issue.  He asked that the Board to look back at the proposed parking and access to the new fields.  Howell said that at this point, the Board has only approved the grading and the planting of grass.  Miller said that the parking plan for 90 cars off of Sycamore is the same parking plan that has been in place since the beginning (when the park plans were done) and that the area currently is 1/2 soccer field and 1/2 nothing.  It is not planted or graded and there are no plans for the five acre parcel yet.  Howell suggested that the plan be looked at again.  As to Mr. Weide's comments regarding the DPW garage, Chuss offered that the garage has been in discussion since the early 90s.  He said that planning started early this year with presentations of the current conditions and prices.  Chuss said that had Mr. Weide come to township meetings or read the minutes, he would have found this out.

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 $7,774,126. 

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

• Public Safety - Supervisor Howell - said that the next meeting is set for November 17 at 8 AM.  To be discussed are general issues of public safety.  He added that the Suburban EMS subscription drive is underway.
• Public Works - Supervisor Chuss - reported that there has been no meeting since the last BoS meeting.  He updated the BoS with the following:
  • The DPW garage initial plan draft and initial cost estimates from Kimmel and Bogrette are expected next Thursday.  They will be presented at the next BoS meeting.
  • Thirty one engineering firms have responded to the Township's RFQ.  The field has been narrowed (by the committee) to seven.  Interviews will be conducted next Monday (6:00 PM) and Tuesday (5:30 PM).  The BoS will conduct interviews of the final three as recommended by the committee.
  • The next meeting is Tuesday, November 10 at 7:30 AM.  The DPW garage will be on the agenda.
• Parks & Recreation - Supervisor Egolf - said that there has been no meeting since the last BoS meeting and the next is scheduled for Monday at 6 PM.  Because of the interviews being held by the Public Works Committee in the Municipal Building meeting room, the Parks & Recreations Committee will meet in the Supervisors conference room.
• Community Relations - Supervisor Miller - said that the next meeting will be on Monday, November 9 at 5 PM.
• Finance and Administration - Supervisor Nicholas - said that at the last meeting the committee worked on the budget and that there is no meeting in November because of the Veteran's Day.  The next meeting will be on December 9 at 5 PM.  She said that she will report what the agenda will be at the next BoS meeting (December 3).

Township Manager's Report - Schnaedter - announced that the Kiwanis annual tree lighting will be on Sunday December 6.  There will be beverages and the Easton Area Choir.  It will be an enjoyable event.  Those who attend are requested to bring non-perishable goods as donations for those less fortunate. 

Schnaedter also reminded the Board about the evaluation forms.  They are used to assess the operations and the performance of the department heads (and the Township Manager) for the past year.

Also, Schnaedter asked the members of the Board to let him know if they wanted to tour the Township property on Zucksville Road.  (The current tenant, Fire Chief Bryan Weis, will be vacating the house.)

Engineer's Report - Fred Hay - said that a written report was submitted to the Board.  He reported that the Meco/Sullivan plans for the pole relocation have been given to Verizon and the area is staked out.  As to the park tennis and basketball court rehabilitations, Hay said that there is only a final coating and the fence replacement left to do. 

The sewer rehab is winding down and one area needs to be repaired.  The work on Sullivan Trail has not been started.  The hazard mitigation work on Kesslersville has been slowed by PEMA and FEMA fighting over which form the Township is to complete. 

And, Hay met with Weis Market representatives last week to discuss the right-of-way issues with PennDOT.  Weis is anxious to start construction as soon as possible.  Apparently the Township owns some rights-of-way (dedicated by developers) that PennDOT wants turned over to them. 

Hay also said that Winchester Drive is finally paved. 

Nicholas asked if there will be signs at the basketball and tennis courts that prohibit skateboarding.  She said that she has received a few phone calls with complaints that "people were skateboarding on the new surface."  Roberts said that there will be signs posted as soon as the fence goes up.

Dean Turner (Planning Commission Chairman) asked if the roads will be paved after the sewer line work is done.  Hay said that the contractor is prevented from doing permanent pavement for one month after the temporary pavement is done.  This allows for settlement (of the earth) and for time to do video inspections.  Old Mill Road is scheduled to be paved shortly.

