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 - 12/17/2009

Regular Meeting (agenda)

Four plus hours of meeting resulted in Supervisors voting 4:1 for the public works garage concept produced by Kimmel-Bogrette Architecture.  There was much discussion between the Board and residents who own properties near the intended site.  For more details, please read Sara Satullo's Express Times article.

On this night, Supervisors also approved a new fire truck purchase, a renewal of the fire coverage contract with Stockertown, and the 2010 budget.  There will be no tax increase for Forks property owners in 2010! 

Supervisors also learned that developer Gary Strausser has filed yet another lawsuit against the Township and, this time, also against Township Solicitor, Karl Kline, and Board Chairman, David Howell.  Strausser alleges that he has been deprived of his constitutional rights - because the Township is enforcing its cash escrow policy and filing deadlines.  See Michael Buck, Express Times, and Christopher Baxter, Morning Call for more.

It was also a night of retirements from the Board and from staff.  Supervisors Miller and Nicholas were presented with plaques and words of appreciation for their years of service to the Township.  Miller served on the Board for 24 years.  Nicholas served one term as a Supervisor and before that was on the Zoning Hearing Board (for one plus terms).  Township Engineer, Fred Hay/Keystone Engineering, said that Keystone worked for the Township for 13 years. 

Miller listed some of his accomplishments including the expansion of the park from 20 acres to over 50 acres, the creation of a park plan (by URDC) that has been followed in the development of the park, the recreation path, the log cabin, and the park arboretum.  The arboretum theme is "trees around the world."  Miller said that Forks has one of the nicest community parks in the Lehigh Valley.

Nicholas thanked everyone for "tolerating" her for the last six years.  She said that the Township has a really good group of employees and that she is leaving the Township in good hands.

Hay said that being associated with Forks Township for the past 13 years has been his (and Keystone's) privilege.

Public Comments (non-agenda) -

• David Hoff, former Forks Supervisor, addressed the Board and spoke to Don Miller's first election 24 years ago.  He congratulated Miller for serving for 24 years and said that Miller only got into politics because they (the Recreation Board and the Athletic Association) were convinced that they needed someone to watch out for recreation - and that he did.  Hoff said that Miller has served the community well and he thanked him on behalf of "the generations of children and adults yet to come" who will enjoy what he has done in the community.
• Ken Nagy, Forks resident, spoke first to what he referred to as "airport expansion."  He said that larger fuel tanks and a larger terminal constitute expansion.  Mr. Nagy said that this expansion deals with traffic at Braden and Queen City airports noting that it would be foolish for the Airport Authority to sink money into Braden without a some sort of return.  He said that the Airport Authority is really talking about expansion, including increased traffic and night operation.  Mr. Nagy said that the property the airport sits on, because of the coming Tatamy/Palmer Route 33 interchange, is going to be worth a heck of a lot of money.  He said that Allentown desperately wants the Queen City land for its tax base and that Braden will likely see some transfer of traffic.  He said that he "would like to see the community take the land back."

Mr. Nagy also addressed "open space" and asked the BoS to ask Solicitor Kline to write a letter to Northampton County Council saying that they have reneged on the open space contract and that Forks wants its 1/4 point back - so that it can be used for its own projects.  The monies paid for open space are now part of the County's general fund.  He said that he is aggravated by projects outside of the county receiving funding while County farms sit on the list.  Mr. Nagy said that he is disappointed that "you people" did not push harder for the open space committee to do something.  He suggested that BoS meeting nights be changed so that some of "you" can attend County meetings (held on the same nights).  He said that what is in the newspapers is not what goes on there at all. 

• Sandy Hanks, Forks resident, asked the Board if the Township has an ordinance that deals with weight limits on certain roads.  In particular, she said that she saw an open type tractor trailer (like a grain truck) turn onto Frost Hollow Road.  Chief Dorney said that Frost Hollow is a State road and that if she sees another truck on it of that size she should call Forks police.   He said that the department has two officers on day shift who are certified in truck weight limits.   Mark Roberts, DPW Director said that there were salt deliveries today and that the truck she saw was one of the delivery trucks. 

Mrs. Hanks also asked who is responsible for the care of sidewalks in Riverview Estates?  She said that there is a portion of sidewalk missing on Winchester Dr. and there is a utility box in the way.  She said people run there at night and someone recently fell.   She said that it is a safety issue and should be marked with yellow tape or a saw horse.  Howell said that Winchester belongs to the developer and has not yet been dedicated to the Township.  Township Engineer Fred Hay said that the completion of the sidewalk is on the punch list for Riverview Recreation Phase 1.  It is Strausser property and the improvements must be done by June 2010.  Hay added that most of the improvements on the punch list have been completed.

• Jeff Sargent (sic), of Northeast ITS told the Board that his company has submitted drawings and a letter to the Township.  They are laying 350-400 miles of fiber (cable) from Ohio through New Jersey.  He said that he was at this meeting as a "courtesy call."  He said that the letter contains contact information and a brief synopsis of the project.  Mr. Sargent said that although this is being done in state rights-of-way, they are contacting all the townships impacted.  He said that when they come through an area they place hangers on doors.  The hangers have 800 numbers and contact information.  This west to east line is now in Mercer County and it will cut through Forks near Bushkill Park Drive and then go east to Easton.  There will, at a minimum, be a meeting with PA One Call.  They notify all the utilities in the townships.  The majority of the line is installed by drilling - it is bored and the fiber is pulled through.  Cross-country lines have indicator posts installed but in towns, curbs are marked instead.
• Nancy Walters, Forks resident, urged Supervisors to pursue a more aggressive path for re-cycling.  She suggested that Forks consider, in addition to its existing curbside recycling, a recycling center.  She offered that Bethlehem's facility is nice and is on a relatively small piece of land.  It generates an income stream, part time jobs, and mentoring positions for young people.  She thought that the Frost Hollow property (where the current DPW garage is) might be a suitable site.  She also encouraged the Board to sponsor e-waste and hazardous waste programs. 

Mrs. Walters also said that she is involved with the Kiwanis Club.  She asked that, since
we are all aging" that recreation for adults become a focus. 

And, she told the Board that the YMCA daycare has created a safety hazard on Old Sullivan Trail.  Cars are parked on both sides of the street and parents - "fifty percent of the time on their cell phones" - come "sailing out of there" and cannot see.  Howell said that it is a problem and that two SUVs going in opposite directions on the street would probably hit mirrors.  He said that the Public Safety Committee is aware of the problem and will discuss the sight line further.

Howell also said that she will be contacted when discussions begin on the second life of the Frost Hollow public works site.

Supervisors' Remarks:

• Supervisor Nicholas said that she attended the Community Days committee meeting last week and learned that Susan and Harry Bennett, current joint chairs of the committee, are moving from Forks to Palmer Township.  The bylaws require residency - and happily the Bennetts have offered to help after they move.  Neal Fehnel has offered to vice chair the committee.  A chairperson is being sought.  Howell suggested that he and Township Manager Schnaedter use their association with the Forks Business and Commerce Association to "put some muscle on the project" - but citizen participation is needed as well.  Susan Bennett said that the Forks Township Community Days now has non-profit status and has applied for grants - some businesses, like Crayola, require a list of officers.  On that application she wrote "to be announced" for president, for vice president she wrote Neal Fehnel, for secretary, Dan Whiting (sic), and for treasurer there is no one.  At the moment, the committee has an impressive steering committee.  She said that the time to act is now since letters seeking funds go out in March.  Mrs. Bennett suggested that Nicholas become president of the group since she has been involved since its inception.  Howell expressed his appreciation of the work that the Bennetts have done every year. 

