Showing posts with label Recreation Board. Show all posts
Showing posts with label Recreation Board. Show all posts

Saturday, May 08, 2010

BoS Meeting Notes - 4/15/2010

Regular Meeting - Agenda

At this meeting, Supervisors learned:

  • The hope is that the new fire engine will be in service by Forks Community Days.
  • The public works garage preliminary plan presentation before the Planning Commission is not far off.
  • The Community Center website calendar now has content!
  • Waste Management wants to hold its rate through August of 2011.
  • The Forks Historical Society's (very attractive) photo display is now on view at the Community Center.
  • The Kesslersville Road stormwater project may be one of the few in Northampton County to get FEMA funding. 
  • Kimmel Bogrette may have some input into the amphitheater design. 
  • Two tot lots were approved!
  • And, Weis Market is on the move!

 Public Comments (non-agenda)

  • Brett Morrow - Howe Street resident said that he was before Supervisors two or three years ago with a problem in his neighborhood - an Easton Auto Body flatbed truck parked on the street by renters. The truck was leaking oil.  The truck is now smaller and is parked on gravel behind the house.  He has a new problem now.  Next door neighbors for the last three weeks have two full sized mattresses leaning up against the house.  "The property is not maintained whatsoever."  There are three basketball hoops in the roadway.  Mr. Morrow reminded the newly elected Supervisors that a lot of them walked his street when they were trying to get elected.  He said that neighborhood property owners are proud of their properties.  Yet, some have erected fences "right on" property lines and he thinks there may be zoning violations.  "I am an attorney and will be a pain if I have to be."  His real question though was what steps can he and his neighbors take to correct the eyesore next door to 830 Howe Street.  He said it is affecting the value of all of the properties.  Chuss suggested that he speak with Zoning Officer Tim Weis and Township Manager Rick Schnaedter.  Chuss said, "If need be, we'll address it."  Morrow added that one of his neighbors with a basketball hoop is an Easton policeman and he was told to move his hoop off of the street. 

Supervisors Comments

  • Supervisor Chuss welcomed all the EAHS students and told them that they will have to stay until the end of the meeting to get their papers signed.  He also said of the 2010 census that the PSATS (Pennsylvania State Association of Township Supervisors) response rate is up to 70%.  He requested that any who have not filled out their census forms please do since a lot of aid and decisions regarding voting are made based on the census.

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 outstanding debt is $11,428,627.

Standing Committee Reports:

  • Public Safety - Supervisor Egolf - reported that the committee met last night at 7:15 PM and covered quite a few things.  Chief Dorney said that they discussed National Night Out activities (for August) and concern over motorized scooters and young kids.  Information will be posted on the Township website.  Fire Chief Chapman said that the new fire engine begins production on 7/8/10 and the estimated completion date is 7/15/10.  He expects it to ship the beginning of August.  Chapman said that it should ship the first week of August and he hopes to have it in service in time for Forks Community Days. 
  • Public Works - Supervisor Howell - reported that the committee meeting was cancelled because there were no significant pending matters for discussion.  He reported, too, that the Planning Commission (PC) saw a presentation of the public works garage conceptual plan - by Kimmel & Bogrette.  The process is still in progress and there are no major delays.  There are still some issues to be decided regarding the vegetative roof, the type of radiant heat, and etc.   The preliminary plan presentation to the PC is not far off.  The public will be alerted.
  • Parks & Recreation - Supervisor Rogers - said that the committee met on April 7th and that Dan Martyak (president of FTYSO - Forks Township Youth Sports Organization) is working with Finance Manager Jim Farley to come to some agreement about an online signup tool for sports.  Also:
    • The walk around of the five acre parcel has been delayed since Martyak has been unable to schedule it with resident Eric Konecke.
    • Martyak reported that the FTAA (Forks Township Athletic Association) special liquor license was a "once and done" for the 250th celebration.
    • Martyak said that he is open to let BoS look at at the FTAA records at any time.
    • The Recreation Board reviewed their five year plan at their last monthly meeting.  A suggestion was made that the Recreation Board consult with the PC for feedback, ideas, and input.
    • Four minor changes to the Recreation Board Ordinance were made.  It is being typed and will be forwarded to Ed Moore of the Recreation Board.  Then it will be presented next month at the Parks & Recreation Standing Committee meeting.
    • The Community Center basketball season has ended.   It was the largest season ever - 30 teams.  Nine made it to the playoffs, four moved on to the semi-finals, and a girls team won a league championship.
    • Outdoor spring sports are now in session.  The Community Center will now start to host club sports such as AAU.  Rogers said that these sports are income producers.  There will be a summer basketball league from June through July - with 148 teams.  Last summer the Community Center "made about" $17,000 from the summer league.
    • Community Center coordinator, Don Miller wants some things considered re. Braden Park - a sand volley ball court, playground equipment, and the fee for the pavilion rental.  Schnaedter, Miller, and DPW Director Roberts are working on a proposal that includes placement, dimensions and costs.  The presentation target date is the May 6th BoS meeting. 
    • The Community Center website calendar will be updated with daily CC programs.  
    • The next meeting is Wednesday, May 5th at 6 PM in the Municipal Building.
  • Community Relations - Supervisor Chuss - said that the committee met on April 12th.  The newsletter is out to homes.  The next target dates are 7/1/10 (with May 15th as the article deadline) and 9/1/10.  December 1st is the target date for distribution of a Township calendar and a new map.  Chuss said that the committee will meet with New Horizons, the Township website provider, at its May 10 meeting (4:30 PM) in the Municipal Building.  (Note:  The Township website designer is New Arrival Studios.)  They will be discussing potential enhancements to the website.  Chuss also reported that Mr. Brian Lokitus is the president of Forks Community Days.  Other officers have been appointed.  Lokitus is also the president of the Business and Commerce Association of Forks (BCAF).  Sponsors and donations are being solicited for Community Days.  The committee meets the third Monday of the month at 7 PM at the Community Center.  The Community Days event is scheduled for the second weekend after Labor Day.  Jack Fatzinger of Stockertown brought some of his art work for consideration by the Township.  It was discussed and will be "considered possibly in the future."  Tim Weis (Zoning Officer) is working on a welcome packet for new residents.  Schnaedter is recommending that it be submitted to a PSATS contest for welcome packets.  Schnaedter thinks it will probably be an award winner.  The Forks Arts Society met last night at the Community Center and fifteen people attended.  All were enthusiastic.  A draft mission statement and bylaws are being worked on (in order to establish it as a formal organization of Forks), and one member is creating a Facebook page.   Forks painter Charles Hanson showed some of his artwork.  Chuss said it was  impressive.  The next meeting is Wednesday, May 19th at 7:30.  Merrit Shuler (sic) will do a bonsai demo. 
  • Finance & Administration - Supervisor Billings - said that the committee met yesterday at 6 PM.  Finance Manager Farley said they reviewed the 2008 Recreation Board audit.  It was received earlier this year from the auditors and it was deemed satisfactory with a few minor recommendations.  He is working with the Recreation Board to tighten controls.  Waste Management contacted the Township and said that it would like to hold last year's prices through August of 2011.  A final proposal will be sent to the Township sometime in May.  Billings said that the PEMA loan for the fire truck will be an agenda item next month.

Township Manager's Report - Schnaedter said that Supervisors have a copy of the $46,000 park planning grant application in their packets.  It is for the recreation land at Newlins and Richmond Roads and is a fifty percent match.  The needed resolution to go forward with the grant process was passed with a 5:0 vote.  Schnaedter also reported that the Forks Historical Society photo display is now on view at the Community Center.  He said that it is very attractive.  Lastly, Schnaedter said that the PSATS annual conference starts this Sunday.  Chuss and Billings may attend. 

Engineer's Report - Muller reported that the sanitary sewer draft specifications have been completed.  They have been delivered to DPW Director Roberts for review.  The Indian Trail grading and milling is now in design.  It has been reviewed and he and Roberts walked the site yesterday.  They will be trying not to touch curbing and inlets in order to save money.  The Sullivan Trail sanitary sewer is already in design.  He and Roberts have also walked it.  Some additional feet may need to be added to the project.  And, Muller reported that he spoke with FEMA and NORCO regarding the Kesslersville Road project.  It was applied for in 2008 and may be one of the few NORCO projects to get FEMA money.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

Resolution # 100415-1 Approval of Timothy Belon Inter-municipal Liquor License Transfer (Karl Kline, Solicitor) - Kline explained that there was an April 1st hearing with Mr. Timothy Belon for an inter-municipal liquor license transfer.  It used to be that in order to get a liquor license in a municipality, it had to be purchased from another establishment in that municipality.  The rules were changed a few years ago to allow buying one from another municipality on the condition that a public hearing be held. 

This license transfer was approved by the Board and the formal resolution is needed by Mr. Belon to send to the PA Liquor Control Board.  The license is from Danielsville and is being sold to Delaware Drive LLC, the sole owner and manager.  Because the ownership was not mentioned at the hearing, Mr. Belon needs to prepare a supplemental application for submission to the Township and needs to be present at tonight's meeting to answer any questions from the Board.  Kline said that he took the liberty of revising the resolution to the LLC.

Belon said that he was not aware of the regulations at the time of the application. 

Chuss asked if the only change is the name.  The answer was "yes."

