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.

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

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. 

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 - 3/4/2010

Regular Meeting - Agenda

Supervisors read a proclamation in honor of the the Boy Scouts of America 100th anniversary.  Copies were presented to BSA Troop 29 and to Cub Pack 21.  Cub Pack 29 will receive their copy at the next BoS meeting. 

The Board learned:

• How much time was contributed in 2009 by sports parents and coaches and how that translates to value to the Township. 
• That another Forks business is seeking an inter-municipal liquor license transfer.  This one is the Auto Grill on North Delaware Dr. - it was formerly the Riverside Deli. 
• That the Parks & Recreation Standing Committee may have gone "maverick" when it told the Recreation Board to approach Solicitor Kline directly with a soon-to-be rewritten Recreation Board Ordinance.  This is an update to the one done in 1960.

Supervisor Egolf was absent as was the recording secretary.

Minutes of the February 04, 2010 Regular Board Meeting (Tabled from last meeting) were approved with a 4:0 vote.  In discussion Howell asked to be refreshed on why the minutes were tabled.  Chuss said that it was primarily a cut and paste issue.  However, when Chuss attempted once again to insert words indicating that Ms. Hanks had said that she received all materials she requested (see BoS Meeting Notes - 02/4/2010), Ms. Hanks disagreed.  She said that she did not receive all the materials and never agreed that she had.  She added that she subsequently requested additional materials which she received in a timely manner.  Chuss then amended his statement to read that "Mr. Chuss asked Ms. Hanks if she had received all the material she requested.  And, then Mr. Chuss said if she identifies any additional information she should submit a request for it from the Township." 

Minutes of the February 18, 2010 Regular Board Meeting were approved with a 4:0 vote.

Public Comments (non-agenda)

• Dan Martyak - President of the Forks Township Youth Sports Organization (FTYSO) presented the Board with a report of the 2009 volunteer hours contributed by sports parents, coaches and organization officers to the Township.  He translated it into monetary value by assuming that each hour of volunteer time is worth $20.  The 43,721 hours is valued per his report at $874,420.  Martyak said that the report will be on the FTYSO website shortly.

In his verbal report, Martyak said that if the kids were not involved in sports, they would be involved in crime and that it costs $100,000 per child per year in the criminal system.  Last year the kids in Forks were involved in sports for over 193,000 hours. 

Martyak said the organization is aware of a gap in funding for the current year and it is working closely with Finance Manager Farley and John O'Neil to mitigate the shortfall.  Last year FTYSO contributed $66,000 to the Township in the form of fees collected and funds raised. 

Martyak also read a letter he received from a resident who ran a city youth sports program for 10 years.  It had paid workers and was always understaffed and under budgeted.  A youth sports organization was created and used to raise money and to get volunteers.  He said that because people had no direct control over the program, they were poorly committed.  The letter concluded with accolades for the talent and commitment of the people running the Forks programs. 

 Supervisors Comments 

• Supervisor Chuss asked Ms. Hanks if she received all the documents she requested.  He stated that she indicated she has and he advised her that if there is any additional information she needs, a written request submission should be made.

Treasurer's Report - Rogers detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 3:1 vote.  Howell cast the nay.  When asked by Chuss the reason for his nay, Howell said that he does not approve of the Liquid Fuels transfer of $83,000 (see agenda item below for more details.)  The Township's current outstanding debt is $7,724,347.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - absent - Chief Dorney said that the committee has not met since the last BoS meeting and will meet next Wednesday at 7:15 PM.
• Public Works - Supervisor Howell - said that there have been no meetings since early in February and the next one will be Monday at 8 AM in the Municipal Building.
• Parks & Recreation - Supervisor Rogers - said that the committee met last night at 6 PM.  She reported:
  • Dan Martyak (FTYSO) said that there is a back-up plan to reduce the budget gap and that all commissioners have been asked to cut their budgets.  Supervisor Billings has volunteered to help understand and resolve the gap.
  • Rogers repeated Martyak's report statistics (see above).
  • The 1960 Recreation Board Ordinance has been found and the Recreation Board will review it, make changes, and then send it to Solicitor Kline for review.  Rogers said that this is her recommendation to the Board and that she believes this will "put the matter to rest."
  • The newest Recreation Board member, Beverly Dalrymple was introduced.
  • The Recreation Board meeting minutes will be provided to the committee at a later date.
  • Don Miller said in a report that wrestling ended last week, basketball is winding down and spring sports are beginning.
  • The Rec Board will revisit its five year plan, prioritize it, and provide more details - including cost estimates.  They will present it to the committee next month.   
  • The next meeting is the first Wednesday of April at 6 PM in the Municipal Building. 

Howell took issue with the Recreation Board going directly to Solicitor Kline.  He said that the committee was charged to bring the ordinance to the BoS and after review, the BoS will, if necessary, send the ordinance to the Solicitor.  Howell said that he thought no committee should be able to "oblige or engage" the Township's counsel.  Chuss offered that the Planning Commission (PC) does it all the time.  Howell said that Kline is the Solicitor to the PC - he is their counsel.  He finds it "quite a usurption that an advisory committee can engage counsel and fees without the approval of the Board." 

Rogers insisted that the committee "decided" that that was how it would be.  She added that he (Howell) had "already left and wasn't there to hear it."  Howell offered that there were many times when he would have liked to do just that - consult with Kline - over committee issues, and as long the chairman and she (Rogers) feel it is appropriate to do, he will take advantage of it.  Howell added that the Township Manager and the Finance Committee had wanted to limit Solicitor (and other professionals) contact in order to save money.  This is a procedural matter because now Chuss and Rogers are saying that a committee can engage the Township's counsel. 

• Community Relations - Supervisor Chuss - said that the committee has not met since the last BoS meeting and the next meeting is March 8th.  He reported that 17 people (including himself) have signed up for his Art Society.  He thought this a "fantastic" response.  Only three of those who signed up cannot make the first meeting on March 16th at the Community Center.  Chuss is providing the refreshments. 
• Finance & Administration - Supervisor Billings - said that the next meeting will be on Wednesday, March 10th at 6 PM in the Municipal Building.