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 $7,739,994.

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

• Public Safety - Supervisor Howell - said that this was his last year as chairman of the committee.  Next year, Supervisor Egolf will be the chairman and the 2010 meeting times will be set at the Re-Org meeting on January 4th.  The main topic at this past week's meeting was the fire and vehicle rescue assistance agreement with the Borough of Stockertown.  It is on tonight's agenda.
• Public Works - Supervisor Chuss - reported that the committee met on December 8th and reviewed the DPW garage site plans, any concerns about it, and any potential cost savings.  Also under review was the Meadow Lane property issue.  Chuss said that this was his last meeting as chairman of the committee and that next year Howell will hold that position.  He said that this has been a good year and thanked everyone for their help and support. 
• Parks & Recreation - Supervisor Egolf - said that, with the help of Supervisor Nicholas, this was an extremely successful year.  Because the meeting time was changed to evening, the committee met almost every month with the Recreation Board and the Athletic Association.  Among the accomplishments in 2009 was the tot lot and basketball court a Penn's Ridge, replacement of the outdoor exercise equipment in the park, the park tennis and basketball courts were reconditioned, plans were begun for the amphitheater, the five acre parcel (behind the community center) was graded and seeded, and rest rooms were installed at Braden and Lafayette fields.  Egolf said that the committee had a very successful meeting last Monday.  Next year, Supervisor Rogers will be chair and assistant chair will be Supervisor Billings.  The Recreation Board priority list, part of its five year plan, has top priority.
• Community Relations - Supervisor Miller - said that the last meeting was cancelled and that in January, Chuss will chair the committee and Howell will be assistant chairman.
• Finance and Administration - Supervisor Nicholas - said that the committee met on December 9 and reviewed the monthly finances.  She said that they Township did rather well and is $700,000 "up."  Of that, $270,000 will go to the carryover accrual.  There should be $500,000 in total carryover for bills at the beginning of the year.  The committee also reviewed agenda procedures, community center rentals and rates, the police server, evaluation forms, a fire truck, the public works garage, goal setting, the police retirement plan, and wrestling building rentals.

Howell introduced the new Supervisors, Michele Rogers and David Billings.  Rogers will be chairing the Parks & Recreation Committee and Billings will head the Finance & Administration Committee. 

Township Manager's Report - Schnaedter - said that his written report was before the Board and unless the Board had questions, he had no additional comments.  Howell commented that Forks has never had such well written and organized manager's reports.

Engineer's Report - Fred Hay - agenda items only.

Solicitor's Report - Kline - said that Gary Strausser has filed another lawsuit against the Township and this time also against Township Solicitor Kline and Supervisor Chairman Howell claiming that his civil rights have been violated by the enforcement of the Township's cash escrow requirements and plan filing deadlines - the same rules that apply to all developers.  Kline said that Mr. Strausser has signed contracts agreeing to the cash escrow requirements and now he says that they deprive him of his constitutional rights.   Kline offered that the suit has no merit whatsoever and that it is an effort to intimidate and bully the Township.  "The Township has not and will not give in to such tactics," said Kline.  All developers must "abide the rules specified by State law."  

Kline also said that he heard from Alfero Construction's owner who wanted to know why their land development plan was rejected.  The Alfero plan was rejected by the BoS at its December 3rd meeting because there was no activity and the engineer's comments (and letter) were ignored.  If the Township does not act within a certain amount of time, a plan can be deemed approved.  And, the Board had to act in order to avoid a deemed approval.  The developer did not show up at the Planning Commission (PC) meeting so the PC recommended rejection.  The developer did not show up at the BoS meeting either.   Kline said that Alfero's engineer apparently did not advise him of the correspondence and meeting dates.  Alfero asked the Board's consideration and told Kline that he plans to appear before the Board at the January 4 meeting. 

Chuss questioned having a regular business meeting after the January 4th Re-Org meeting and was reminded that if one wasn't held then, it would have to be held on the first Thursday - January 7th - and that the BoS customarily has the regular meeting following the Re-Org meeting.

UNFINISHED BUSINESS

Final Adoption of 2010 Budget (Jim Farley, Finance Manager) - Howell remarked that the budget process was an arduous task led by (Finance Manager) Farley and Schnaedter, who kept the process on schedule, met with staff, met with the board, and complied with statute requirements. 

Farley said that the process began in October with (open to the public) work sessions with department heads.  It continued with the first draft submission and its posting on the Township website.  On November 19th the draft was tentatively adopted by the Board.  It was available for public view on both the website and at the Township office.

Revenues are projected at $7.483 million against (projected) expenses of $7.386 million.  The $96,000 surplus will be used to build the yearend carryover.  The purpose of the carryover is to fund the first few months of the year.  There is no revenue stream in the first few months of the year - until the tax bills are mailed out and payments are received. 

Farley said that the goal is to hold the line on expenses and look for the most frugal ways to do business while keeping services where they are now.  Egolf made the motion to accept the 2010 budget, Chuss seconded, and the vote was 5:0.  Howell noted that taxes are not being raised and it looks like the Township is in pretty good shape.

Bethlehem Army Reserve Center (Fred Hay, Township Engineer) - Hay explained that the engineer's letter from December 4th and the Army Reserve land development plan, to join two lots, were in the BoS packets. 

Zoning Officer Weis said that the lot line adjustment is part of the approval for the land development.  Chuss said that he thought the Board was to see a presentation of the project. 

A representative of the US Army Corps of Engineers was there to explain the plan and why the Army Reserve is leaving its Bethlehem facility for a new home in Forks - it is because of BRAC, Base Realignment And Closure.  The new site is composed of lots 15 & 16 in Fort James III - on the same side of Braden Boulevard as Weyerhaeuser and just north of it.  It will be home to a 39,000 square foot two story training facility - for 200 reservists, a maintenance facility for military equipment, and unheated storage. 

Chuss said that a presentation was given to the Planning Commission (PC) and that the PC recommended (to the Board) that the Board approve the plan.  However, the Board gives final approval and it likes to know what it is approving.  The same presentation would help.  Howell agreed and said that the Board at least deserves the same presentation.  Nicholas said that she's never had someone come in and say that this is what they want and give no presentation.  She added that the PC is an advisory board only.

Egolf said that he believes the developer (the Army Corps)  should follow the usual procedures and that the BoS should have a full presentation similar to, or the same as, the one given to the PC.  The meeting will be advertised and anyone in the community who wants to see the plans will be aware that the meeting is scheduled. 

Chuss asked if there will be any time implications.  Kline said that the BoS at the last meeting indicated that time was running out and asked the Army to give a time extension.  Zoning Officer Weis contacted Michael Baker, Jr. Inc. and got a letter dated 12/7 granting a 30 day time extension and asking that the agenda item be tabled until the meeting of 12/17.  Kline said that there may be a problem if this goes past January 11th (12/11 letter date confirmed by Weis) without another time extension.

Kline advised staff to be sure the item is on the January 4th BoS agenda and he told the Army representatives to be certain that someone be at that meeting to discuss the land development and the intended uses.  The Board must act on the plan and the lot consolidation at that meeting.