Solicitor's Report - Kline - said that he was at the Weis Market meeting.  Some technical issues with the right-of-way were discussed.  The Township just learned that it has owned a right-of-way for the last 50 years - that it didn't know it owned.  The paperwork to straighten things out will be provided to PennDOT as soon as possible. 

UNFINISHED BUSINESS

Hope Church Lehigh Valley – Community Center Rental Agreement (David Howell, Chairman) - Kline reviewed the situation and the legal issues involved.  He said that he became aware only last week of an arrangement made with the Hope Wesleyan Church to use a significant portion of the Forks Community Center "for religious services, meetings, and other church operations."  The contract was signed August 4, 2009.  For $700 a week for one year, the church is to use rooms "A, B, C, D, MP (multi-purpose room), and gym #1 (on Sundays from 7 AM to noon).  The contract is the standard form used to rent any single room in the Community Center - "for a limited purpose."  

Plans underway last week for the church's pastor to use a storage room as a permanent office - with the installation of a telephone line, a FAX line, and an Internet connection - have been withdrawn.  They were not included as part of the original agreement. 

The church website and its mailed flyers list the Forks Community Center as the church's address.

On November 1st, the first day of the contract, the church was using the entire Community Center except for gyms #2 and #3 and the fitness center.   The church website indicates other (youth group) events for other times including something at 2 PM (on a Sunday) and laser tag in the Community Park after dusk (on a Saturday from 7:30 to 10 PM).

Kline said that there are Constitutional issues involved and that the applicable law must be considered - not just whether it is thought to be okay or not okay.  Kline said that he thinks there are two Constitutional provisions that come into play:  the First Amendment of the U.S. Constitution and Article 1, Section 3 of the PA Constitution.  The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."   The PA Constitution states that "All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect or support any place of worship or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious establishments or modes of worship."

The Establishment Clause bans the government from "abandoning secular purposes in order to put a stamp of approval on one religion."  Government cannot favor any sect or religious organization.  The Establishment Clause mandates tolerance of all religions.  It is a balancing act. 

In 1971, a Supreme Court case established a three prong test:

1. Is there a bone fide secular purpose?
2. Will it neither enhance nor inhibit religion?
3. Is excessive entanglement (of religion and government) avoided? 

Kline said that all three must be answered affirmatively or the court will strike down the activity.

Kline offered that on Community Day, non-profits, including churches, were able to have booths, sell food, and even talk about their church services.  There currently is equal access for all churches to rent a room for bible (or koran) study or any other particular purpose.

According to Kline, in the case of the Hope Church lease there are problems with all three prongs of the Supreme Court test.  The use of a municipal building, parking lots and recreation fields for its place of worship advances one particular religion - especially given the magnitude of the lease agreement.  There is excessive entanglement (what if other faiths want equal space?).  Also, although not a Constitutional issue, the use places limitations of facilities use by local residents and on other Community Center programs such as wrestling. 

Kline's opinion is that this has gone over the line and does not meet the Constitutional standard.  He recommends that the Board adopt a motion that it will not continue to make the space available to the Hope Wesleyan Church because it does not meet the policy of separation of church and state as stated in the First Amendment of the U.S. Constitution. 

Egolf question the second test of the three prongs.  Kline said the scope of the activity appears that it (the lease) is advancing one religion.  Egolf said that he thought that test to be an "either/or" question and he asked what the case was and did Kline have a summary with him.  Kline said it was Lemon v Kurtzman and no, he did not have it with him.  It is a rule that the Supreme Court set up and has been used from then (1971) on. 

Nicholas apologized for not being at the special meeting and said that she read over the information and has had phone calls, spoken with others, and received email.  For her, the real issue is whether or not Miller, or any other Township employee, has the right to enter into this kind of agreement - an agreement of that length (a year) and magnitude (the amount of facility used).  She said that at the BoS meeting of September 17th, she asked the Board if the Community Center was supposed to be for the people of Forks Township first.  Egolf and Miller were not there but Chuss and Howell (and Nicholas) agreed that the Community Center is for the people of Forks first.  Nicholas said that this agreement prohibits the people of Forks from using their community center for a year and that no one has the right to authorize this.