Billings asked Kline if the liquor license will be owned by the LLC.  He answered that it would be and added that one never wants to own a liquor license individually because if there is a liability because of someone misusing the alcohol, the liability would be against the individual owner - who would stand to lose all of his/her personal assets.

Howell made the motion to approve.  Egolf seconded.  The vote was 5:0.

Municipal Amphitheater (Rick Schnaedter, Township Manager) - Schnaedter noted that the bids for the amphitheater were opened a few weeks ago and the low bid was Bracy Contracting at $360,000.  The item was tabled and he was asked to explore other alternatives.  He, Mark Roberts, and Tim Weis met with Recreation Resources, Inc. of Kennett Square, PA, the designers of this Kannopolis, NC bandshell installation.   They got prices for a downsized structure, a concrete pad, and the construction of the building.  They found that there are too many variables based on the information at hand.  The Township would also need an architect and engineer since this is beyond the scope of its personnel. 

Chuss asked if other companies do amphitheaters.  Schnaedter said that he was not aware of them. 

Billings asked the expiration date on the current bid.  Schnaedter said that the bid is good through 6/8/10.   Chuss said that he is supportive of the amphitheater but is sounding like a "broken record" because the costs are pushing up to $500,000 and he has trouble grasping anything over $300,000.

Chuss asked if the Board wants to do anything with the Bracy bid or if it has an alternative?

Howell said that Kimmel Bogrette is building a (probably) award winning public works building for Forks.  He suggested that Schnaedter sit with Kimmel Bogrette and show what we have and ask for alternatives in materials - and other ways to reduce construction costs based on our plans.  Howell added that Martin Kimmel, because of his current engagement with the Township, will likely be quite reasonably priced. 

Chuss said he thought it a viable alternative.  He also wondered whether or not the Planning Commission (PC) can help or if Township Engineer Scott Muller can help or if Schnaedter or Muller can inquire of PSATS (Pennsylvania State Association of Township Supervisors) since others may be building amphitheaters.   

Former Supervisor Bonnie Nicholas said that if the Modern Concrete panels are removed and replaced with brick, it will save money.  She thought a laid off brick layer could do the same thing. 

Schnaedter said that he will see Tim Edinger (formerly of CMX) this weekend and "will run it by him."

Mark Mulrine of Wagon Wheel Drive said that he is an advocate of band shells.  He asked if we had already spent $500,000 looking into this.  Chuss answered that we have spent $49,000.  Mr. Mulrine asked where the funds will come from and Schnaedter replied that developers have paid fees into a fund for recreation and leisure activities.  Mr. Mulrine wondered if the funds must be spent by a certain time?  Howell remarked that that is a very interesting question.  Mulrine asked, "What's the rush to spend an awful lot of money here?"  Chuss said that a year (and $50,000) has already been spent on it and that developers might ask for their money back if it isn't spent on recreation.  

Mr. Mulrine suggested using the City of Easton's amphitheater.  It is only used by the city three months of the year.  A lot of money could be more appropriately spent on year round things.  The City of Easton would probably be more than happy to rent it to Forks. 

Using the Eddyside pool as an example, Howell noted that it is a wonderful pool and if Forks builds one, it will be the death knell of Eddyside.  He said that he sits on a number of boards in Easton and "a large nut to crack is to get people from Forks and Palmer to come to Easton."  They don't.  The Easton amphitheater is wonderful asset that they choose to ignore.  Forks' amphitheater will be paid for in large part by local businesses. 

Mr. Mulrine asked who pays for the bands and the cleaning?  Chuss said that we have staff available for that and in addition the fledgling Forks Arts Society (now renamed the Forks Area Arts Society) will be finding acts for the amphitheater. 

Chuss said that the Nazareth bandshell feedback is positive.  This will bring more activities for the "age challenged" Forks residents.

Howell said that when it is built, "we must bring people to it."  He spoke with a Musicfest promoter who would like to have "a pay per view event" in the new amphitheater.

Egolf made a motion to give the Township Manager permission to continue researching the construction of an amphitheater to to get a report to the Board within a month.  Howell seconded.  The vote was 5:0.  Billings made a motion to table this action item.  It passed 5:0.

For more details, read Madeleine Mathias (Express-Times).

NEW BUSINESS

Weis Market – Approval and execution of developer’s agreement (Karl Kline, Solicitor) - Kline explained that on April 19, 2007 Weis Market got its final conditional plan approval.  There were a number of challenges by property owners - all of which were dismissed -  then there was a recession and a decline in the real estate market. 

Weis is now ready to move forward.  The land development improvement agreement is signed.  The Township has a certificate of liability insurance and the Letter or Credit has been received.  They are ready to proceed.  The last obstacle is the needed PennDOT highway occupancy permit (HOP) for the improvements to the intersection of Uhler and Sullivan.   According to Mr. O'Hara from Weis, they are prepared to move forward and expect to have the HOP in place in the next 30 days.  They are pursuing a parallel path by doing their drawings and engineering and getting their permits in line and hope to open for business in early February or March of 2011.