Egolf made a motion to postpone the Bethlehem Army Reserve Center Land Development to the January 4th meeting to review all plans and consider granting approval.  Miller seconded and the vote was 5:0.

NEW BUSINESS

01.  Public Works Facility Presentation / Approval – Kimmel Bogrette (Rick Schnaedter, Township Manager) - The two hour and 24 minute public works garage discussion was described by Sara Satullo in her Express Times article.  Please read it for an accurate summary.  FAC will try, at a later date, to post a short version of the discussion to augment the newspaper piece. 

Added 12/28/2009:  On December 28th, the Morning Call published Christopher Baxter's thorough article and companion summary piece on the cost of building green.

02.  Board Agenda Policy (Rick Schnaedter, Township Manager) - A single motion was made by Egolf to table agenda items 2, 3, and 7 until the January 17th BoS meeting.  The vote was 5:0.

03.  2010 Goal Setting Session (Rick Schnaedter, Township Manager) - A single motion was made by Egolf to table agenda items 2, 3, and 7 until the January 17th BoS meeting.  The vote was 5:0.

04. Fire Truck Purchase / PEMA Loan (Jim Farley, Finance Manager / Bryan Weis, Fire Chief) - Farley explained that the fire truck purchase is part of the Fire Department's 25 year plan.  The net cost of the truck is $544,753.  So far $106,824 has been accrued.  The fire capital purchase allowance for 2009 is $200,000 and in 2010 it is $100,000.  In addition, the Fire Company will apply for a PEMA loan of $100,000.  The remaining $38,000 will come from the Board's "discretionary fund."  Currently that fund has a balance of $561,000.

Fire Chief Bryan Weis explained that this is for an engine pumper truck to replace the 1983 one.  The new engine will meet all current safety standards, be more multi-functional, and have greater flexibility.  The next vehicle scheduled for replacement is in five years. 

Howell asked Kline if the Township must apply for the PEMA loan.  Kline said that PEMA takes the position that the Township must guarantee the payment of the debt, therefore the Township will have debt. 

Nicholas said that she was told at a Finance & Administration Committee meeting that the engine price would not exceed $500,000 and that no money would be coming from the discretionary fund.  Weis said that that was a four year old number and the EPA changes have upped the cost of vehicles.  Farley said that the figures he was working with at the committee meetings were from the 25 year plan which was created about seven years ago. 

Nicholas said that she thinks the 25 year plan should be updated.  Farley agreed and said that the plan was developed when the Township was experiencing significant growth and that is not the case now.

Howell offered that there is no question that the new fire truck is needed.  Nicholas made the motion to purchase, Chuss seconded, and the vote was 5:0.

05.  Police Server Replacement – EZ Micro (Jim Farley, Finance Manager) - Farley said that the police department server was installed in 2006.  It was an emergency installation at the time and it is now time to change it.  The replacement unit will put the department into a terminal/server environment.  It can stand alone or connect into a network.  The current server does not work with the laptops in the patrol cars. 

Approval tonight will mean placing the new server in service in January.

Nicholas made the motion to purchase the server at $8,360.  The vote was 5:0.

06.  Fire and Vehicle Rescue Assistance Agreement with the Borough of Stockertown (Bryan Weis, Fire Chief) - Howell said that Stockertown is asking for a definite term of five years so that it can budget for fire coverage. 

Chief Weis said that the relationship with Stockertown has been good and that the revenues earned exceed expenses.  He suggested adding a sentence to the terms for review and adjustment for economic conditions.  Nicholas agreed and said, "A five year contract locked in at a certain price is way too long."

Kline said that Stockertown wants assurance that the contract is firm for five years but if the Board says it is going to be periodically reviewed for costs, then the contract is totally "open ended" for the future.  The Board would consider using the CPI (Consumer Price Index) if Stockertown will agree to it.

Egolf suggested lowering the number of years.  Weis said that there is language in the agreement that either party can terminate it with 60 days notice.

Nicholas said that the current contract is year to year and if Forks notifies Stockertown by a prescribed deadline of what the new rate will be so that they can budget, it can stay year to year. 

Chuss made a motion for a three year contract extension.  Egolf seconded and the motion passed 5:0. 

07.  Comprehensive Plan (tabled previous meeting) (Dean Turner, Planning Commission) - A single motion was made by Egolf to table agenda items 2, 3, and 7 until the January 17th BoS meeting.  The vote was 5:0.

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 - 7/16/09

Regular Meeting (agenda)

On this night, Forks Supervisors considered plans for an amphitheater, providing police protection to Stockertown, two Eagle Scout projects for Bushkill Creek, and learned that the new developer of the Crayola solar array is a subsidiary of UGI and PPL.  Supervisor Miller was absent. 

Please read Christopher Baxter (Morning Call) and Tony Nauroth (Express Times) for more on the new amphitheater proposal.

Please note that detailed notes of the meetings are being replaced for the summer vacation season with more general notes highlighting only the most important issues discussed and actions taken.  In some instances, guest note writers are providing the text.

Public Comments (non-agenda) - None

Supervisors' Remarks:

• Supervisor Chuss - reported on the Two River Council Of Governments’ recent meeting. The matters commented upon dealt with the September deadline to appoint a municipal (Forks) tax representative and an alternate to a regional EIT council on the consolidated tax collection process.
• Supervisor Nicholas - noted that she attended the Relay For Life at Metzgar Field and that Forks police officer Craig Marshall had once again donated his time to this annual event.  She said that he should be commended for this and noted if he did not donate his time, the event would have to hire an officer to be there.
• Supervisor Nicholas - introduced Boy Scouts Mark Sweeney, Troop 87, and Nicholas Carpinelli, Troop 29, both candidates for Eagle Scout designations. The scouts have separate projects that involve construction along the Bushkill Creek to aid fishing and other enhancements along the creek bank and parking area along Bushkill Dr.  They will work with Zoning Officer Tim Weis and Public Works Director Mark Roberts on their projects. Supervisor Howell pointed out that the Bushkill Conservancy has strict regulations concerning vegetation removal and installation along the creek and as well as restrictions on flood plain construction of trails and small creek side structures such as stairs and platforms. The Scouts must have their plans approved by the Bushkill Conservancy before starting work.

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 4:0 vote.  The Township's current outstanding debt is $8,204,038. 

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 scheduled for 7/21/09 at 8:00 AM.  Chief Dorney, FTPD, said that Stockertown has requested preliminary discussions with regard to contracting Forks police services for the Borough. That request will be considered at the upcoming (public) committee meeting.    
• Public Works - Supervisor Chuss - reported that the 7/14/09 meeting was canceled and that the next meeting is 8/11/09 at 7:30 AM.  Public Works Director Roberts reported that many bids from architects/engineers along with statements of qualifications have been received for the future construction of the new public works garage.
• Parks & Recreation - Supervisor Egolf - reported that the new Penn’s Ridge play lot has been installed and is being actively used by residents.  Bids for the construction of the basketball court will be considered later on the agenda.  The next meeting of the committee is 8/10/09 at 6 PM.
• Community Relations - Supervisor Miller - was not present and no report was available.  The next meeting is 8/10/09 at 5:00 PM.
• Finance and Administration - Supervisor Nicholas - reported that the next meeting is 8/12/09 at 5:00 PM.