Chuss said that he feels that this is a separation of church and state issue.  He agrees with the Solicitor (Kline), who spent much time researching the issue.  He said that it this is an unfortunate situation and that at the emergency meeting (October 29th) the Board was still receiving information regarding the terms and conditions of the lease and the situation.  Chuss said too, that he has no problem with the length of the lease but that there is "cause for concern" with the number of rooms and the dollar amount.  Allowing the church on Township property, in his opinion, is explicit support for a particular religion without giving others the option for equal access to the building - going to the exercise room or to rent gyms #2 and #3 for example.  He feels that this is "opening a Pandora's box."  Chuss said that the Township should void the agreement at this time. 

Nicholas said the issue is renting that amount of space in the Community Center for that long of a period of time - not who it is rented to.  She promised "wrestling" that they will have their matches in gym #1 and she intends to keep her word; the facility "is for Forks residents first."

Miller offered that the church is in gym #1 and that other rooms are for the nursery (with 8-10 little kids and no programs).  He said that church starts at 10 AM and is over at 11 AM and everyone is completely gone by 11:45.  He said that there are no guidelines that say he cannot sign contracts of this kind and that he didn't enter into a contract; he used the regular room reservation form.  Miller said too, that there is nothing going on in the Community Center from 10-11.  He said that in his 24 years on the Board, he has never gone against the Solicitor's recommendations.  In this case, however, he does not agree with him.  Miller said that there are churches in schools and other public buildings throughout the Lehigh Valley.  Church members come in at 7 AM in order to transform the gym into a church.  They bring their own chairs, lighting, and a PA system that "rivals the State Theater."  Their band plays church music.  They have no choir.  Miller comes in at 7 AM to open the Community Center for the church to set-up.  Regular hours on Sunday begin at 7:30 AM.

Egolf said that he would agree with Nicholas except he was not aware that any Forks Township group asked to use the room at that time and was denied.  Men's basketball is in the other two gyms at 8 AM.  In fact, he said that a lot of the facility is being used by residents and he doesn't see a problem unless unless a Forks group is denied. 

Nicholas said that she found out about the wrestling conflict on September 17th when she learned that the wrestling team was told they could not have gym #1 for their three matches.  She asked the Board if it should set a policy.  The Board said "no." 

Egolf said that in going through the Township policies, the Board will see that it needs a lot more policies.  A clear cut policy of who can sign what is needed.  Egolf said that gym #1 is to be used by the wrestling program and the church is moving to one of the other two gyms... and that problem is solved. 

Miller said that the wrestling matches start at 12:30 PM.  The novice program starts before that and the facility must be set up.  Floor covering is needed for both the wrestling use and the church use and he was trying to put both groups in gym #1. 

Howell said that he agrees with Chuss and Nicholas in principle.  This not the time to be negotiating a contract.  The main issue is whether there is a contract and whether there is a potential violation of church and state.  Howell said that Kline did not mention the authority to enter into binding contracts (although he did at the special meeting.)  Rules were never needed before because the rooms were rented on a daily basis.  Howell said that Schnaedter believes the contract should have another $20,000 in it.  There are rules for entering into contracts such as the fire and possible police protection with Stockertown.  Howell cannot see where an employee of the Township can negotiate a contract of this size and magnitude in July with the only inkling of it in September when the wrestling group thought there was a conflict.   

Howell said that he would disavow the contract on the basis that Miller had no authority to enter into it.  He also believes in the separation of church and state.  When a non-profit is accommodated, the Township must be prepared to accommodate other non-profits.  Howell mentioned "lease creep" as a possibility when dealing with a church - the holidays like Christmas and Good Friday are times when a church will want services.  Outreach programs and other special needs of the congregation are not covered in the agreement.  Lease creep is a natural thing.

Howell said that he was at every poll on election day.  The church was a hot topic.  Two devote catholic (Easton has lost two catholic churches) women asked him if the Township would accommodate them to have masses early in the morning for commuters.  What if a group of young Jewish citizens feel that they are religiously under-served in Forks Township and want worship time on Saturdays in the Community Center?

Rules and standards are needed.  Howell feels that Miller had no authority to enter into a contract with such huge social and legal implications, not to mention that it is a huge revenue matter.  He also agrees with Chuss that there is a potential conflict with the Establishment Clause and that Pandora's Box is being opened. 
 
The discussion continued for nearly another hour. 