Chuss asked when the ground breaking will take place.  O'Hara said that they are prepared to start the site work when the final approval is in process - so it can start in the next month or so. 

Howell asked if there will be any issue regarding which road to use when doing the sitework, Ian or Braden?  They are required under the agreement to use Ian.  Kline noted that that is why Ian was not paved with a top coat and Braden was. 

Chuss remarked that it's great.

Howell observed that the Giant has awoken and prepared for competition.  Weis has a wonderful location and will attract lots of shoppers from the north, east, and west.  It will have gasoline.  He suggested an upscale wine and spirits store like the one on Route 248 for the 8,000 - 10,000 square feet of store to be built later. 

Howell moved to approve.  Egolf seconded and the vote was 5:0.

Read Madeleine Mathias (Express-Times) for more details.

Resolution # 100415-2 Dedication of Street - Creek Court – Estates at Bushkill Creek (Karl Kline, Solicitor) - Kline said that this subdivision off of Bushkill Drive has one street completed.  It was approved by the former Township Engineer.  Kline said that it is appropriate for the Board to officially accept it and to make it part of the Township street system.  The resolution was approved 5:0.

Approval for the Braden Airport and Vista Estates Park Equipment (David Billings, Supervisor) - Billings sought approval for play equipment at both Braden Park and Vista Estates.  He said that it is a continuation of the plan started by Howell and Egolf in 2008 and that it was reviewed by the Recreation Board.  Vista Estates petitioned the Board in 2008 and sent a letter of support from the residents and the neighborhood association. 

Chuss said that a recommendation by a subcommittee does not imply approval and that this is putting the cart before the horse.  He called it "premature at this time" since there is no way to know what is and isn't planned and the fate of the parkland at Richmond and Newlins is still unknown.  Also, the bikepath work is in progress.  He added that he is confused by the agenda topic and that it should be before the Parks & Recreation Standing Committee for recommendations. 

Billings said that this has gone through the process and that the Vista Estates tot lot will cost $14,000 out of the $1.3 million recreation fund - and it is highly appropriate to approve.

Howell said that Vista Estates park was part of the initial plan.  There were three parks planned, Vista, Penn's Ridge, and Ramblewood.  Ramblewood was abandoned and the money was donated to the Forks Elementary School park project.  The Recreation Board five year plan includes Vista Estates - it is to serve a dense community and take pressure off of the main Community Park.  When Braden Park was initially introduced, Don Miller was not in favor of it.  Now he wants it to supplement the facilities at Braden, a destination park.  In fact, he reports that the park is not "saleable" for large events because it has no play equipment and no volley ball court. 

Rogers asked if the Braden request was separate from the Miller/Roberts/Schnaedter effort or if it is to coincide with it. 

Chuss said that sand is not cheap and that volley ball courts require special sand.  He wants to know the costs before approval.  He said that he has been screaming for a five year plan from the Recreation Board.  The one they have is a draft.  He offered that it "bothers him badly" that the Vista Estates people will be screaming about the proximity of the Newlins Park.  He has no objection to Braden because it is an established park. 

Howell said that Vista also has a park, the baseball field, and no residents have complained about it.  What is intended to be installed is a 2-12 year old play area with a swing set - in a remote area.  The Township already knows the costs of every piece of apparatus that is to go there.  Howell has a seen a draft of the five year plan and it deals with macro issues like a field house and a bridge over Sullivan Trail.  Little kids get stuck in the bureaucracy of Boards of Supervisors.  He finished by saying that he does not want to push this recreation project into a "bureaucratic dust bin."

Cornelius Brons, president of the Vista Estates Homeowners Association, said that he promised the mothers in the neighborhood that he would look into asking about the park.  They want it.  There are many young families in Vista and the Remaly tract is not decided.  They want something for young children.  He noted that the "vibrations" are down on the DPW garage plans and that there is land on Crown Drive.  There is an adjoining Segal & Morel tract whose families may come up and use the Vista tot lot.  It will benefit three neighborhoods, Lafayette Estates, Segal & Morel and Vista Estates.  There are traffic issues with the ballpark - cars flying down Richmond Road and flying down Winchester - there are no stop signs.  Nothing stops traffic issues.  What Mr. Brons would like is a tot-lot in a secure area of the neighborhood where little kids don't have to cross the street.  Currently mothers are driving their kids to the school playground.

Chuss said that he wants everything to be in the Community Park because it is easier to police.  He said too, that he has had complaints about the Penn's Ridge park... "Why are they getting one.  I want one too.  I'm as far as they are." 