Township Manager's Report - Schnaedter - absent.  No report.

Engineer's Report - Hay -  reported that the sewer line rehabilitation is ongoing and that there were six bidders for the tennis and basketball courts at the pre-bid meeting. 

Hay also advised the Board that PennDOT met with a landowner on Meco Road (northeast corner) about the proposed stop line location.  PennDOT will permit the property owner to construct a drive into their property from Sullivan Trail.

Egolf asked about the grading for the five acres behind the Community Center and Hay noted that seven bids were received today with the lowest at $24,900.

Solicitor's Report - Kline - reported that Crayola has submitted revised plans for its solar panel land development.  The new plans are basically the same as the original plans except that the small building that was to go on the concrete pad is no longer included.  Kline said that there is no need for this to go back before the PC and that as soon as the developer's agreement is signed, Crayola can begin the project.  The new developer is a subsidiary of UGI and PPL.

UNFINISHED BUSINESS

None

NEW BUSINESS

CMX Presentation (Bonnie Nicholas, Supervisor) - Timothy Edinger, CMX’s project manager, presented a proposal to the Board for design and engineering services that the company will provide to the township for the construction of a municipal amphitheater.  CMX is the company that designed the other municipal complex buildings. 

In addition to providing a design example of the structure, Mr. Edinger highlighted the steps that will take place such as: developing the final concept and design plans, preparation of all documents for the bidding process, structural and electrical designs, site grading and storm water plans with landscaping, and assistance with Planning Commission documentation toward the approval of the plan. 

CMX will work as directed by the township to develop the right design concept.  The Board, in comments and questions, preferred that CMX work with the Parks and Recreation Committee as it has scheduled public meetings which allow supervisors and the public to join in the discussions.

CMX estimated that if the process were to start shortly, all construction could be completed this year and the grounds around the site ready for use by late spring 2010.  Based upon the proposal, CMX will furnish these services for $49,900.00.  Supervisor Nicholas presented a motion to accept the proposal and upon the second of Supervisor Egolf, the motion was approved 4-0. 

Note:  The Parks & Recreation Committee meets on the second Monday of the month at 6:00 PM.

Adoption of a Premium only plan (Jim Farley, Finance Manager) - This item was tabled pending a review of additional information. 

Comprehensive Plan Update (Dean Turner, Planning Commission Chairman) - Planning Commission (PC) Chairman Dean Turner and Vice Chairman Vito Tamborrino addressed the Board regarding the status of the now final draft of the Comprehensive Plan.  Turner said that the expected printed copies of the plan for distribution to the the Lehigh Valley Planning Commission (LVPC), contiguous municipalities, and the Easton Area School District (EASD) have not yet been received from URDC's Charlie Schmehl.  Schmehl was also to provide the plan on disks for Supervisors' review.  The disks have not been received either.  All versions of the plans were due on July 6th, then on July 10th, and again on July 15th.  Chairman Howell will call URDC to attempt to expedite the process.

The soonest the BoS can act on the next step in the Comprehensive Plan process is at its August 6th meeting.  Supervisors will vote at that time on whether to request the PC to have yet another public meeting on the plan before sending it to the LVPC, contiguous municipalities, and the EASD for their respective reviews and comments, or to send it for review without yet another PC public meeting.  The last PC public meeting on the topic was July 9th.  It was an agenda item at the regular PC meeting. 

Chuss objected to sending the Comprehensive Plan final draft to the LVPC, the EASD, etc. without it on the agenda of yet another public meeting of the PC.  When asked by Turner what Chuss thought the PC did wrong, Chuss gave him a ten minute laundry list of his ideas about the ad hoc committee and the process.  Chuss' focal point was the moving of an advertised ad hoc meeting from the main meeting room to the Supervisors' room.  Tamborrino and Howell explained that there was a scheduling conflict for that evening and that the meeting room was occupied.  Signage was placed in the hall directing the public to the new meeting location.  (At least two members of the public found their way to that meeting without any difficulty - this writer was one of them.) Chuss could not be convinced.

Egolf made a motion to table this agenda item until August 6th when the BoS will decide whether to request another PC public meeting or to send the Comprehensive Plan to the LVPC, the EASD, and contiguous municipalities.  Nicholas seconded and the vote was 4:0.

Rt. 33 Interchange @ Tatamy Road (Erik Chuss, Supervisor) - Chuss suggested adding a line to the letter that was authorized at the July 2nd meeting.  Howell explained that the letter has already been sent and that it acknowledged all the municipalities likely to be impacted by the Chrin Route 33 interchange in Palmer.  Howell said that there will be an interchange status meeting in September.

Penn’s Ridge Basketball Court Bid Award (Fred Hay, Township Engineer) - Hay reported that five bids were opened on July 2, 2009.  Hay said that the construction will be the same as if for a full sized basketball court; it will just be smaller.  Kline reviewed the low bid of $49,600 from Hale Built (of Forks Township) and reported that the bid documents met all the criteria and were in order.  A motion to accept this bid was made by Egolf with a second by  Nicholas. 

Upon discussion, Chuss reiterated his original position that he does not support the construction of the basketball court at this location and that it will bring traffic, noise, and be a nuisance.  Chuss said, "I think this is a mistake."  [Also see Tony Nauroth (Express Times 3/8/09) for more of the original discussion.]

Nicholas said that the "little park" is constantly being used and that the Recreation Board and Athletic Association have suggested adding a sand volley ball court to the Penn's Ridge park (as well as to other parks).  Nicholas offered that the majority shouldn't be punished for the actions of a few.  Chuss added that he is in favor of basketball courts, "just not there."

The vote to accept Hale Built's bid was 3:1 with Chuss casting the nay vote.

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

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

BoS Meeting Notes - 4/16/2009

Regular Meeting (agenda)

Public Comments (non-agenda)  -

Fernando Cabrera of Cara Court, who appeared at the 4/2/09 BoS meeting to request that the Township create an ordinance regarding abandoned vehicles (and vehicles in disrepair) on private property, said that he brought some examples of PA regulations (for the Board) that he thought might be used verbatim.  He said that he looked ordinances in Northampton and Bucks Counties, among others.  Mr. Cabrera also asked the Board about his request at the last meeting for east/west stop signs on Meco Road at the Thomas/Jamie intersection.  Howell said that it, as well as two other stop sign requests, will be discussed at the next Public Safety Committee meeting (April 21st at 8 AM).

Supervisor Comments

• Supervisor Howell - said that the Township has been contacted by Megan McBride of the Easton Main Street Initiative and Manager of the Easton Farmers' Market to ask if Forks is interested in participating in the Farmers' Market Trolley.  It will be circulating transportation for Forks residents who are interested in going to the Easton Farmers' Market during the season (all summer and into the fall) and is being underwritten by a grant.  Easton Coach Company is providing the trolley.  Ms. McBride has asked to use the Municipal parking lot as a staging area and has already introduced the program to most of the homeowners' associations.  Howell said that there has been overwhelming interest at the over 55 communities.  It will mean free transportation downtown and will run every half hour or so.  Township Manager Schnaedter said that he spoke with Ms. McBride late this afternoon and she intends to begin the trolley program on June 6th - in time for the Strawberry Festival.  Supervisor Nicholas asked that an announcement be put on the Township website when the details are ready.