Township Manager's Report - Schnaedter said that the CMX construction maintenance agreement has not been received yet.  The reason, he was told, was that the snow storms kept the clerical people from the office.  He requested that the agenda item be tabled.  Howell said that he finds it an annoyance that everything is always delayed when it comes to CMX.  Schnaedter offered that this is to negotiate a hourly rate as a backup just in case anything arises after CMX's initial work is completed.  He also said that 20 people attended the pre-bid meeting. 

Also, Schnaedter reported that he hopes to have a proof from Home Town Press of the upcoming Quarterly next Monday.  They have reported that the economy is making it difficult to secure advertisers. 

Engineer's Report - Muller was not needed and his absence was excused - per Chuss.

Solicitor's Report - Kline - reported that "motions to dismiss" have been filed on behalf of all defendants in the Federal Court action (against Forks Township) by Gary Strausser and Strausser Enterprises.  The motions were filed on February 19th and it will be several months for a court decision. 

The motions to dismiss indicate that there was no testimony and no discovery, so, even if everything alleged by Strausser is true, "he still loses."  The technical legal issues will then have to be addressed by the Federal Court. 

Kline also reported that he has been meeting with Township Engineer Muller to get Muller up to speed on a number of different issues/developments that are upcoming. 

Chief Dorney received a letter from PA Attorney General Tom Corbett announcing that the Police Department's grant application was approved - to purchase two portable breath testers. 

UNFINISHED BUSINESS

None

NEW BUSINESS

Proclamations: Boy Scout Troop 29 – Cub Scout Pack Troop 29 – Cub Scout Pack Troop 21 (David Billings, Supervisor) - Billings said that signed copies of the Township proclamation celebrating the Boy Scouts of America 100th anniversary will be delivered to BSA Troop 29 and Cub Pack 21 tomorrow.  Both were represented tonight.  Cub Pack 29 will get their copy at the next meeting.  The proclamation will be signed tonight.  He said that he was privileged to attend the blue and gold banquet a week ago.  Billings read the proclamation which was written to recognize the contribution that local scout groups have made.  The proclamation was approved by a 4:0 vote of the Board of Supervisors. 

Liquid Fuels Fund Transfer (Jim Farley, Finance Manager) - Farley explained that Liquid Fuels Tax money is received from the State and comes from taxes collected on fuel purchases.  It is awarded based on the number of miles of roadway in a municipality.  It is to be used for street lighting, plowing, road maintenance, road resurfacing, road construction, etc. 

Farley said that in 2007 the Township took on a project for road resurfacing.  Two years later, after an audit, the Township learned that the proper permits had not been obtained in time by the engineer.  As a result, the funds had to come from the Township's capital accrual account instead of the Liquid Fuels fund.  The Township appealed and lost.  Controls on road projects have now been tightened.

Billings asked if the prior engineering firm has any culpability in this?  Farley said that during the audit, records were requested of the engineer but they were never produced - as they were never created.  Farley added that the roadwork was done in the Township so "it's not like we lost money somewhere."  

Howell said that it particularly galls him that when the engineer was asked if the paperwork was completed, he said that it was.  He suggested an angry letter from the Township to the engineering firm. 

Kline explained that there are two pots of money, the general fund and the Liquid Fuels fund - all of it is Township money.  In this case, the Township used the Liquid Fuels fund but the State said "no, you didn't ask us first" and because the Township didn't ask "may I?" to PennDOT the money must come from the general fund instead.  Kline said, "The Township still has the same amount of money."   At the moment, Keystone is working with Kline for free to get a number of projects wrapped up so that the new engineer needn't do them.  Kline suggests not "burning bridges."

Construction and Maintenance Agreement – CMX (Rick Schnaedter, Township Manager) - Schnaedter requested that this be tabled.  Billings made the motion.  Rogers seconded and the vote to table was 4:0.

Inter-municipal Liquor License Transfer for Timothy Belon - 1670 No. Delaware Drive (Auto Grille) Schedule Public Hearing (Karl Kline, Township Solicitor) - Kline explained that the license is coming from 3531 Mountain View Drive in Danielsville.  The State mandates a public hearing by the receiving municipality whenever there is an inter-municipal transfer of a liquor license.  Ultimately what goes on is really up to the PA Liquor Control Board but the hearing does provide the municipality with an opportunity to find out what's going on.  The license is for an eating/retail place at 1670 North Delaware Dr.

Howell said the the application has many errors.  Examples include listing Chubby's as the nearest holder of a liquor license when in fact there is one at the Colossi property (the former Gypsy Rose) and one at Riverview.  The nearest school is listed as Forks Elementary but is in fact March Elementary on College Hill.  And, the nearest park is given as the Forks Community Park when it is Nevin Park and Eddyside Park in Easton.  Howell asked that Schnaedter or Kline review the application and correct it.  The application is also missing a list of all the active licenses in the Township. 

Kline said that he will notify the applicant of the hearing date and that there are many observed shortcomings in the application. 

Kline explained that prior to changes in the law, supply and demand dictated the prices of liquor licenses.  There were many in Easton and they were cheaper than those in Forks where there were fewer.  When the law was changed to allow inter-municipal transfers, it effectively evened out the supply/demand price issues. 

A motion was made by Billings to schedule the public hearing for Thursday, April 1 at 7 PM and that the applicant be asked to review and correct his application.  Rogers seconded and it passed 4:0.

Executive Session - There was an Executive Session to discuss litigation and a real estate matter.  No action was taken during or after the session and the meeting was adjourned. 

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

BoS Meeting Notes & Comp Plan Public Hearing - 2/18/2010

Public Hearing - Comprehensive Plan - 6:30 PM

The final public hearing on the three-years-in-the-making, Forks Township Comprehensive Plan (Comp Plan) was short and sparsely attended.  Two Supervisors were absent.

Charlie Schmehl of URDC, the consulting firm that guided the Planning Commission (PC) in the Comp Plan's development, summarized it as a "set of policies for the future development and preservation of the Township over the next 15 years."  It helps to support Township development regulations and provides policies for natural feature preservation, agricultural preservation, facilities and services, transportation, and contains ways to carry out the plan.  

