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 - 4/2/2009

Regular Meeting (agenda)

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

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

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

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

Public Comments (non-agenda) 

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

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

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

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

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

Supervisor Remarks:

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

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

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

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

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

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

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

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

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

Engineer's Report - Hay - no report.

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

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

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

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

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

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

UNFINISHED BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

He narrowed the concerns to four:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Howell offered that "public parks are public parks."

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

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

NEW BUSINESS

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

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

NON-AGENDA ITEM

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

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

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

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

BoS Meeting Notes - 12/18/2008

Regular Meeting (agenda)

Forks Supervisors began this evening at 6:30 with a Conditional Use Hearing for The Brake Shop of the Lehigh Valley, Inc. (dba The Brake Shop & Auto Repair.)  See the New Business agenda item below for more. 

The 2009 10% tax increase and budget were approved, the reasons for Mr. Rob Leiser not signing on the PennDOTTED line were detailed, and a movement may be in motion for a Farmland Preservation ballot referendum. 

Please read Tony Nauroth (Express Times) for more on the 2009 budget.  (Note:  There is an error in Mr. Nauroth's article.  The 2009 millage rate is in fact increasing to 5.6 from 5.1.)  

The biggest news of the night though, was learning that Klein Farms has been accepted as a preserved farm by Northampton County!  Only three applications are accepted into the program each year and this year Klein Farms made the cut in the #2 position.

Public Comments (non-agenda)

• Rob Leiser - Leiser's Rental Barn - explained that he was not holding the Meco/Sullivan traffic light project hostage as was stated in a recent Morning Call article (see Christopher Baxter, December 11, 2008).  He said that in fact, he is the hostage.  He said that he was left out of the loop until mid-July when PennDOT "brought him in." 

Mr. Leiser said that the plan he has seen does not address his entrance (on Sullivan Trail).  Fred Hay (Township Engineer) said that spending money to prepare a plan when he (Leiser) has not agreed is fruitless.  Mr. Leiser maintains that someone should have known that PennDOT wanted his entrance moved. 

Mr. Leiser said, too, that if the driveways are created on his property, there must be easy access into and out of his business.  He said that one of his competitors in Wind Gap lost business and eventually went out of business during the roadwork on 115 in Wind Gap because the roadwork made it very difficult for customers to get to his business.

Solicitor Karl Kline noted that it is interesting that something (Leiser’s Sullivan Trail driveway) PennDOT approved 20 years ago is now not suitable.  Kline said that Leiser's Rental Barn did not move and that Meco Road did not move.  Mr. Leiser said that 20 years ago the land around his shop was open fields with two houses and that Meco Road did indeed move.  Hay said that he recommended to the Board that the Leiser driveways be part of the project.

Kline asked Leiser directly what he wants and Mr. Leiser answered that he wants:

• The entrance moved.
• The entrance approved by Planning Commission in 2002.
• Everything paid for because he does not have the money do it.
• At least the Meco Road entrance cut.

Mr. Leiser said that he knows that a light needs to be put there (Meco/Sullivan) but not at his cost.  He added that his project was held hostage (years before) when a Supervisor asked that he be removed from a meeting and when he received a letter from Kline detailing eight items discussed at a meeting with him (Leiser) that were never discussed.

Mr. Leiser said that he estimates the cost of moving his entrance to be $50,000 to $80,000 and he wants to be certain that all the cost will be covered by the Township.  Hay said that an estimate has not yet been prepared and he does not believe the cost to be that much.

Mr. Leiser said that the "whole point" is that the Supervisors should be talking to him.  Hay said that he came to him with a plan of what PennDOT allowed. 

Mr. Leiser concluded by stating that he wants to see some plans and that he needs to be "engaged with the plans, the ideas, and the promises."

Supervisor Remarks:

• Chairman Howell listed some "house keeping" items particularly that the BoS Re-organization meeting is scheduled for January 5th at 7:00 PM.  Howell said that the meeting schedules for all other boards/commission/committees will be set by the Supervisors at the re-org meeting.

The elected auditors will set the pay rates of Supervisors employed by the Township at their meeting on January 6th at 7 PM.

Howell said too, that the Supervisor's packets contain a flyer for the upcoming Lehigh Valley Planning Commission "Smart Transportation Workshop" (click on Commission Staff and then click on Workshop) scheduled for January 16th from 8:30-noon. 