Dean Turner, Chairman of the Planning Commission, said that discussion of the availability of the Community Center should also include the availability of parking.  He said that when the Shawnee School project was being discussed, parking was considered particularly when more than one activity was to be scheduled for the same time. 

Ron Asteak, Zoning Hearing Board, said that the Board should listen to the sound advice of the Township Solicitor.

Gretchen Gerstel, resident, said that she taught school for 31 years and used to read scripture and recite the flag salute.  Then the schools couldn't read scripture.  Then teachers had to hide religious emblems (if worn).  Then there were no Christmas carols.  She said that she agrees with separation of church and state.

James Wideman, resident, spoke in favor of disavowing the contract.  He felt that the Solicitor's opinion should be respected especially regarding church and state issues.  He said too, that Miller over-stepped his bounds regarding the size of the contract (it is over $10,000) and the parking.  The church requires 100% of the 100 parking spaces.  This restricts others. 

Sandra Hanks, Elected Auditor and resident, said that she agrees with the Solicitor.  She said too, that if the Township rents to this group and a right wing or left wing organization comes along and wants to rent space, the Township will be in a "heep of trouble."

Dan Martyak, President of the Forks Township Youth Sports Organization, said that the decision should be based on the Solicitor's legal opinion.  Guidelines for the use and availability of the facility are needed.  Compromises and short term accommodations can be reached by working with the Parks & Recreation Committee.  The park is heavily used in the spring and parking is an issue.

Chuss made a motion that the contract for rooms A, B, C, D, MP, and gym #1 at $700 per week was signed without authorization and therefore is not a valid contract.  Nicholas seconded. 

The vote was 3:2 with Miller and Egolf casting the dissenting votes.

Please read the very thorough newspaper accounts of this agenda item.  See:

• Edward Sieger (Express Times)
• Christopher Baxter (Morning Call)

Comprehensive Plan (Rick Schnaedter, Township Manager) - Kline explained that the latest Comprehensive Plan (draft) has been years in the making.  There were many meetings.  There were questions about language and substance.  It was re-drafted by a joint committee of the Planning Commission and the Supervisors.  There were questions about grammar. 

A draft was sent to the Lehigh Valley Planning Commission (LVPC) where it was reviewed and commented.  The LVPC comments were submitted to Dean Turner (PC Chairman).  The PC was the agency that started the process and as such is required to hold one public meeting.  It was held on July 9th.  The Comprehensive Plan was also sent to the local school district and to adjacent municipalities for comment.  None have been received. 

The Board of Supervisors is required to hold one public hearing.  If the Comprehensive Plan is revised, another public hearing will be necessary.  It can then be adopted by resolution. 

If the Board is satisfied - without any more changes to the plan - Kline can be directed to advertise the public meeting with a date in early December. 

Howell asked Turner if the LVPC comments are more benign than they have been in the past.  Turner thought that was the case.  The PC recommends that the Plan process proceed.

Egolf asked if the Township must address the recommendations of the LVPC in any way or if the Township could simply say "thanks but no thanks."  Kline said that the Township is indeed free to say "thanks but no thanks."  The recommendations are advisory.  They are from the experts on the LVPC staff who are more concerned that the Township's plan fits into their plan.

Chuss noted that he, Turner, and Billings attended the workshop on smart transportation yet none of that is in the plan. 

Egolf made the motion that the Comprehensive Plan be placed out for public review as stipulated by the MPC (Municipal Planning Code) and that it be available to the public at both the Municipal office and on the township website.  Nicholas seconded.

In discussion of the motion, Chuss remarked that there has been no opportunity for the Board to comment and to review the plan.  His biggest problems are the changes made by the joint (PC & BoS) committee.  He said that the committee met without agendas, plans, or schedules.  He is particularly bothered by two things:  (1) recommending increased density in the Town Center district and (2) schools in the Farmland Protection district.  Chuss asked that it go another month before holding the public hearing and that a joint meeting be held and the plan changes listed.

The vote on the motion was 4:1 with Chuss casting the nay vote.  He said that he wanted Charlie Schmehl (URDC) to review the plan changes. 

The public hearing is scheduled for Tuesday, December 1st at 7:00 PM.

CMX Amphitheater Proposal (Bonnie Nicholas, Supervisor) - Nicholas reported that the meeting with CMX, Modern Concrete and staff was very productive and that they were able to get the price for the amphitheater down to $312,000 (of which, $28,000 is contingency money).  Nicholas reminded everyone that the money is not taxpayer money but money set aside from the recreation fees paid by developers. 