(Note-update:  An Express Times April 28, 2009 article reports that the trolley rides will cost $1 round trip.)

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

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 will be on the third Tuesday (April 21st) at 8 AM.  He said that he has spoken with Barry Albertson of Suburban EMS regarding the recent Express Times article about the Faith Lutheran Church purchase of the former Forks EMS building.  All of the Forks EMS outstanding balances to the Township have been paid.  Negotiations are pending regarding Suburban's rental of the building (from the church).  Howell said that the location has always been an EMS location and is centrally located to serve the Township.  The lease will be for one year and will be automatically renewable.  Faith Lutheran has future plans for the building and does not want to be tied down in excess of a year nor does Suburban as it wants to find a permanent location of its own in the Township.  Mr. Albertson will attend the Public Safety meeting.
  • Police Chief Dorney announced that the department received (today) six new audio/video units for the police cars.  Two have already been installed.  Their value totals $48,000 and they were provided from a Federal grant - and the "hard work of Congressman Dent's office."  Both Nicholas and Howell congratulated Chief Dorney.
• Public Works - Supervisor Chuss - reported that the committee met on Tuesday and "covered a lot of ground."  There are four 5-year plans in development - parks/recreation, facilities, sewer, and road maintenance.  The committee also discussed:
  • The "Dewalt upgrade" (the five acre tract behind the Community Center).  It was discussed (by the committee) because of a comment to the previously distributed versions of the plans. 
  • The five year plan presentations will be done by DPW Director Mark Roberts at a 6:30 workshop before the May 21st BoS meeting.  It will take 45 minutes.  The plans should be in the hands of the Supervisors by their next meeting.  
  • The proposed public works building was discussed as well.  Roberts said that currently the Township is using five different locations across the Township for vehicle storage.  The current garage on Frost Hollow has environmental, storage, and safety issues.  Roberts said that at his old job (in New Britain Township), there is now a new garage with 16 bays.  "It is a very good working facility."  Roberts was able to obtain copies of those plans.  Chuss added that the committee will further discuss financing for the public works garage at its May meeting (May 12 at 7:30 AM).  Schnaedter said that the committee has looked at two other public works facilities and has taken the "positives" from them, made modifications and now has something they feel is feasible and "certainly financially reasonable."
  • Permissions are needed for the Lieb Road connection.  Nicholas said that she thought there were major drainage issues there.  Roberts noted that that is what they are addressing and that an easement will be needed to Bushkill Drive.
  • The Sullivan/Newlins culvert "doesn't look like it will happen this year."  A design as well as easements from Lafayette College are needed.
  • The curbing on Meadow Lane (ref. BoS Meeting note - 3/19/09) will be expensive to replace, is the responsibility of the landowner, and at this time is still being investigated.

Jim Wideman (resident and write-in candidate for Supervisor) asked if the five year plans will be on the Township website for the public to see.  Chuss said he didn't know but that the plans are available for public review.  Howell said that the Community Relations Committee is responsible for the website and they will discuss it.  The website upgrade has just started.

• Parks & Recreation - Supervisor Egolf - said that at the Monday meeting, every outdoor sport commissioner appeared "to talk about our need for fields."  He said that the Township is experiencing "gratification with our kids" and that the Township has a fantastic athletic program for both indoor and outdoor sports.  Egolf extended thanks to all the teams, coaches, commissioners, and Don Miller for keeping the sports programs going.  He said, too, that "Mark Roberts and his crew" do a great job cooperating with all the commissioners and keeping the fields in shape. 
  • Nicholas spoke to the Community Park amphitheater project.  She said that the committee looked at a prefab amphitheater in Catasauqua and also one done by the Municipal Complex architect in 2007.  She said that one of the concerns was that a wooden structure would not match the other buildings in the complex.  She called CMX, and asked architect Jerry DeFelice to do a simplified plan - as opposed to the elaborate sketches they originally produced. 
  • Nicholas asked the Board to agree to her meeting with the architect at 4 PM on Wednesday.  She then asked Kline if they had to go out for bids to have plans drawn.   Kline said that bids are not necessary for professional services.  Nicholas said that because it is not an advertised public meeting, only one other Supervisor can be present. 
  • She is planning to work with the architect to develop a simplified plan for a structure with good sound quality that will use brick and be less expensive.  She did speak with Catasauqua officials about what is good and bad about their bandshell.  Miller and Schnaedter will be attend the meeting.  Howell offered that he is available should Miller not be able to attend.
• Community Relations - Supervisor Miller - reported that the committee's topic was the quarterly newsletter.  The first draft has been given to the Supervisors and Miller asked that they get back to Schnaedter with their comments.  Howell said that he finds the full page ad by Easton Hospital to be significant.  He is glad they are back (with an ad).
• Finance and Administration - Supervisor Nicholas - said that the committee met on April 8th and the budget for March is on track.  She said that Finance Manager Farley put a three year revenue plan together and it will be discussed at the committee's May (13th at 5 PM) meeting.  She asked that Supervisors email comments to her (and/or attend the May meeting).  Nicholas said that it will help with the upcoming 2010 budget.  Other topics covered include:
  • The archiving of documents - It is still in progress.  Farley has finished going through the boxes stored in the Community Center and is now tackling the boxes stored in the Municipal Building.  Farley will contact the EASD (Easton Area School District) to get their plans for the tax boxes it has stored there as there is no space for them.
  • Going paperless - The committee will discuss Chuss' issues (about access from other than Township owned computers) with the IT consultant.  They talked about emailing his packet to him if he is out of town.  Chuss offered that if they need help with this, this is what he does for a living and if he doesn't know the answer, there are dozens of people he can call on his cell phone, who will know.
  • The committee discussed a cost saving program but it must be discussed further because of Federal regulations regarding the use of taxpayer money for employee incentive programs.
  • The Waste Management trash collection contract will require an increase to residents' rates.  Nicholas asked to schedule a public workshop/meeting on July 16th to explain the rate increase.  She said that the committee would like to include a notice (of the meeting) with the June utility billing.  Nicholas said that the constant rate over the current five year contract was calculated from an average of the five year rates and that the increase in population was not considered (in the figures).  The committee will bring it to the BoS in May when the figures are known.   The workshop/meeting date will be confirmed at a May BoS meeting after the figures have been presented to the Supervisors and will be posted on the Township website.
  • The Stockertown fire protection contract for the Forks Fire Department was discussed.  It is due to expire in April 2010 and the committee does not want to "blind side" Stockertown. If the rate is going to increase, she would like to let Stockertown know so that it can include the new amount in its budget.  The committee will discuss the call volume at its May 13th meeting.  It will be an agenda item.  They will use Fire Chief Bryan Weis' detailed fire call report - making the new rate determination based on facts and not just on a guess.  Nicholas said that it will take a while to figure this out and added that she doesn't think that Forks residents should be paying for Stockertown's fire calls.  She thinks Stockertown should pay for its own fire calls.  Nicholas also said that she would like to invite the Public Safety Committee and the Borough of Stockertown to a meeting as well. 