Howell noted that he and Supervisor Egolf attended an open space workshop in Easton.  They were invited by the Two Rivers Council of Governments (TRCOG) and the Lehigh Valley League of Women Voters (LVLWV).  Howell said that presentations were made by six of Forks' neighboring townships that have successfully passed referenda and either used bond issues or EIT (earned income tax) increases to raise funds to purchase development rights and open space - in order to preserve farmland.  He said that he will approach the Board in 2009 to get a workshop together - with all Township boards - in order to start thinking about open space and helping Forks' farmers.

• Supervisor Nicholas said that she had a letter about the Palmer bikepath that is to go through Forks.  She is concerned whether Forks is to mark the road crossings or if Palmer is to do it.  She said that the crossings in Palmer are not well marked and she asked that the Township work with Palmer about how the path will be marked to insure safety in crossing Forks' roads.  She said that she will visit the crossings and send her findings/recommendations to Township Manager Schnaedter.  Kline offered that signage is being considered and that Palmer plans to begin the path construction in the spring.  Palmer needs signs indicating that vehicles must stop for pedestrians.  Forks recreation paths have such signs. 
• Supervisor Chuss said that the Planning Commission (draft) minutes (from its December 11th meeting) indicate that Dan Fazekas will not seek reappointment in 2010.  He asked that Schnaedter draft a letter of appreciation for his service.

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 $7,382,099.

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

• Public Safety - Supervisor Chuss - said that there had been no meeting since the last BoS meeting.  Fire Chief Bryan Weis updated the progress on the new emergency services training tower:
  • The construction is complete.
  • The interior concrete and the Padgenite lining are installed.
  • The garage door installation is scheduled for Monday.
  • A concrete apron will be installed in the spring. 
  • Conditioning burns are scheduled for this weekend.

Nicholas complimented Chief Weis for the photo morph of the tower construction on the Forksfire.com website.

Chuss extended thanks to the committee members and especially Police Chief Dorney, Fire Chief Weis, Schnaedter, and Suburban EMS for their hard work and accomplishments in 2008.

• Public Works - Supervisor Miller - said that the committee met last week and that the road crew has been very busy this fall.  There were three crews collecting leaves.  Leaf collection is done for this year.  The DPW is now cleaning catch basins, trimming trees, and repairing street lights.  The park restrooms have been cleaned and winterized and the playing fields have been shut down for the winter. 

DPW Director Mark Roberts said that in preparation for weekend snow plowing, 123 notices were placed on vehicles parked in the streets.  The tagged vehicles included trailers, boats, etc.  The notices state that the vehicles are to be removed from streets as soon as possible.  Nicholas asked if there are on-street parking restrictions for trailers and boats and Zoning Officer Weis said that there are none as long as the vehicles are licensed.  He added that there are parking restrictions for tractor trailers.

• Parks & Recreation - Supervisor Howell - said that the committee had its last meeting of the year and wrapped up some loose ends including:
  • The Community Park carousel is ordered and delivery is expected sometime before spring. 
  • The selection and purchase of fitness stations for the Community Park is in progress.
  • The Penn's Ridge's neighborhood park has been given priority.  The committee has been working with the Recreation Board and Miller on a 3/4 size basketball court and a tot lot. Recommendations will be made to the BoS early in 2009.
  • Miller and Roberts have finished their inspection of the basketball and tennis courts.  An estimate on resurfacing both will be presented to the BoS when it is completed - with a hope for an early 2009 approval.
  • Miller is preparing an estimate for an additional pavilion in the park.

Howell thanked Miller and Farley for all their work in 2008.  He noted that it is the first complete year that the new software (to track youth sports participation) has been used and it showed that the Community Center brought in a record $261,000 (year to date) in 2008.  The Township subsidy to the Recreation Board is low.

The committee accomplished the first major purchase of new play equipment and gym #1 users now have heat and air conditioning as do the users of gyms #2 and #3.

Howell said that all of this was done at no cost to the taxpayers.  Funds from the developer recreation impact fees were used and "spent wisely."  He extended thanks to Miller, Farley and Schnaedter.

• Community Relations - Supervisor Nicholas - said that there was no meeting since the last BoS meeting.  She thanked Schnaedter for all his work on the Forks Quarterly and said that Supervisor Miller will chair the committee next year.  He will be joined by Supervisor Chuss.
• Finance and Administration - Supervisor Egolf - reported that the committee met twice a month over the year.  At the last meeting, the managers' goals were reviewed and he was pleased with the work and that all goals were met.  Next year the committee plans a Saturday goal setting workshop with department managers and the BoS.