In order to shave the costs, DPW Director Roberts offered the DPW crew for trenching and landscaping and Modern Concrete offered to use a product called "dry-it" (sic) for some of the relief areas of the structure's surface.  She said that this is not going to be just a bandshell, but a "very nice looking amphitheater."

Nicholas made a motion to move forward by having CMX go out for bids.  Howell seconded the motion for discussion purposes.

In discussion, Chuss said that he hates the phrase "not using taxpayer money."  He called it a shell game.  The price of $312,000 does not include the Township's cost of using the DPW budget.  Chuss said that the area will need a restroom ($$$) and other intangibles and the Township already paid the $49,900 design fee.  There will be "opportunity costs."  There is no plan (a reference to the Five-Year Recreation Plan that has not yet been presented to the Board) in place.  Chuss said that this project will use a significant amount of the money in the (recreation) fund.

Nicholas offered that in the Recreation Survey (done in 2006), residents voted for a bandshell as their number two choice.  It is passive recreation. 

Howell noted that Nicholas and the Parks & Recreation Committee have worked diligently on the amphitheater.  Miller said that there is a meeting of the Recreation Board coming up.

Egolf said that he is concerned with the hardship the project may put on the DPW department.  He would rather have outside contractors do the work.  To that, Schnaedter said that all aspects of the project will be in the bid package.  Nicholas offered that the Township's DPW department does not have to do the work. 

Howell remarked that since 1997 when he started following Forks Township, this is the first project that is for all citizens.  It will also get business and commerce more involved in the Township.

The vote on the motion to move forward was 4:1 with Chuss casting the dissenting vote.

Please read Edward Sieger (Express Times) for more details.

Riverview Recreation Center (Karl Kline, Solicitor) - Kline refreshed everyone's memory with a summary of the Riverview Recreation Center phasing proposal.  He said that there will be a cul de sac and two lots, one with the Recreation Center and one with no (as of yet, future) plans.  The developer wants to complete the portion of Ramblewood Drive that borders the lots and then dedicate it to the Township.  The Township holds the position that all the planned improvements must be complete before it will take the road.

Kline further explained that the Planning Commission (PC) recommended conditional approval.  The conditions include the recreation path spur and the need for a phasing language change to the plans.  Another issue came up after the PC meeting - a small section of sidewalk on the south side of Winchester Drive is not complete.  Kline recommended that the BoS add completion of the sidewalk as a condition to the PRD (planned residential development) phase 3 boundary.  There is a transformer directly in the path of the sidewalk and Kline suggested that the Township work with the developer to go around the obstruction.

When Chuss asked about adding escrow replacement as a condition, Kline explained that it is a separate issue and that the Letter or Credit for the improvements is in place.  He said too, that it is appropriate to accept conditions from the PC with the addition of including the remaining sidewalk.

Kline said that the homeowners want the path (spur) moved 150 feet to the east. 

Kline recommended that the Board approve the phasing with the conditions set forth by the PC and that the Board then do another motion for a field change to move the path to the east subject to Strausser, the homeowners, and the Township Engineer's agreement. 

Chuss made the first motion - to approve the phasing plan as approved by the PC and with the additional condition that the sidewalk be completed.  Nicholas seconded and it passed 5:0.

Chuss made the second motion - to allow Strausser Enterprises, the Riverview Homeowners Association, an the Township Engineer to move the spur to the east, keeping its same size and scope.  Miller seconded and the motion passed 5:0.

NEW BUSINESS

First Submission of Overall 2010 Budget - Rough Draft (Jim Farley, Finance Manager) - Farley reported that three work sessions were held in September and October and that there is no tax increase projected in the draft budget.  Instead there apparently is a modest surplus for 2009.  The draft has been presented to the Board for review and at the next meeting there will be a motion to tentatively approve it.  In December, after the budget has been publicly advertised, there will be a formal approval.  Farley said that this is one of the least painful budget processes he has experienced.  See Christopher Baxter (Morning Call) for more on the 2010 budget.

Executive Session - There was an Executive Session for a litigation matter.  The Supervisors-elect attended.  No action was taken 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.