Billings made a motion to approve the Vista Estates play structure (for toddlers ages 5-12) and swing set (for toddlers ages 5-12) and, if possible, some benches and picnic tables - all capped at $15,000.  Egolf seconded.

Egolf noted in discussion that the problem is that the people who will use the equipment are not present.  If it were for sports, the auditorium would be full of coaches and commissioners.  There are no 5-10 year olds here.  He has been an advocate for kids and has been working on this for years.  In fact, he said he thought it a "no brainer - who would not want to spend some money out of a pot of nearly $2 million - for kids?"  From what he gathers sitting on the Board, there are very few people in Forks who think kids deserve swing sets.  If the location is wrong, move it.  It is not the astrodome - just a simple swing set for a bunch of kids who live in the community - no taxpayer money is being used.  He added that if there were a room full of kids here with their moms and dads, there would be a resounding "YES." 

Rogers said that her issue is not with children.  She just wanted to know if the two (Braden) issues are separate efforts of if they are going to be joined.  Howell noted that the motion is on Vista Estates.

Chuss remarked, "Ready, spend, plan is not fiscally responsible." 

The vote was 3:2 with Chuss and Rogers casting the nays.

Billings made a second motion to purchase a Braden play structure (for toddlers ages 5-12), a swing set (for toddlers ages 5-12), a seesaw, benches, charcoal grills, and a volley ball court with a cap at $25,000.   If more money is needed because of the volleyball court, the Board can be approached again.  Howell seconded.

Rogers asked if the efforts will be coordinated?  Billings replied that the current efforts would be leveraged. 

Chuss asks if $25,000 is enough.  Schnaedter said that there are some location concerns.  DPW Director Roberts offered that at Penn's Ridge there is a 45 x 90 foot safety zone.  Miller's plan will need some shifting. 

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

For more, please read Madeleine Mathias (Express-Times).

Executive Session - There was an Executive Session to discuss potential litigation, potential acquisition of real estate, and litigation.  No action was taken during or after the executive session and the meeting was adjourned. 

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Sunday, April 11, 2010

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.

Sunday, March 07, 2010

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.

Sunday, January 24, 2010

Recreation Board appointments

Reprinted from the FAC website:  On January 21st, Forks Supervisors interviewed three candidates for the two open spots on the Recreation Board.  A fourth was interviewed on January 12th.  Two were incumbents and two were new faces.  After an Executive Session discussion, Bev Dalrymple and John O'Neil were appointed to the two open five year slots.  

Mr. O'Neil is a re-appointment and Ms. Dalrymple is a new face.  She brings support for both neighborhood parks and varied programs for adults and non-sports minded children to the Recreation Board mix. 

Sunday, January 10, 2010

2010 BoS Re-Org Meeting and Regular Meeting - Notes

SWEARING-IN OF NEWLY ELECTED OFFICIALS

Prior to the start of the BoS Re-Organizational meeting, (newly sworn-in herself) Magisterial District Judge Jackie Taschner was kind enough to come to Forks to swear in our two newest Supervisors - Michele Rogers and David Billings, our new Tax Collector - Anne Bennett-Morse, and our newest Elected Auditor, Sandra Hanks. 

ANNUAL RE-ORGANIZATION MEETING

Every second class township is required to meet on the first Monday of the new year (unless if falls on January 1st) to re-organize and to elect a chairman, a vice chairman, and a secretary/treasurer.  This year the Board, did just that, it elected officers and voted on positions and appointments - although some were not unanimous and some were accomplished in exceptionally faster than normal re-org meeting speeds.   (See Bill White - Morning Call - for Northampton County Council Sunshine Act rule bending.)

For 2010:  

  • Chairman - Erik Chuss - Nominated by Egolf/seconded by Rogers - 4:1 Billings cast the nay.
  • Vice Chairman - Michele Rogers - Nominated by Egolf/seconded by Chuss - 4:1 Billings cast the nay.
  • Secretary/Treasurer - Robert Egolf - Nominated by Rogers/seconded by Chuss - 5:0.

PNC Bank and PLGIT were voted in as depositories for Forks Township. Signatures of either two Supervisors or one Supervisor and the Township Manager are required for withdrawals from accounts including from the general fund, the utility fund, the escrow account, the tax account, etc.