Sandy Hanks (resident and candidate for Elected Auditor) asked about the increased number of residents and the refuse billing.  She wondered why their payments do not cover the difference.  Farley said that the new contract is not yet in place but that Waste Management has offered to keep the current rate for one additional year.  The current contract was for five years with different rates (per resident) for each year.  The rate charged to residents was an average of the five years.  The renewal will be at the fifth year rate - higher than the average that residents are paying now.  In the first two years of the current contract, the Township collected more than it had to pay, in the third year it was the same, and in the last two years it was short - but in the end, ideally (given no increase in residents) it would all work out.  The new residents are paying the year three rate - less than what is being paid by the Township to Waste Management on their behalf.

Township Manager's Report - Schnaedter - verified that he has received only one application for the Planning Commission (PC) opening.  The interview has been set for 7 PM on May 7th (in a workshop) prior to the 7:30 PM BoS meeting.  The (PC) appointment will be an agenda item at the meeting.

Engineer's Report - Hay - not present

Solicitor's Report - Kline - reported that last September the BoS granted conditional approval for Crayola's 15 acre solar panel land development.  Crayola was in a great rush to get the project done by the end of the year (2008 - to take advantage of Federal energy tax credits.)  Since then the credits were extended and Fotowatio (USA) has "fallen off the face of the earth... apparently they lost their power..."  Someone contacted Klein on behalf of Crayola and they will be working with a new company to "resurrect their plan."

UNFINISHED BUSINESS

Ordinance 312 – Vacation of portion of Glover Road (Karl Kline, Solicitor) - Kline explained that as a result of the plan for Fort James 3, Glover Road was realigned to intersect with the new Braden Boulevard and a portion of Glover Road - a Township road - is no longer needed.  Ordinance 312 vacates that no- longer-needed portion and gives the land to the adjacent property owners (to the middle of the former road bed) - John and Donald Ackerman get half and JG Petrucci gets half.  The ordinance passed in a 5:0 vote.

NEW BUSINESS

Police CALEA Accreditation (Greg Dorney, Police Chief) -  Chief Dorney explained that CALEA stands for Coalition of Accredited Law Enforcement Agencies and is a national organization.  An overview of the program was in the Supervisors packets for the April 2nd meeting - along with a letter from January 25th to the Township Manager with a detailed overview of the program, a March 23rd memo from Dorney to the officers titled "Why Accreditation Is Important To Me," and a call service report (grouped by codes) for the years 1999-2008.  Police CALEA accreditation was a topic at the January goal setting meeting.

Henning Holmgaard (former Supervisor, Forks' liaison to the EAJSA, and current candidate for Supervisor) offered a definition of what accreditation is:  A police department goes through a series of tests given by their peers to see that their performance standards are up to the standards of the level being applied for. (Forks PD achieved State accreditation in 2005 and was re-accredited in early December 2008.) Holmgaard said that Dorney is now part of the State accreditation team.  Dorney offered that Detective/Accreditation Manager James F. Rowden is a member as well.

Dorney said that there are currently only six CALEA accredited law enforcement agencies in PA - out of 1200 plus departments.

Dorney said that accreditation is the implementation of professional standards based on best practices.  The standards for CALEA are developed by nationally, and in some cases, internationally recognized police practitioners.   There are 438 standards and under each there are sub-sections with a lot more standards.

Police development will be how the standards are implemented within the department.  The department must then meet the adopted standards and maintain them on a day-to-day basis.  It takes three years (and random audits) and at the end, a team of outside professionals comes in for a week and goes through "doors and drawers" and decides if the standards are being met.

Dorney said that it is essentially a risk management program that looks at crucial high risk activities that have the potential, if not done properly, to end up in costly litigation for the municipality.  He offered that he believes in it greatly.

The initial cost for the program is $1,570 (based on the number of authorized individuals in the department - currently 24).  Dorney said that he would like to use the existing training fund.  In year two the cost will be $207 for approximately $1,800 total.  Dorney is looking at a five year timeline and expects to be fully CALEA accredited in July of 2014.

Dorney reviewed the service report that was in the Supervisors's packets.  In 1999, the department responded to 3,428 calls.  Last year there were 7,656 calls for service - no homicides.  In 2007 the department handled its first homicide in a long time.  "It was handled from start to finish by our agency and resulted in one of the fastest convictions in Northampton County history on a murder charge."  Dorney added that they see just about everything (in calls) and that it is important that the department set high standards for itself.

Howell thanked Chief Dorney for his well done presentation and asked for a motion.  It was offered by Chuss and seconded by Nicholas. 

In discussion, Egolf asked how the department officers view the program - because "without a buy-in, things fail."  Dorney said that they all back it.  Egolf offered that it is very good that this is not "from the top down type of initiative" and congratulated Dorney.

Lilly Gioia (resident and write-in candidate for Supervisor) asked if the CALEA program standards cover domestic situations, particularly child abuse.  She said that when the the economy in a downturn, domestic abuse cases rise.  Dorney said that it is covered currently by State law and is in the State accreditation program.  He added that she is right, domestic issues have risen.

The vote was 5:0 to approve Forks Township Police Department's move toward national accreditation.

Request for acceptance of the Community Center roof repair (Mark Roberts, DPW Director) - Roberts explained that the Community Center roof leak repair bids were opened on April 13th.  Three bids were received however, Alfero & Company's low bid of $15,288 did not have the required "statement of bid qualifications" attached.  Robinson Roofing Services was the next low bid at $15,853 and the third bid was from Alan Kunsman Roofing at $24,750.  In a 5:0 vote, the Supervisors accepted the Robinson Roofing bid.

Request for acceptance of the Remediation of the Police Dept. ductwork (Mark Roberts, DPW Director) - Tabled because of questions that need to be researched.

Purchase of World Trail Fitness Package (Rick Schnaedter, Township Manager) - Schnaedter said that last year, the outdoor fitness trail in the Community Park was removed because it was in disrepair.  The Recreation Board's recommended replacement equipment did not meet the PA COSTARS program.  However, comparable equipment was found from Playworld Systems, a State approved COSTARS vendor (no bids needed).  It is currently "on sale" and a little less expensive than the original choice.  The Recreation Board is amenable to the substitution.  The not-to-exceed amount of $8,099 will come from the Parks & Recreation fees (a fund from money paid by developers for that purpose).  Howell said that $9,000 was set aside last year.  The purchase of the "Trail World package 1" was approved in a 5:0 vote.

Review of Public Works (5) year Plan (Erik Chuss, Supervisor) - Chuss said that the BoS has the Recreation and the Facilities Plans.  The remaining two plans will be in the next meeting packets.  They will be reviewed at the Public Works Committee meeting in May and will be presented to the Board by Mark Roberts at a May 21st public workshop at 6:30 PM before the regular BoS meeting.

Nicholas asked that the names of employees in the Facilities Plan be removed and replaced with their position titles.  All the plans will be changed to show titles instead of names.

Executive Session - The session was requested by Nicholas.  The purpose was to discuss a real estate matter.  No action was taken and the meeting was adjourned.

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

BoS Meeting 2/21/2008

Regular Meeting (agenda)

The Board of Supervisors was asked by Police Chief Dorney to appoint three new police officers. Two will fill vacancies created by recent resignations and the third will fill a new position called for in the department five-year plan. Two other officers were promoted, one to Captain and one to Detective. Read more below and in articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call). The police department appointments were moved from the NEW BUSINESS section of the agenda to the beginning of the OLD BUSINESS section at the request of Chief Dorney.