It is the result of the work of the Planning Commission and of citizen committees who met in workshop sessions over the course of three years.  There are no changes in the Township's zoning map and there are minor revisions of zoning and SALDO (Subdivision and Land Development Ordinance).  The new Comp Plan recommends that more attention be paid to the FP (Farmland Protection District) with agricultural preservation given a higher priority, that the TC (Town Center District) be made more pedestrian friendly, and that trails continue to build on what has already been done.  It also contains recommendations for traffic improvements and for economic development. 

Per the MPC (Municipalities Planning Code) Comprehensive Plans are non-binding and cannot be used to challenge actions of townships.  In simpler terms, a township can use it to defend itself but it cannot be used to attack it.

Solicitor Kline explained the process further saying that the PC held a public hearing.  The BoS held one on December 1st and because some significant changes were made, this night's hearing was being held.  This meeting was advertised as was the possible adoption of the plan at the regular meeting that follows the hearing.  Kline said that the Comp Plan was sent to the LVPC (Lehigh Valley Planning Commission) and the Township received favorable comments.  In accordance with the MPC, the plan must be adopted by ordinance.

Dean Turner, PC Chairman, asked if the Township has an electronic version of the Comp Plan so that it can make copies as needed?  Schmehl said that a "cleaned-up copy with the adoption date" in both electronic and paper formats will be provided to the Township. 

The vote to approve took place during the regular meeting.

Supervisor Howell asked Mr. Schmehl about the soon to be on the agenda, solar ordinance.  He wanted to know if there were any incentives (for commercial applicants) for changing the parking space formula if charging stations are provided in parking lots.  Mr. Schmehl said that as long as there is a "basic bare minimum of parking," the Township can have any type of incentives it wants.  He talked about Allentown's incentive for bike racks (one bike rack = one less parking space) and about California's incentives for solar panels over parking lots as "a very good use of land" since it does not increase impervious surface requirements and it provides shade for cars.  There can also be increased impervious surface incentives with minimum LEED certifications. 

Kline asked if LEED "certified" would be required or would LEED "qualified" be okay since LEED certification is costly and some architects are saying that they will design to LEED but not apply for it.  Mr. Schmehl replied that that is an alternative however, sometimes they say they will build to it but do not. 

Regular Meeting - Agenda

On this night, Supervisors unanimously approved the long awaited Comprehensive Plan, agreed to sign on the dotted line for restructured bond financing, and heard from a resident who wants new, professional management at the Community Center.

Approval of Minutes

The approval of the minutes from the February 4th meeting was tabled in a 4:1 vote with Billings casting the nay.  There were many "corrections" by Chuss including his first where he alleged that Ms. Sandy Hanks (who filed a document request and was given only one of the documents requested) said that she got all that she requested.  She was at this night's meeting and told Chuss that he was wrong and that she did not get the documents she requested and that instead he told her to file another request.  Chuss argued with her and said that she shook her head "yes" when asked.  Again, she said that she did not.  Undeterred, Chuss continued with more "corrections."  Egolf made a motion to table the approval until March 4th in order to make the corrections.   Rogers seconded.    

Public Comments (non-agenda)

• Gretchen Gerstel - resident - read a statement in which she called for the Township to employ a professional in Community Center management, in particular a college graduate with the "latest know-how" who can handle its three-quarters of a million dollar budget.  She suggested that the $60,000 expense of the current manager is enough to attract a dynamic person from outside the Township.  Ms. Gerstel said that the Supervisors need to engage in "anticipatory thinking."   She said, "As important as 'hanging on,' is knowing when to let go."  After Ms. Gerstel finished her statement there were no comments from the Board.

Supervisors Comments 

• Supervisor Rogers thanked DPW Director Mark Roberts and the public works crew for the great job they did clearing the roads after the last storm.  She said that they were in her neighborhood at least five times.  Township Manager Schnaedter said that since Roberts was not at the meeting, he would tell him for her.
• Supervisor Billings said that he sent Roberts an email thanking him for the great job that his crew did.  He told of attending an "elected officials forum" today.  It was hosted by Senator Mensch and Tatamy, Forks, and the City of Easton were there.  The next one is in April.  Billings found the discussion fascinating.  One bill mentioned would allow municipalities to use radar guns for speeding.  Also, attendees were told that there is a lack of grant funding in the PA 2010 budget and that grants will be few and far between.  There was discussion of Act 47 in the City of Easton and Lehigh Valley gambling money distribution. 
• Supervisor Egolf said that he thought it important to get township managers to forums like that since they have their "finger on the pulse."   Billings said that he will send a request to Mensch. 

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 $7,724,347.

Resident Sandy Hanks asked about the transfer of $27,079.29 from Recreation Land Acquisition to the General Fund.  She said that fund transfers have been ongoing since November and amount to $365,000.  Finance Manager Farley said that the money is from developers for recreation development.  The fund does not have a checkbook and in order to pay bills money must be transferred to the general fund.  This money is being used to pay bills for the refurbishment of the tennis and basketball courts as well as various other BoS approved projects.  

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that there was no meeting because of the snow.  The next will be on Wednesday, March 10th at 7:15 PM. 
• Public Works - Supervisor Howell - reported that the next meeting is March 8 at 7:30 AM.   He added that Supervisors have copies of an exchange of emails from citizens and merchants concerning snow removal on Braden and Ian - neither of which are dedicated (to the Township) roads.  A discussion of what policies are in place to deal with requests like these will take place at either Public Safely or Public Works meetings.  Also, Howell said that there was a letter from the Vista Estates Homeowners Association with their opinion of the public works garage and its possible impact on their neighborhood.  He said that the Association has been in contact with himself and Billings.  The committee will respond to the Association.

Schnaedter said that Kimmel & Bogrette will meet with staff at a rescheduled "kick-off" meeting on February 22nd at 1 PM.   It was postponed from last week.  New designs for the placement of the public works garage will be shown and the engineer will be introduced.  Also, staff will see new ideas for the heating system, the electric, and the mechanics.  

Egolf said that the PC received a (public works garage) report from Zoning Officer Weis.  A formal presentation of the new designs will be given to the PC at a later date.  Planner Vito Tamborrino said that Weis was to pass on the PC comments to Schnaedter. 