  • Township Manager - Rick Schnaedter
  • Assistant Secretary and Assistant Treasurer of the General Fund - NONE
  • Township Solicitor - Karl Kline ($150/hr - up from $145 last year)
  • Alternate Township Solicitor - Steve Goudsouzian ($150/hr - up from $145 last year)
  • Solicitor for Zoning Hearing Board - Michael Shay
  • Engineering Firm - Gilmore & Associates - 3:1:present (vote withheld)
  • Township Engineer - Scott C. Muller - Gilmore & Associates 3:1:present (vote withheld)
  • Auditing Firm - France, Anderson, Basile & Company, P.C.
  • Earned Income and Local Services Tax Collector - Mary Ann Kessler
  • Assistant Collector - Carolyn Bucar
  • Business Privilege Tax Collector - Sandi Rossi

The 2010 meeting schedules for the Board and the Planning Commission were set. The Board of Supervisors will meet on the first and third Thursdays of the month at 7:30 PM with a possible third meeting (if necessary) on the fourth Thursday. Thirty or 60 minute workshops may be scheduled before or immediately after the regular meetings.

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

  • Public Safety - second Wednesday - 7:15 PM - Egolf is the senior member 
  • Finance & Administration - second Wednesday - 6:00 PM - Billings is the senior member 
  • Community Relations - second Monday - 4:30 PM - Chuss is the senior member 
  • Parks & Recreation - first Wednesday - 6:00 PM - Rogers is the senior member 
  • Public Works - second Monday - 7:30 AM - Howell is the senior member 

All meetings will be held at the Municipal Building.

The Planning Commission will meet on the second Thursday at 7:00 PM and the workshop sessions, which will be treated in the same manner as regular meetings, are set for the fourth Tuesday of the month at 7:00 PM.

PEMA’s Emergency Operations Plan was re-adopted.  It is unchanged from last year.

More appointments:

  • Emergency Management Coordinator - Richard Bassett
  • Assistant Emergency Management Coordinators - Tim Weis & Bryan Weis

The Board authorized payment of routine bills that may have penalties or interest if they are not paid before the next BoS meeting.

The Municipal Building's daily hours (open the public) were set at 7:30 AM - 4:30 PM Monday through Friday. Office employees’ hours range between 7:30 AM to 4:30 PM.  Hours for the Director of Public Works and for Public Works employees can vary from the standard hours (due to inclement weather, etc.)

Yet More Appointments:

  • Fire Chief - Charles Chapman
  • Deputy Fire Chief - Dan Dawson
  • Zoning Enforcement Officer, Building Code Official - Tim Weis
  • Flood Plain Permit Officer - Scott Muller - Gilmore & Associates - 4:1 (Billings cast the nay)
  • Assistant Zoning Officers - Matt Miller & Loretta Fuehrer 
  • Sewer Enforcement Officer - Scott Muller - Gilmore & Associates - 4:1 (Billings cast the nay)
  • Electrical Inspectors - Keystone Electric

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

The following appointments was made:

  • Vacancy Board - David Hoff - one year term - (incumbent and only applicant - no interview)

The Zoning Hearing Board will meet as needed on the second and third Mondays at 7:30 PM.  (Zoning Hearing notices are advertised on an individual basis.)

Lastly, these appointments were made:

  • Board of Supervisors' Voting Representative at PSATS (Pennsylvania State Association of Township Supervisors) Annual Convention - Rick Schnaedter
  • Principal to attend TRCOGS (Two Rivers Council of Governments) quarterly meetings - David Howell
  • Alternate to attend TRCOGS - Bob Egolf

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

REGULAR BOARD OF SUPERVISORS MEETING

Agenda

Public Comments (non-agenda) - none

Supervisors Comments - Egolf welcomed the new Supervisors, Billings and Rogers, and told them that they will enjoy the experience.  Chuss agreed with the sentiment.

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 $7,738,560.

Standing Committee Reports:

  • Public Safety - Supervisor Egolf - said that there have been no meetings since the last BoS meeting and the next meeting will be on the second Wednesday of the month at 7:15 PM.
  • Public Works - Supervisor Howell - reported that the first meeting of 2010 will be on the second Tuesday of the month at 7:30 AM.  DPW Director Mark Roberts announced that Sean Quick and Terry Hoff (sic) have taken and passed the National Certified Playground Safety Inspectors Test.  The certification expires in three years - when they can be retested.  They will make recommendations on repairs/replacement of all playground equipment.  Egolf suggested that a letter of congratulations be sent from the BoS.
  • Parks & Recreation - Supervisor Rogers - skipped over by the chair- no report. 
  • Community Relations - Supervisor Chuss - said that the next meeting will be this coming Monday at 4:30 PM.  He went on to say that in the past the primary responsibility of the committee has been the newsletter and the township map.  Chuss suggested that the committee's focus might be expanded to include the establishment of a (citizen group) Forks Township arts council.  This would be structured like the Forks Historical Society and entail:
    • Identifying township artists and promoting their works.
    • Placing sculpture, artwork, and memorials in parks and municipal buildings.
    • Identifying acts and events for the bandshell.