Supervisors' Comments

Chairman Howell said that he attended the hearing held by Representative Freeman on H.B. 2018, the bill to allow municipalities with greater than 17% tax exempt properties to share in monies collected for a liquor tax (that currently goes into the PA general fund). This (now) 18% liquor tax was originally enacted to help with the 1936 Johnstown flood. It was never repealed. Large amounts of tax exempt properties put an inordinate burden on the infrastructure to serve all the citizens. Howell provided the Board with some examples and cited Gettysburg, where 79% of the property is tax exempt because of the Gettysburg College. He said that Gettysburg would be entitled to a $702,000 payment. Howell said that Finance Manager Farley is putting something together for the Finance & Administration Committee to determine whether the proposed legislation may benefit Forks. Forks has schools, churches, parks, the Municipal Complex, the airport, etc. that are all tax exempt. At the least, the committee will determine whether or not to recommend that Forks endorse the legislation through resolution. The endorsement would be passed on to Reps. Grucela and Freeman to show support for their efforts.

Supervisor Miller updated the Board on the Bushkill Streams Conservancy's work to thwart further destruction by the two beavers that have been spotted near Lion's Park. Eighty seven (new) trees now have wire fencing around them.

Miller also said that an Antique Knife & Sword Show is coming to the Community Center September 27-28. There will be exhibits of military swords, antique daggers, and more. The show's sponsor is printing 10,000 flyers.

Supervisor Nicholas reported that she attended Boy Scout Troop 29's meeting and gave a talk on "their constitutional rights." She said that she was approached by at least five potential Eagle Scouts who are looking for projects. One of them, Sterling Pennington (sic) has volunteered to "do the parking lot at Gollub Park." Nicholas said that his good ideas include putting in a guard rail, a retaining wall, and a trail map. Nicholas said, too, that she asked DPW Director Roberts for ideas and he said the parking lot by the catch & release looks "ratty." Nicholas will try to get one of the scouts to improve it.

Nicholas said that she and Howell walked Gollub Park last weekend just to check it out. She noted that there are remnants of a pavilion there and that it, too, may be a good Eagle Scout project.

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. Current outstanding debt is $7,927.858.

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

• Public Safety - Supervisor Chuss - reported that Chief Dorney is still gathering information on modular furniture for the Police Department. Chuss said that the committee has items on the agenda.
• Public Works - Supervisor Miller - said that he was not at the Public Works Committee meeting. Township Manager Schnaedter reported that various options for a new public works building were discussed - size/bays/land. Schnaedter said that the discussion is very preliminary.
• Parks & Recreation - Supervisor Howell - said that the committee will meet next Thursday at 4 PM.
• Community Relations - Supervisor Nicholas - reported that because advertisement purchases have been slow as business are still getting their (advertising) budgets together, the new edition of the Forks Quarterly will come out in mid-March. She said that the rest of this year's editions will be on time.
• Finance and Administration - Supervisor Egolf - said that the last meeting was canceled because of ice and that the next meeting will be next Wednesday at 5 PM.

Township Manager's Report - Schnaedter - reported that to date no action has been taken on the Gollub Park emergency access road but work should begin on Monday. Roberts (not present) has obtained a cost estimate. Nicholas asked if something could be done about the PRIVATE DRIVE / NO TRESPASSING sign on a tree there. She asked Kline if the Township can take it down. Kline said that it is misleading and that someone should first talk to the residents and tell them they need to take it down. Schnaedter has been assigned the task.

Schnaedter reported that he has received the DCNR grant application. He hopes to have a recommendation to the Board at the first meeting in April. He and Miller are working on it.

Also, Schnaedter commended the work done by the employee run "resurrected" Safety Committee. All departments are represented on the committee. The charge is to identify potential workplace hazards. He cited Pete Gheller (last year's chairman), Sean Quick (this year's chairman), Irene Hess, Loretta Fuehrer, Don Miller, Steve Nicholson, Jim Seiple, and Tim Weis. Acknowledgements (of appreciation) were presented to all. Weis and Miller received theirs at the meeting.

Schnaedter said that on February 13th he received a fax from Northampton Emergency Management Services asking that he select one of two proposed projects for funding consideration. Forks will have to provide a 25% match. He said that he only had until 4 PM that day to respond and consulted with (assistant Emergency Management Coordinator) Tim Weis. They opted for a new drainage pipe in the 100 year flood plain area of Kesslersville Road. The estimated total cost of the project is $250,000. The other project offered was to replace and install new culvert in the 2900 block of Sullivan Trail. Weis explained that these projects were identified by the Lehigh/Northampton Joint Hazard Mitigation program that he was involved in last year. Projects were identified in the event that Federal money became available. Some funds are now available - but receipt is not guaranteed.

Engineer's Report - Hay - asked the Board for permission to put the fire training facility specs out for bid. The facility will be located on Glover and Kuebler Roads. Egolf asked what the building will look like. Chuss gave him a sketch.

Resident Sandy Hanks asked why Forks needs its own facility when there is one ten miles north in Washington Township? Fire Chief Bryan Weis explained that the entrance is narrow and they can't get all the vehicles in there, in particular the ladder truck. Chief Weis added that the ten miles creates a significant response time delay should they be needed in Forks. He said too, that there has been a 337% increase in calls in the past eight years and that the new facility will also bring in outside agencies for training.

When questioned about the estimated cost ($350,000 to $400,000), Weis said that the fire company has been planning for it for several years (it is in the five-year plan) and has committed to pay for half of it. The company has received many grants and has more grant active applications in the works.

It will be a state of the art facility. The next nearest comparable one is in Bucks County. Chuss added that the facility is budgeted and because it will not be for exclusive Township use agreements will be worked out to recoup the money.

Ms. Hanks said that the PA State Planning Board report recommends shared municipal services. Howell said that it is virtually impossible to get the COG (Council of Governments) to do anything regional. He said that within the Two Rivers COG different municipalities have different kinds of fire companies or none at all. Some of the companies are union, some are paid, some are volunteers - "a hodgepodge of incorporated departments." Howell said that at the PSATS meetings, "regionalization" is a very easy thing to say but it is extremely difficult to accomplish.

Weis added to that the Washington Township facility is operated by and used by Northampton Community College.

Nicholas asked Hay to put a price hold time limit in the bid package. The Board approved the solicitation of bids in a 5:0 vote.

Solicitor's Report - Kline - agenda items only.

Comments from the floor - None.

UNFINISHED BUSINESS

Hiring of (3) New Full Time Police Officers - Chief Dorney nominated three individuals to fill the two vacancies created by resignations and the one vacancy already in the budget. The Board accepted all nominees in a 5:0 vote. The new officers are James Rovinski, Joe Kizer, and Brandon Schippers. For more details, please read the February 22, 2008 articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call). The new officers begin their jobs on March 2. Chuss expressed thanks to Chief Dorney for his extensive work to find and field the candidates.

Promotion of Police Captain - The Board approved the promotion of corporal Richard Griffo to captain. The position, last held by Lou Coxe, has been vacant since 2003 when Coxe resigned. The promotion is effective March 2nd. The vote was unanimous.

Promotion of Police Detective - In another unanimous vote by the Board, officer Joe Effting was promoted to detective. This promotion is also effective March 2nd.