• Parks & Recreation - Supervisor Rogers - said that the next meeting is March 3rd at 6 PM.
• Community Relations - Supervisor Chuss - said that the committee held a brief meeting on February 8th prior to the goal setting session.  They discussed:
  • The newsletter. 
  • Website is to be monitored for content updates - if any are missed, inform "staff."
  • Ten people have signed up for the arts council and there are 10 days left in the sign up period.  The kick-off meeting will likely be in March in the Community Center.  There will be refreshments.
  • Community Days was not discussed due to lack of time but the committee does want to ensure that Mr. Lokitus of BCAF (Business and Commerce Association of Forks) talks to the Bennetts about taking over the reins.

Dean Turner (PC) asked if the goal setting session was a public meeting and if the goals will be made public.  Chuss said that it was a public meeting and that the Board will get copies of the goals.  He said that he was unsure if they will be available to the public. 

Schnaedter said that he has a draft of the goals for the Board's review and that after the Board has accepted them, they will be sent to David Woglom of Lafayette College.  He will make a more formal synopsis of the session.  Schnaedter added that the report prepared by Woglom will become a public document. 

Billings requested that the goals document be put on the Township website.  There was no disagreement by the Board. Schnaedter said that last year's document was four to five pages.  It will also be available at the counter at the office. 

The next committee meeting is Monday, March 8th at 4:30 PM.

• Finance & Administration - Supervisor Billings - said that the last meeting was snowed out and that the next is scheduled for Wednesday, March 10th at 6 PM.

Township Manager's Report - Schnaedter said that there has been a difficult time with the newsletter printing company because of trouble getting advertisements.   A copy (of the content as opposed to a proof) has been given to the Board for approval.  It will expedite the process.  Schnaedter remarked that the Crayola article is getting dated - it took place last winter.

A draft copy of the goal setting session has been provided by David Woglom.  Schnaedter asked that the Board review it and get back to him with any comments - so that he can get them back to Woglom. 

Schnaedter reported too, that he received an email from Tim Edinger of CMX.  Edinger said that unless CMX is wanted as construction manager for the amphitheater, its work is done once the bid documents have been reviewed and a contractor recommendation is made.  Schnaedter said that he reviewed the contract signed last July and that it does state that construction management is at an extra cost.  He recommended that the Township and CMX part ways when their part of the project is completed as he feels that staff and the Township Engineer can oversee the project to completion.  Schnaedter asked that the Board take its time to review the email.  He would like to provide an answer to CMX before the March 8th bid opening. 

Billings asked if a problem is found with the bids, will CMX do more?  Schnaedter said that they will review the bids and make a recommendation to proceed or not.  "Anything beyond that is additional cost."  Billings said that he favors using Forks' staff and engineering. 

Howell requested that this be put on the March 4th meeting agenda for "informational purposes."  Tamborrino asked if CMX has "construction administration" in the contract.  He said that if the Township takes over the project and CMX is not handling the construction administration, then the Township has excluded liability of CMX for being responsible for any errors and omissions.  "Construction administration" means basically that CMX has to take the Township's phone calls during construction.  Schnaedter said that full and partial construction administration is listed on the contract as additional services. 

Billings offered to sponsor the agenda item.  Chuss said that "we will work out who sponsors the agenda item."  He thought it should be the solicitor or the engineer.   

Engineer's Report - Muller reported that Alfero Construction's project is now under review.  He said that It was presented at the last PC meeting by engineer Bob Toedter.  It is for a two story office and 24,000 square feet of warehouse for their construction operation - on Glover Road.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

Ordinance 313 - 2010 General Obligation Bond (Jim Farley, Finance Manager) - Farley said that the bond auction was today and that there was good news to report.  He turned over the good news announcement to Gary Pulcini (Township financial consultant) and Michael Gaul (Township bond counsel.)

Pulcini said that the auction began at noon and concluded at 12:17 - after three time extensions which were the result of better bids coming in during the last two minutes.  There were five syndicates bidding and a total of 20 bids.  The winning bidder was Roosevelt Cross - representing a syndicate of Payne Webber and others.  Pulcini said that because of the great rate, the size of the issue was reduced from $11,825,000 to $11,300,000.  The rate through 2027 - when the Township will be debt free -  is 3.48%.

The Township's bond rating was upgraded since 2003 from A2 to AA, the same as Northampton County.  The AA rating is "a reflection of the Township's moderate debt load, the professionalism of the Township, and the income levels of the Township."  Pulcini said that through prudent debt management, "the capital plan has increased" and over 50% of the borrowing base is unused. 

Pulcini reviewed the summary sheet of the bidding.  The savings from refinancing the older bond is $734,703.93 and from the newest one, $31,919.16 for a total savings of $766,623.09.  He said that the Township is walking away with a $4.7 (sic - $3.7) million loan for a very low impact - $91,000. 

Kline remarked that the bid was done just before the Fed increased its interest rate today. 

Mr. Gaul presented the ordinance to the Board for their approval and signature.  The ordinance accepts "the proposal to buy the bonds by the underwriter."  It also makes tax covenants to ensure that the bonds are issued as tax exempt; it authorizes compliance with FCC disclosure requirements (to the bond purchaser); and it arranges for the payoff of the old debt.  Documents must be signed by the Chairman, the Secretary/Treasurer, and the Finance Manager.  There will be "a second wave" of documents shortly.

Kline said that he reviewed the ordinance and everything is fine.  It should be adopted tonight.  There is a tight schedule including sending it to the Department of Community and Economic Development for approval - in order to make the March 23rd closing. 

Gaul said that it must be signed tonight in order to accept the underwriter's bid.  He said that the Board has had the ordinance for review for a couple of weeks. The financial details were added today - they were not available until today's bid closing. 

Pulcini said that there is flexibility built in to take advantage of rate decreases - a 10 year part call.  If rates go down, the new money portion could be refinanced immediately.  If rates drop, the "refunding portion" can be refunded in 10 years - with 90 days notice prior to the call date.

Billings made the motion to approve the ordinance.  Egolf seconded and it passed unanimously.  