Howell offered that he is on the Board of ACE (Arts Community of Easton) and there are a number of members who are residents of Forks.  He suggested that Forks residents who are members of ACE would probably like to participate (perhaps as a Forks subcommittee of ACE.)  ACE wields influence in the region and that could be beneficial for Forks.  The major mission of ACE is arts education and it is a non-profit with grant programs.  Chuss said that it will be talked about at the "subcommittee."

Chuss then said that he would like to bring the newly formed Forks Business & Commerce Association under the chair of the Community Relations Committee.  He said this move would allow different members of the Board to participate in the organization. 

Howell explained that both he and Township Manager Schnaedter are members, however, it is not a Township group, it is a private group.  It is the association's board and he is a board member.

Chuss argued that he wanted the position to rotate.  Again, Howell explained that it is not an appointment by the Township but a term appointment per the the association's bylaws and rules.  He added that he and Schnaedter helped to found the group and that is why he was selected for their board (for this year.)  It is in a sense, an honorarium.   

Howell said that in 2006, when his standing committee structure was accepted by the Board, there was a sixth committee, the Economic Development Committee.  It was not put into place at that time because it was a difficult task to design a committee that would not be part of the rotation.  He said that should the Forks Business & Commerce Association be tucked in anywhere it should be in the Finance & Administration Standing Committee.

Howell offered that the association is to help bring businesses to Forks and to help sponsor events within the community (ie. in the amphitheater).  Chuss insisted that the association should be under Community Relations.  Howell said he didn't understand the problem since he is on both the association board and the Community Relations Standing Committee. 

Chuss asserted that he has been involved in economic development since 1993 and knows people in the group and will get in touch with them himself...

Howell reminded Chuss that the association has only been in existence for two and a half months and has a constitution and bylaws.  Chuss said, "They chose you?  I thought we chose you."  Howell again told him that "they" nominated him.  He asked what the problem is.  Chuss said he disagrees that Howell should serve his full term on the association board.  Chuss said, "They don't dictate to us.  We tell them who we will assign and allow everyone on the Board an opportunity."  Howell said that they may do that at the Township's suggestion but "they have spoken for the first year."

Schnaedter said that at an association executive committee meeting Howell was elected to sit on their executive board but that in terms of attendance, any Supervisor can attend the meetings.  He further explained that the Township is not guaranteed a seat on the executive board.  Chuss followed with... "So they dictate to us who is going to be on their economic... inaudible?" 

Schnaedter offered to provide the Board with another copy of the association's bylaws.  He said they have only had two meetings so far.

  • Finance & Administration - Supervisor Billings - said that the next meeting will be on January 13th at 6 PM.

Township Manager's Report - Schnaedter announced that the Forks Quarterly has won a PSATS second place award - for the second time in three years - in the 42nd Annual Township Citizens Communication Contest.  He thanked the staff for their assistance and participation in earning the award.

Also, Schnaedter said that he has received a request from Bob Reagan of the US Census Bureau for an out of the way spot in the Community Center to put a table and a few chairs where residents' questions regarding the 2010 census can be answered.   There will be a notice on the Township website.  There were no objections by the Board.

Engineer's Report - Muller - had no report.  He said that he has been working with Keystone Engineering and Township staff.  Billings asked if he was up to speed on any projects including those on tonight's agenda.  Muller said that he was not.  Billings said that he is disappointed that Muller did not "jump in" earlier.  Howell remarked that he is disappointed that he (Muller) was not at any of the recent Planning Commission and BoS meetings. 

Schnaedter said that he advised Muller that it was not necessary for him to be at any earlier meetings because Keystone was present. 

Kline noted that catching up will be a daunting task and he compared it to taking a drink from a fire hose.  Some of the projects started in 1999 and have a long history. 

Egolf said that he was pleased that Kline said that as he wanted Muller to know that this was not a contentious Board.  He added that the Township does not want cursory work... it wants "full depth" and that's what he thinks the Township will get.  He welcomed Muller to his new position as Township Engineer. 

Chuss asked Muller if he will look at the public works garage project in the next couple of weeks and provide any thoughts he might have.  Schnaedter said that he told Muller that until the Township gets the next phase from Kimmel Bogrette, there is nothing to review.  Muller was already given a copy of the sketch drawings. 

Muller said that he has indeed been working in the background. 

Solicitor's Report - Kline - reported on that on December 21, 2009, the PA Commonwealth Court validated Forks Zoning Hearing Board's decision in favor the of the Township and against KMRD in its Procedural Challenge of Forks zoning ordinances.  KMRD has 30 days to appeal to the Supreme Court.  If appealed, the State Supreme Court may or may not agree to hear the case.

Read the decision here - large file.   For more details read these articles:  Tony Nauroth -
December
23rd - Express Times and Riley Yates - December 24th - Morning Call.

The KMRD Substantive Challenge, the one that alleges that Forks zoning is discriminatory, is still in the Northampton County Court of Common Pleas.