Recreation Path - (This is for a recreation path plan for Riverview Estates.) Howell said that the Planning Commission (PC) has considered three options and settled on one to recommend to the Board. In the PC recommended plan the path runs along the north side of Winchester from the nature trail to Broadway where it continues west on the south side of Winchester. Howell added that the PC is considering a broader trail system and that will be presented at a later date.

Chuss said that his thought is that since the revised Comprehensive Plan is so close to being adopted that the Board should wait until it is adopted. Winchester Drive is to be a minor arterial road and he thought that the Board should designate a recreation path on both sides from Frost Hollow to Richmond, putting it on the map (in the Comprehensive Plan) so that residents know that the path may be built.

Howell noted that discussion should be limited to Riverview and asked, "What is Strausser's responsibility? Hay explained that the sidewalks (per plan) will be on the south side of Winchester from Iron Run to Ramblewood and then (west) on both sides. There is still a gap from Broadway to Iron Run.

Chuss offered that per the new zoning ordinance there will be sidewalks on both sides of newly approved developments. John Ackerman (former Supervisor) commented that sidewalks are added when land is developed and not on undeveloped land.

Dean Turner (Planning Commission Chairman) clarified that the Comprehensive Plan will undergo final PC review at the workshop next week (February 26th at 7 PM). The PC public hearing is scheduled for the PC workshop in March. The Comp Plan then goes to the Lehigh Valley Planning Commission (LVPC). Chuss said that the Board of Supervisors will review it at their first meeting in April.

Nicholas offered a motion that the Board look at the entire recreation path system and prioritize sections for action. She noted that there are gaps.

Howell clarified that it is a motion to table until after the approval of the Comp Plan after which the entire trail system will be prioritized. In discussion, Egolf asked, "Who will prioritize?" Howell answered that the Parks and Recreation Committee standing committee will do that. Egolf remarked that he would like PC participation as well. Miller said that the Recreation Board cannot be left out either and they should have a part in this. Howell said that the motion is simply to table this agenda item and reconsider it after the Comprehensive Plan has been approved.

Egolf thought the motion too complicated. Kline suggested that it be two motions.

So, the Board voted 5:0 to table any consideration of the recreation path system until the Comprehensive Plan is approved by the Board. Next the Board voted 5:0 to determine the input it will receive from the PC and Recreation Board in order to prioritize the building of the recreation path system - after the Comprehensive Plan adoption.

Turner said that in the past, PC workshops were used to prioritize projects. He suggested that all three groups, the PC (at workshops), the Parks and Recreation Committee, and the Recreation Board use their meetings to put together a priority list. Howell said that the Board will do its best to coordinate the PC, the Recreation Board, the Parks and Recreation Committee, and any other interested citizens.

Resident Gretchen Gerstel commented that the Forks Township "should have told the developers where Forks wanted the paths and not let the developers say where they wanted to put them."

Penn's Ridge/Commercial Land Development - Kline explained that the developer was before the Board at its last meeting and that everyone is familiar with the proposal. He said that the developer is agreeable to the all the conditions. (For more details on the Penn's Ridge commercial project - a 10,000 sq.ft. strip mall on Bushkill Drive near the Kesslersville Road entrance to Penn's Ridge, see the FAC Projects page, Penn's Ridge.) The land development was conditionally approved (to include the engineer's letter and the PC recommendations) in a 5:0 vote.

NEW BUSINESS

Ordinance 309 - Farmland Preservation Tax Millage Freeze - Howell introduced this item by recalling that at the last meeting, Maria Bentzoni, Farmland Preservation Program Administrator was before them and outlined Act 4's provisions and that the Board asked Kline to prepare this ordinance.

In review, Kline said that "the ordinance will establish a real estate millage rate freeze on certain eligible property" in Forks and that there are four conditions that must be met:

1. Act 4 must be approved by all three taxing bodies, Northampton County, Forks Township, and the Easton Area School District (EASD). To date only Northampton County has approved it. Kline noted that the EASD has the most to gain by preventing further development.
2. What is exempt is real property for land (or easements on land) acquired by the county.
3. The ordinance applies to eligible property whether it meets the criteria before or after adoption of the ordinance.
4. The Board must notify Northampton County with the exact rate/amount of the millage, the date frozen, and the parcel(s) included.

Kline noted that there is nothing in Act 4 that says that the freeze "runs with the land forever."

At this time only one farm in Forks has been acquired by the County, the Elsie Louis Brown farm. Egolf asked Kline how the properties are identified. Kline explained that the County is trying to acquire properties but has a limited amount of money. In an effort to get the "most bang for the buck," they may be trying to preserve more farms to the north of Forks where the land is less expensive. Kline added that there are two farms in Forks that have submitted applications. Chuss commented that he thinks this is a great thing to do to help preserve farmland in Forks.

Ackerman said that there is one farm in Forks that has an application in but although he knows who it is, he is not going to say. He said that applicants are not identified because it may cause other farms to submit applications and mess it up for the ones already on the list. "...they don't have enough money to go around."

The Township will send a letter to the EASD telling them of the new ordinance. In a 5:0 vote the Board authorized the advertising of the ordinance. It will be considered for adoption at the March 6 meeting.

Fire Department Presentation - Fire Chief Bryan Weis presented the Fire Department 2007 Year End Report. It is available for download on the fire department website. Weis said that he has been a member of the fire department for fifteen years, the last seven as an officer. Weis said that he works from home for a company that does database design and is in the Township most of the time - and can respond to calls.

Weis said that of last year's 564 calls, the majority (26%) were for vehicle accidents. On average 500 hours a month are spent on incidents and another 500 are spent on other activities (training, maintenance, fire prevention, etc.)

Calls in Forks were 82% of all calls. Stockertown calls totaled 55 (or 10%). There are mutual aid agreements in place and last year, outside agencies came in 16 times. Two thirds of the calls are daytime calls (between 6 AM and 6 PM). The fire company has 60 volunteers and is second in size (for volunteer companies in Northampton County) to Bangor.

Last year the company totaled more than 6600 hours in staff training, or 110 hours per firefighter. The average response time is 5.5 minutes. Forks' Incident Command System (ICS) is now the County standard.

In addition, Weis said that the company has an EMT (who can begin care before an ambulance arrives) and conducts fire prevention sessions at schools and daycares. In 2007 they addressed 1500 kids. The company is striving toward State accreditation by the end of 2008.

Weis said that another of the goals is to achieve and maintain an ISO (Insurance Services Organization) Class 1 rating. Right now Forks' rating is 5/9. The 5 is in areas with hydrants and the 9 is in areas without hydrants. Among other things, a Class I rating will result in reduced insurance premiums for all residents (and businesses).

In a community outreach program to businesses, the company is compiling a database (of maps, floor plans, hazardous materials inventories, etc.) so that it can do its job more effectively.

In the third quarter of 2007, the department applied for $291,000 in grants from the Department of Homeland Security. A grant for $22,000 was awarded by the State. The Forks Township Volunteer Fire Department Relief Association, which gets money from outside the State, has provided the department with equipment, training funds, life insurance premiums, insurance physicals (the cost of), etc. Fully 75% (or $135,000) of the department's operating costs have been paid for with funds from outside of the Township.

Executive Session - An executive session was to discuss a personnel issue and matters involving potential litigation. After the (one hour and twenty minutes) executive session, the Board voted 5:0 to grant an employee's request for extended bereavement leave - from the normal four days to six days. 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.