NEW BUSINESS

Resolution # 100218-1 Forks Township Comprehensive Plan of 2010 (Karl Kline, Solicitor) - Kline explained that the resolution is to approve the adoption of the Comprehensive Plan of 2010.  It was drafted by the PC and worked on by many committees.  The PC held one public hearing and the Board held two - one earlier this night.  The hearings and the resolution have been properly advertised.  The motion to approve was made by Howell and seconded by Egolf.  It passed unanimously.   

Howell asked Kline how the Panzini property purchase is progressing.  Kline said that on February 4th the Board approved the signing of the agreement of sale for 708 Zucksville Road at a purchase price of $230,000.  It will be a cash transaction.  The closing will be at the end of March.  The land is adjacent to the Township municipal park and next to another Township owned property (on the east.)  The property has 400 feet of frontage on Zucksville Road. 

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 - 12/3/2009

Executive Session - 7:00 PM

The session was held for a personnel matter.  Both Supervisors-elect attended.  No action was taken during or immediately after the session.

Regular Meeting (agenda)

On this night Supervisors voted to contribute $2,000 to Safe Harbor of Easton, hire a new Township Engineering firm, appoint a new Forks representative to the Easton Area Joint Sewer Authority (EAJSA), increase the sports sign up fees, advance the new solar ordinance, table the Comprehensive Plan, and almost went head to head with the Army Reserve!

For more on the Safe Harbor contribution (4:1 vote), please read Douglas Brill's Express Times article.  Also read the Express Times Turkey (editorial) - awarded for the second year in a row to the lone Forks Supervisor to vote against a Safe Harbor contribution.

For more on the Army Reserve's Forks Township plan, please see Douglas Brill's Express Times coverage. 

And, for more on the tabling of the Comprehensive Plan, see Tom De Martini, Morning Call. 

Public Comments (non-agenda) -

• Neil Schurgot, of Meadow Lane Drive, told the Board of an abandoned property on his street (2309 Meadow Lane Drive) and the problems it is bringing.  The property has been vacant for two years.  The first year, the bank maintained the property and mowed the lawn every two to three weeks.  Since May of 2009, the property has been ignored. 

Mr. Schurgot has called the Township numerous times about the property and the problem is not remedied.  Rodent infestation is now coming onto his property.  He said that the owner of the property is in Philadelphia and the property is in foreclosure.  He has been in touch both with the owner and with the bank.  Nothing has been done.

Zoning Officer Tim Weis has been in touch with the bank and originally it was cooperating.  However, at this point, thirty days has elapsed and nothing has been done.  Weis said that he thought the next recourse would be a lien on the property.  Kline said that if the property is in foreclosure, the bank (Countrywide Bank) does not own the it. 

The process in place in the Township for dealing with its ordinances is unacceptable according to Mr. Schurgot who added that the Township's ordinance regarding abandoned property is very weak.  He said that with the way the market is today and the fact that people are walking away from their properties, the Township needs something in place to be sure that the value of residents' properties does not decrease because of abandoned properties. 

Weis said that the Sheriff's Department needs to get involved.  Nicholas suggested that Weis and Solicitor Kline get together to find a solution.  Mr. Schurgot said that if a solution is not found by the end of the month, he will have to resort to legal recourse.

Supervisors' Remarks:

• Chairman Howell said that Chuss' motion (at the last meeting) specified a December 31st deadline for applications to the open seats on the appointed boards.  The legal notice in the Express Times contained an incorrect date.  Kline said that another BoS vote is not necessary since it was already voted.  Howell told Schnaedter to adjust the advertisement on the Township website to reflect the correct date. 
• Supervisor Egolf - said that the Township contributed $2,000 to Safe Harbor last year and he was interested in seeing if the BoS wants to do it again.  Howell suggested that it be added as an agenda item (see below - Old Business.)
• Supervisor Chuss reminded everyone of the tree lighting at the Community Center for Sunday, December 6th at 7 PM.  Bring canned goods.

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 $7,755,398.

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

• Public Safety - Supervisor Howell - said the next meeting is Tuesday, December 15th at 8 AM in the Municipal Building.  The principal item to be discussed is fire equipment.
• Public Works - Supervisor Chuss - reported that there has been no meeting of the committee since the last BoS meeting.  The next will be on December 8th at 7:30 AM in the Municipal Building.  To be discussed will be the public works garage and ways to reduce the cost of the initial design submitted by Kimmel Bogrette.  Also to be discussed are various projects going on in the Township. 
• Parks & Recreation - Supervisor Egolf - was happy to report that Jim Farley (Finance Manager) sat down with some officers of the Recreation Board.  They covered everything that was covered at the regular meeting.  The Recreation Board five-year plan is in hiatus and next week Egolf will meet with Ed Moore to see what needs to be done to move it forward.  The fifth item on the agenda (New Business - Increase Sports Sign-up Rate for 2010) is an outgrowth of financial work with both the Recreation Board and the Athletic Association.  The next meeting is scheduled for December 14th at 6 PM in the Municipal Building.
• Community Relations - Supervisor Miller - said that the next meeting will be on December 14th at 5 PM.
• Finance and Administration - Supervisor Nicholas - said that there had been no meeting since the last BoS meeting.  The next will be on December 9 at 5 PM in the Municipal Building.

Township Manager's Report - Schnaedter - said that the Supervisors had his report in front of them.  He reminded them of the Township (employee) assessment forms and that if they wish a formal tour of the (Township owned) house on Zucksville, they should let him know.  Howell said that he would like all Supervisors to see the house because there are pending issues on the application of it for 2010. 

It is at 700 Zucksville Road and was previously rented to the Township Fire Chief, Bryan Weis.  He is getting married and has moved.

Schnaedter also said that Supervisors have the revisions to the Comprehensive Plan in front of them.  He said that they came in late this afternoon and he was told that the changes are italicized. 

Engineer's Report - Fred Hay - absent

Solicitor's Report - Kline - said that the Weis Market land development is moving along.  The additional right-of-way (Uhler Road and Sullivan Trail) to be dedicated to PennDOT has been acquired.  PennDOT requires it before it will issue a permit for the intersection.  Also, the Township right-of-way must be deeded over as well.  The deeds should be wrapped up shortly and a spring construction start is expected. 