Egolf said that "tons and tons" of documents were organized, sorted, and shelved.  He thank Finance Manager Farley for that successful effort.  He thanked Schnaedter for the successful breakfast with Forks business leaders.  It was held in the meeting room and will lead to future discussions.  He said the year was very rewarding.

Township Manager's Report - Schnaedter thanked the Kiwanis organization for its annual sponsorship of the Township Christmas tree lighting.  He said that well over 100 people participated including the choir from EAHS.  He thanked Pitchfork Nursery and Karl Miller for the lobby decorations and he thanked Ed Kleppinger (Parks Department Crew Chief) for all his efforts.

Chuss thanked Schnaedter for all his work helping to coordinate the event.  Howell noted that it's the first one he's missed but that it is quite a sight to see the antique fire truck roaring down the road with Santa on board.

Schnaedter also welcomed Dr. Yuri Shevtziv to the Township.

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

Real Estate Tax Millage Change (Jim Farley, Finance Manager) - Farley explained that the budget process began in October with an analysis of expenses for the current year versus the end of the previous year.  Trends were considered.  Meetings were held with department managers to analyze costs and a proposed budget was developed for presentation to the BoS in November.  Tentative approval was granted by the BoS at its November 18 meeting. 

Farley said that the proposed budget was available to the public both on the Township website and at the front counter in the Municipal Building. 

The motion to approve the millage increase from 5.1 to 5.6 was approved with a 5:0 vote. 

2009 Budget - Final Approval (Jim Farley, Finance Manager) - The vote to approve the proposed budget was 5:0.  Egolf noted that this budget has gone through "major surgery" and was trimmed as much as it could be trimmed.  He said that there were quite a few meetings with department managers who were asked to justify their proposals.  Adjustments were made.  The final budget is "frugal and holds the line on everything."  In particular, capital requests are on indefinite hold. 

An audience member asked about the $70,000 in capital purchases (listed under Police Department expenses).  Farley explained that capital purchases are listed but are on hold until at least mid-year.  Some of them may be considered at that time if housing starts improve and revenues exceed the budgeted amounts.  

The carryover amount is needed to keep the Township running during the first quarter until tax payments begin to arrive.

NEW BUSINESS

Farmland Preservation (Erik Chuss, Supervisor) - Chuss said that he received a request from Layne and Beth Klein (Klein Farms) to preserve their 44 acre farm. 

Mr. Klein addressed the BoS and said that at this time his is the only dairy farm left in Forks Township.  He added that there are four grain farmers (a couple of them are part time), and a couple of vegetable farms.  He owns 51 acres, his mother has 30 acres, and he rents an additional 100 acres. 

At this time, Klein Farms, number two on the Northampton County Farmland Preservation list, has been accepted into the program.  Forks' other preserved farm, the Elsie Brown Farm, is adjacent to the Klein Farm. 

Mr. Klein said that part of the application process included an appraisal by the county at a cost of $1,000 (to be reimbursed) and a second, independent appraisal that cost him $3,200.  In both, the land is appraised as farmland and again as developable land.  The county pays farmers the difference between the two appraisals (as a farm and as developable land) using the average between the county appraisals and the independent one. 

Mr. Klein said that he wants a little more help.  Williams Township, for example, pays farmers (of preserved farms) the difference between the amount approved by the county and the amount of the independent appraisal. 

Preserved farms become deed restricted and can never be developed.  They must always be farmed.  Mr. Klein said that it is in the Township's interest to preserve farms.  He also wants to "preserve" his mother's farm. 

Klein Farms draws customers from the area and even from as far away as New York City.

Mr. Klein noted too, that Victaulic is "at the back door" and has approached him about buying his land.  He thought the best case would be that Forks do something like Williams Township has done (to help farmers.)  And, he reminded the Supervisors that they all ran on farmland preservation platforms. 

Howell said that he (Klein) was right, that there has been "a lot of talk and no action."  Lower Mount Bethel, Upper Mount Bethel, Bushkill, Lower Saucon, and Williams have all "joined the club."  Williams has money from Chrin as well as a fund for farmland preservation. 

Howell assured Mr. Klein that the BoS is intent on doing something and will begin the referendum process.  He asked Mr. Klein to write a letter to the Township Manager detailing what he would like to see happen. 