Kline also reported that there have been three inquiries from three residential subdivision developers who are talking about getting agreements in place to get started.  They are the Courts at Newlins, Town Center II, and the Knollwood subdivision.  Howell remarked that the Courts at Newlins (Newlins and Sullivan) land is for sale.  Kline said that with the stormwater improvements in place (under Sullivan Trail), the land will be easier to sell.

UNFINISHED BUSINESS

Contribution to Safe Harbor - 2009 (Robert Egolf, Supervisor) - Egolf said that he thought that the $2,000 amount is appropriate for this year and that it is the amount given last year.  He made the motion for the donation.  It was seconded by Miller. 

Nicholas asked from which account the money will be taken.  Farley said that the Township is under budget as a whole.  Last year the money came from the Supervisors' discretionary fund.  There is no Christmas party planned for this year. 

Chuss commented that he voted against it last year and will again this year as it is taking residents' money - money they are forced to pay - and donating it.  He said that he thinks people should be encouraged to give to Safe Harbor and other charitable organizations but that taxpayer money should not be given away.  Chuss said that he thought the Township was "opening up a can of worms" and that he doesn't want to choose who to give to.

Howell remarked that Safe Harbor and the local SPCA are two charities that have a meaningful impact on the Township.  He said that the Township should not turn its back on a place that takes in Forks residents.  He also said that there was a time when the Township gave $5,000 to Safe Harbor.

The vote was 4:1 to make the donation of $2,000.  The nay vote was cast by Chuss.  Schnaedter was asked to send an appropriate letter with the check.  The donation is for 2009.

For more details see Douglas Brill's Express Times article and the Express Times Turkey (editorial).

NEW BUSINESS

Forks Vacancy on the Easton Area Joint Sewer Authority (David Howell, Supervisor) - Howell explained that this is a unique vacancy caused by the resignation of (former Supervisor) Henning Holmgaard as the Forks representative on the EAJSA.  Mr. Holmgaard is now a resident of Seattle, WA.  He served on the EASJA board (meets once a month) as well as on its engineering (meets once a month) and finance (meets as needed) committees. 

Howell said that only one candidate has expressed an interest in this position, Carl Dicker.  He is on the Planning Commission (PC) and applied for the EASJA seat in 2005.  Mr. Dicker is a professional engineer and his specialty is storm water and wastewater services for the Lehigh Valley office of Spotts, Stevens & McCoy (SSM).  SSM is not affiliated with the EAJSA.

In discussion it was learned that calls were made to the EAJSA to determine the type of term that is open, an unexpired one or a new one.  The EAJSA has very poor records and does not know the answer to that question.  It is a five year term.  Howell suggested that since there is an important meeting coming up on December 21, that Dicker's appointment be for the unexpired term of Henning Holmgaard and that at the BoS Re-organizational meeting in January, when more is known, another appointment be considered. 

Chuss wondered if there was a conflict of interest because of Dicker's seat on the PC.  Kline said that there is none since nothing prohibits him from sitting on two appointed boards. 

Kline said that there must be some records for the terms of the EAJSA members.  He suggested that he write to EAJSA solicitor (with the Board's permission) and ask for clarification of all the terms on the Authority.

Chuss made a motion - Nicholas seconded - to appoint Dicker until the termination of the unexpired term.  The vote was 5:0.

Bethlehem Army Reserve Center Land Development Plan – Lots 15 & 16 Fort James III (Tim Weis, Zoning Officer) - Weis said that Keystone Engineering's letter is in the Supervisors' packets.  He also noted that the Army was not here tonight.  The lot consolidation plan will be before the PC this month.  Weis recommended that this agenda item be tabled until the lot consolidation is approved by the PC.  Chuss made the motion to table.  Egolf seconded. 

In discussion, Turner (PC Chairman) asked if a time extension will be necessary to avoid a "deemed approval."  Kline said that they are dealing with the Federal government and that the Keystone list does not involve problems with the township roads or its sewer system.  Initially, the list had 36 SALDO related items but the Army Corps knocked out some due to security concerns and others with the "document of preemption" (where the Federal rules overrule the local ones.) 

Only two of the issues cited by Keystone must be dealt with.  As part of their stormwater system, they want to use infiltration beds in a known karst limestone area and that is just asking for sinkholes.  Township Engineer Fred Hay asked that they do resistivity testing and the (Swiss cheese) voids found under the lots put them on notice that they may be causing problems for themselves if they use the infiltration methods.  The Township sanitary sewer line runs under the property.  Kline went on to to say that Hay was satisfied that other than that, the plan is okay.  Kline said that the Board can grant conditional approval subject to the October 2009 Keystone letter including comments #1 and #2 - with the understanding that he, Kline, will add a warning of the inadvisability of using infiltration beds.

Nicholas said that she has questions and that the Army representatives should be there to address the Board.  She will not vote on any plan when there is no representative present to answer her questions. 

The motion and second were withdrawn.

Chuss said that he does not remember seeing the plan before and he made a motion to request that the Army grant a time extension and if they do not, then the plans are not approved - included was a request that they appear before the Board.

Kline said that the Army granted an extension until a few days after tonight's meeting and if they do not grant an additional extension the Board can deny the plan.  The Board must be aware, however, that it may begin a "direct battle" with the Federal government.  Kline added that there is nothing in the review letter that can serve as a basis for a denial.  He said that they still need the lot consolidation as well as approvals from outside agencies. 

Turner said that it is a very different plan than the PC dealt with and, "It is what it is."  He said that the Army plan complies with sewer requirements "and they have Federal regulations that trump Township regulations."

Chuss offered that he "trusts the PC a lot and values their views and opinions."

Howell asked Kline to review the Board's options.  The time extension (already granted) will expire before the next BoS meeting.  Kline said that the Board can grant approval with the two Keystone conditions or ask for the Army to grant a time extension and  if no new time extension is granted, the BoS can deny the plans.  However, it needs reasons to deny. 

Kline said that the Army Reserve appeared at all the PC meetings and were the ones anxious to advance the plan to this December 3rd meeting of the Supervisors.  He said that they knew they had to be present.