Klein noted that Northampton County has just celebrated preserving 10,000 acres of farmland and that Forks has only 100 acres preserved - or 1% of the total.  He said that Township help would be appreciated and that "farmland is worthless without the farmer - it has to be farmed." 

Nicholas asked (Solicitor) Kline what the process is for preparing a referendum for voting in 2009.  Kline suggested that if the BoS wants it to be successful that it should look at what other municipalities have done.  He said that in the case of Upper Saucon, both the Supervisors and an active citizen committee got the referendum on the ballot.  It missed being passed by only a few votes.  The process can take a year and probably would have passed in Upper Saucon had the economy not collapsed.  Convincing people that it is appropriate to raise taxes is difficult.  Kline said that he has information on the process and will make it available to the BoS.  Also, the conservancies have booklets for guidance.

Howell said that he and Egolf can arrange to have a forum like the one they attended on open space.  He said that it "takes an army with strategies to reverse the DNA for no more taxes."  Howell asked Mr. Klein if he would like to play a role and Mr. Klein said "yes."   

Chuss offered that he has been involved in the Township for 15 years (eight of them on the Planning Commission) and during that time farmland has been a hot issue in the Comprehensive Plan - yet nothing has been done.  He went on to say that "here we have a farmer stepping up and asking for help..."  Chuss said there's been enough talk.  He doesn't see the need for more committees and more discussions and would like the BoS to look at the Klein request in January.  And, he added that residential development puts a lot more burden on townships than businesses do.

Nicholas said that the Finance and Administration committee is going to be working on a three year plan.

Open Records Policy (Rick Schnaedter, Township Manager) - Schnaedter explained that this is a revised "right-to-know" policy.  He said that PSATS provided a sample ordinance and he filled in the blanks.  The copy cost will remain at $.25 per page.  Costs for copy orders of 100 pages or more can be collected in advance of copying.  The rules will be posted on the website and in the municipal building.  The ordinance designates Schnaedter as the Township Open Records Officer.  Egolf said that the typos should be fixed.  The vote to approve the open records policy was was 5:0.

Estate of Elsie Brown Preliminary/Final Major Subdivision Plan (Tim Weis, Zoning Officer) - Lou Ferrone, project engineer, explained that this is a simple lot line adjustment to add 1.5 acres to the Daub residence on Kline Road.  The septic system on the 1.5 acres serves the Daub residence and the land is exempt from the conservation easement.  The plan is to add the land to accommodate the septic easement. 

The plan was approved 5:0, with waivers (for plan scale) and based on Keystone Engineering's letter.

Ordinance No. 311 - Adoption of EASJSA resolutions (Karl Kline, Solicitor) - Kline said that the EAJSA (Easton Area Joint Sewer Authority) is required by the Environmental Protection Agency to adopt new streamlined rules.  The rules add a new section (150-62).  Ordinance No. 311 is an ordinance to ratify the ordinance/resolution.  Howell asked if Forks is the first (member municipality) to do this and Kline said that Forks is in fact, the last.  Kline said that it took a year to get a response to his request for a list and that response was that there is no list yet - that it is being prepared.  He remarked that it is a "good idea to know what we are enforcing so that we can all sleep better at night."

The vote to approve advertising the ordinance was 5:0.

Brake Shop of Lehigh Valley - Conditional Use (Karl Kline, Solicitor) - Kline summarized and said that Bradley Fleming, President of The Brake Shop of the Lehigh Valley, Inc. (dba the Brake Shop & Auto Repair) proposes leasing space in the former Baurkot beer distributor building on Sullivan Trail.  Kline said that car repairs, per the zoning ordinance, is a conditional use in the EC (Employment Center).  A conditional use means that the use is acceptable but is subject to further review.  The hearing was held at 6:30 PM.

The Board reviewed and voted 5:0 on the first eight requirements (to be met).  At requirement #9 (does the Township want it?), the vote was again 5:0 with the conditions cited by the Planning Commission (buffering of lights, cars under repair stored inside, and attention paid to the required needs of other future tenants) and Keystone Engineering's letter.

Comment from Georgeann Wambold, Planning Commission member - re. Kline Farm issue - Ms. Wambold said that she believed it imperative that the Township do something quickly.  She added that recently the Township gave quickly to others and that Farmland Preservation is important in the new (still in draft) Comprehensive Plan.  Ms. Wambold served on the 2008 Comprehensive Plan Farmland Preservation subcommittee.

Executive Session - There was an executive session to discuss a personnel issue.  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.