He suggested that the motion be to give an extension of time to give the BoS an opportunity to ask any questions they have about the project.  If the extension is not granted, the plan is denied.  Chuss complied and made a motion to request a time extension and if it is not granted, the plan will be rejected based on the fact that it has never been presented to the Board of Supervisors.  Egolf offered that it could be an oversight but that is not known and since it is not known "they must be treated like any other miscreant who doesn't show up when they are supposed to."  The vote was 5:0.

Read Douglas Brill's Express Times coverage for more.

Alfero Construction Company Land Development Plan (Karl Kline, Solicitor) - Kline said that "these miscreants" did not show up tonight and did not show up before the Planning Commission either.  Keystone Engineering's letter contained 32 items that have not been addressed.  Kline noted that the BoS can vote to deny the land development based on the comments in the review letter.  Keystone will provide the details of the SALDO (Subdivision and Land Development Ordinance) rules.  The vote was 5:0 to deny.

Appointment of Township Engineer (David Howell, Supervisor) - Howell said that the selection of an engineer has been a long process and that Chuss, chairman of the public works committee, has done an excellent job in the screening of applicants. 

Chuss said that it has taken a few months and that it has been a long time (five to seven years) since the Township looked to see what other engineering firms were "out there."  He added that the current Township Engineer has done an excellent job.  Chuss highlighted the selection process:

• It was agreed that the selection would be done by December so that the new engineer could start in January.
• Township Manager Schnaedter, DPW Director Roberts, and Zoning Officer Weis were heavily involved.
• There were 31 applicants.  The committee narrowed the field to seven and they were interviewed in October. 
• The committee recommended four firms to the Board and the current Board, Supevisors-elect, and staff "discussed the advantages and disadvantages and pros and cons" of each firm.
• It was decided that December would be the transition month.

Chuss offered that it is a very difficult decision since all of the candidates are excellent.  Howell added that in his four years as a Supervisor, he's never been involved in a decision this difficult.  He said that the timing was difficult, too, since it occurred in an election year and there is only one meeting left.  Howell said that involving the Supervisors-elect was important so that they can be comfortable in 2010 with a decision made by the 2009 BoS. 

Chuss made a motion to appoint Gilmore Associates and requested that it be effective immediately.  Egolf seconded the motion.  After Kline explained that a transition period is obviously needed and that their rates will be set at the 2010 Re-org meeting, Chuss amended his motion to state that Gilmore Associates is the selection of the Board to be appointed at the Re-org meeting on January 4th 2010 and that the transition begin immediately.  Egolf seconded the motion.  Howell offered that the 5:0 vote showed the solidarity of the Township. 

Representatives from Rettew and Spotts, Stevens & McCoy were present and Howell said that the Board was really impressed with their presentations and that he was sorry there wasn't another job for them as well.  No one was there to represent the winning engineering firm, Gilmore Associates.

The four finalists were: 

• Spotts, Stevens & McCoy
• Rettew
• Gilmore Associates
• Pennoni

Increase Sports Signup Rate for 2010 (Jim Farley, Finance Manager & Bob Egolf, Supervisor) - Farley said that the Township budgeted $72,000 for sports and agreed to hold the line at that amount for 2010.  The Athletic Association (Forks Township Youth Sports Organization) has requested $110,000 for 2010.  The bottom line, said Farley, is that they have additional needs - referees and umpires in particular.  After an analysis of other municipality sports fees, it was recommended that Forks' fees be increased by $10 (from $40 to $50) per child per sport.  Currently, the $40 is split evenly between the Township and the FTYSO.  This will close the gap by $17,000 and the Recreation Board will use its surplus funds for the balance.  Farley offered that they will work with the FTYSO to analyze how the programs are run and to look for opportunities to cut costs for next year.  Egolf made the motion to ask the BoS to endorse the increase.  Nicholas seconded.  The vote was 5:0.

Comprehensive Plan (Dean Turner, Planning Commission) - Howell said that the BoS held a public hearing on the Comprehensive Plan on Tuesday night.  It was productive and a number of changes were talked about.  The written changes arrived today and Supervisors have not yet had a chance to review them. 

Dean Turner (PC Chairman) noted that he, too, has not had time to review the changes.   Kline said that according to the MPC (Municipalities Planning Code) if, after the hearing, the proposed plan is substantially revised then another public hearing must be advertised and held.  The question is, "Do all the changes constitute a substantial revision?"  Kline offered that if the BoS is satisfied that at the end of the hearing, all the changes wanted were noted, it can set a date for another public hearing as well as a date for consideration for adoption of the plan.  

Turner suggested that the BoS review the changes and have a final version available to the public for review before the (to be) advertised next hearing. 

Nicholas made a motion to table the Comprehensive Plan until the December 17th BoS meeting.  It passed 5:0.  Please read Tom De Martini, Morning Call for more.

Planning Commission request to advance Solar Ordinance (Dean Turner, Planning Commissioner) - Turner said that Kline forwarded both the proposed Solar Ordinance and Historical Resources Ordinance to the BoS in June.  The historical properties list will show all existing structures in the Township that are over 100 years old. 

The original plan was for the two ordinances to be moved forward together however there is still more to do on the Historical Resources Ordinance.  The Planning Commission (PC) needs to develop procedures for properties to get on the list, to change classifications, to be removed from the list, and to be elevated on the list.  

Turner asked for permission to hold a PC public hearing for only the Solar Ordinance at the January 26, 2010 PC workshop.  The Historical Resources Ordinance hearing will be more complicated and expensive since it will involve the notification of property owners.

A motion was made (by Chuss) to approve the advertising of the PC January 26th public hearing for the solar update to the Zoning Ordinance and SALDO (Subdivision and Land Development Ordinance). 

Kline said that, per the MPC (Municipalities Planning Code), copies must be sent to the LVPC (Lehigh Valley Planning Commission) along with a notice of the public hearing as well as when it will be considered for adoption by the BoS. 

The motion passed with a 5:0 vote.  Either Kline or Weis will write the advertisement.

Executive Session - There was an Executive Session for a personnel matter earlier, at 7 PM.  No action was taken. Supervisors-elect attended.

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.

Hearing on Recreation Land Design - 4/16/2009

Public Hearing to gather information on design of Recreation area at Newlins & Richmond Roads - 6:30 PM

Township Manager Rick Schnaedter explained that the Township is applying for a parks planning grant from the PA Department of Conservation and Natural Resources (DCNR) for the 53 acre Township owned parcel at the intersection of Newlins and Richmond Roads.  A hearing to solicit public input (what the community wants for recreation) is a part of the application. 

In 2003 the Township had a feasibility study done for both recreation and a public works garage.   Schnaedter showed a map of the area.  It shows power lines running through the parcel.  He noted that there are restrictions for what can and cannot be done near power lines.  Schnaedter pointed to the area towards the east side of the parcel that the 2003 feasibility study suggested for the public works garage. 

Schnaedter said, too, that the Township conducted two recreation surveys (the most recent was in 2006).  The grant will allow a consultant to visit the site, discuss recreation uses with the "various organizations, the public, the Board of Supervisors, the Rec Board and develop a plan" for the site that will be similar to the central park "that we are so proud of."  He then asked for audience suggestions.

Public Comments:

Chris Henry - Forks Township Athletic Association (FTAA) Baseball Commissioner - said that there is a definite need for baseball fields.  He said that they broke a record for sign-ups this year and that at this point they are using retention basins.  He said that at the lower age levels where they had five to six teams last year, they have eight this year and anticipate 10 teams next year.  He said too, that there is a need for more lacrosse fields.  If the Forks Elementary School expands, they will lose the use of two fields.  Henry said that they need four more fields with 60 ft. diamonds.

Ty Corallo - FTAA Softball Commissioner - said that there are a record number of teams on the fields this year and that, at the lower age levels (5-6 year olds and 7-8 year olds) they are trying to get 10 teams onto one field.  T-Ball is using Braden Park but there are no defined diamonds there, and no backstops, etc.  At yet another level there are 12 teams trying to get on three more fields.  He asked for two additional fields or that the fields at Braden be developed.  He said that there is increasing interest at the lower age levels and that the fields are so used that the teams cannot get practice time.  He added that the Community Park facilities are fantastic and that tournaments spread goodwill around the area - not to mention, bring in dollars to the Township.  Tonight the Community Park is packed.

Chris Henry said that there are 25-27 teams using five baseball fields.  The Winchester field and the 90 ft. diamond at Lafayette/Meco are being used.

Jeff Braido - said that he grew up in Forks Township and has seen the Township grow since he moved back four years ago.  He said that there is definitely a need for recreational space.  His own kids are getting involved in sports and more fields are needed.  Braido said that he lives on Crown Drive in Vista Estates.  His backyard up against the (Newlins/Richmond) Township land and he is "a little worried" about the location of the public works building - as drawn - near existing houses.  He suggested it be moved nearer to Newlins or nearer to Richmond.  He is concerned about the noise and traffic in and out of the building, especially early in the morning.  Braido said that he is in favor of as many athletic fields as possible to give kids as much opportunity as possible in their younger years. 

Chairman Howell asked how the fields might be multipurpose - what sports can share the same acreage?  He said that there is pressure on recreation land and at (what developers are paying) $80,000 an acre it is "out of site" for the Township to buy more property.  Corallo said that at the Community Park there are practice fields that straddle each other but the fields get over-used and because of the heavy use, the grass  cannot "get back up."  Corallo said too, that the FTAA is united in stating that the Township needs more types of fields.

Jim Wideman (D write-in candidate for Supervisor and former Planning Commission member) - said that he lives "next door" to the Township land and that he would prefer a more leisurely park with a pavilion, trees, and a walking path - something more recreational.  Wideman said that the Community Center/Park is almost all organized sports and that there is "a large senior community that would love to have a park - to take their families to..."  As to the public works garage, he suggested that there are alternative sites in the industrial areas more suited to trucks.

Howell asked (FTAA) about the recreation land as open dusk to dawn or is it envisioned with night lights?  The FTAA just wants a place for kids.  Supervisor Nicholas remarked that it's very expensive to operate the lights.  Supervisor Miller said that right now there are only two fields under lights.

Nicholas asked if the public works garage siting is allowed under the recreational grant application.  Schnaedter said that the area for the garage would not be included in the planning.  Nicholas added that she, too, thought there are other locations for the garage.

Howell said that the current DPW site is now too small and is poorly laid out.  Schnaedter offered that one of its disadvantages is its proximity to the Delaware River.  Zoning Officer Tim Weis said that the elevation change on the property is 50 or so feet and that public works vehicles are stored off-site.  DPW Director Mark Roberts said that they are stored in five different locations.

Supervisor Chuss said that the 2003 study recommended a detention basin on the (recreation) site.

Roberts said that seven to eight acres are needed for a new garage. 

Weis said that the grant application is to look at what is feasible for the site.  Miller offered that the best land is along Newlins Road and that because of the slope, the other parts would have to be terraced.  He said, too, that URDC designed the Community Park and it is one of the best community parks in the Lehigh Valley.

Howell asked if the grant would consider all of the Township's recreation land/needs.  Schnaedter answered that the grant is just for the development of this specific site.  He added, however, that the input about what is needed, for example at the Braden Park and at the five acres behind the Community Center, will help in planning, to "take some of the athletic burden off of this site."

Chuss said that he would like an overall recreation plan in place so that it could be incorporated by the consultant into what can be done at the Newlins/Richmond site.  And, he said that it would be nice to have the Comprehensive Plan (and the recreation plan) in place before the study is begun.

Schnaedter said that Towamensing got at $50,000 grant to develop a 43 acre park.  There is a 50% match.  The application deadline is April 22nd and it will be eight months until an answer is received.  After that, the process will take some time.  Howell said that there will be ample time for more public comment.

Nicholas said that a pool was number one on both Township recreation surveys and she thinks land should be set aside for one - even if the land is used as fields in the near term.  She also wants volley ball courts.

Supervisor Egolf said that at the Monday night Parks & Recreation Committee meeting, football, soccer, and lacrosse were represented.  He said that every outdoor sport is vying for the fields.

Howell asked that an inventory of all the detention ponds be taken to see which are suitable for other activities - "anything from a dog park to lacrosse."

Schnaedter thanked everyone for coming and the hearing was adjourned.