UNFINISHED BUSINESS

None

NEW BUSINESS

Bethlehem Army Reserve Center - tabled previous meeting (Tim Weis, Zoning Officer) - For a full hour the Board asked questions of the Army Corps of Engineers and members of the Reserve Center who were present.  Not everyone was on the same page much of the time. 

Supervisors Howell and Billings asked about things that have concerned residents - traffic, live ammunition, solar panels, parking, use of the facility, number of employees, plans for future helicopters, types of vehicles, new hires from Forks, taxes, recreation fees, emergency plans, water recycling, etc. 

The Army Reserve's plans call for the use of humvees on Township roads, no live ammo (but weapons), garage space for trucks and equipment, unheated storage, a 32 foot anti-terrorism set-back, an assembly hall, two stories, no solar panels, no water recycling, etc.  There will be 22 full-time employees and the site will not be manned 24/7.  It will house Bethlehem's Wilson Kramer Army Reserve Center and a maintenance shop.  The move is part of BRAC, the federal Base Realignment and Closure program.

It will be built to LEEDS silver standards but, because of the cost, not certified. 

So far, no contact has been made with Police Chief Dorney to devise an emergency action plan.

The Army Corps has indicated that it intends to use infiltration for returning storm water to the ground.  Kline said that per the October Keystone review letter, approvals by outside agencies are needed as is a hold harmless clause regarding the infiltration drainage.  Kline said that beneath the site are Karst limestone formations and since that is like having Swiss cheese underground, flooding that Karst limestone with water is not a good idea.  It is asking for sinkhole trouble.  The public sewer line runs nearby but not through the area where voids have been found. 

On top of adding the Karst warning, the Keystone letter recommended signature blocks and that the LVPC add signatures to the plan. 

In discussion of possible economic benefits, Howell noted the extraordinary amount of tax exempt property already in Forks Township.  There are three cemetery associations, four churches, two elementary schools, Lafayette College property, LV Airport property, the Stryker Brigade, all the Township owned land, and the largest middle school in Pennsylvania.  He said that although two years ago, he voted "yes" for the Stryker Brigade, he was going to vote "no" now because he thought that this project is not giving back to the community. 

There was a question about whether or not the recreation fees that all other developers pay will be paid by the Army.  Howell suggested that if they are not paying the recreation fee, that they at least volunteer a stipend to the Township.  They will not be hiring residents, they will not be buying diesel fuel here (we have no dealers), they will not being paying local taxes, but they will hire a catering service to do their meals, and they will be using our infrastructure and emergency services.

The vote to approve the lot consolidation (two lots are needed) and the vote to approve the land development plan both passed 3:2.

Please read Christopher Baxter (Morning Call) and Tony Nauroth (Express Times) for more details. 

Alfero Construction Company Land Development (Karl Kline, Solicitor) - Mr. Nick Alfero told the Board that there was a miscommunication and that he was not aware that his land development project was previously on the agenda for the PC or for the BoS.  His contracted engineering firm, RT Consulting & Engineering, did not let him know.

He said that he was born in Forks Township and lived here for a time as well.  In fact, his company started in Forks Township.  His project will move the Alfero Construction Company back to Forks - on property it owns on Kuebler Road. 

Kline said that generally the issues cited by the Township engineer are resolved before projects are presented to the PC and the BoS so as not to waste time.  In this case, there was no response from Alfero's engineer to Keystone's letter.  Because of this and because the (planning) clock was running, both the PC and BoS had to reject the land development project in order to avert "deemed approval."

Dean Turner, Planning Chair, added that there was no presentation to the PC of the plan and therefore no explanation of what Mr. Alfero wanted to do in Forks.

Mr. Alfero said that he has new drawings that should satisfy all of the deficiencies cited in the Keystone letter.  It was decided that he will redo his plan submission as a brand new submission and once again pay the fee ($150).  Kline advised him to be certain that his engineer attends the PC meeting and addresses any and all review comments promptly.

Resolution # 100104-1 & 100104-2 – Waiver of employee contributions to pension plans (Karl Kline, Solicitor) - Kline explained that the Township auditors (France, Anderson, Basile & Company, P.C.) recommend doing this annually as opposed to doing multiple years at a time.  One resolution is for the police department in 2010 and the other is for the non-uniform employee pension plan for 2009 and 2010 (since it was not done last year.)  The police department contract expires in 2012.

Billings made the motion to pass the resolutions and Howell seconded.  The vote was 5:0.

Scheduling of candidate interviews for Boards and Commissions - After much discussion, the Board settled on Tuesday, January 12th at 7 PM for the Planning Commission and Zoning Hearing Board candidate interviews. 

This will get candidates for the PC chosen before the PC runs into quorum difficulties.  The PC has a seven member board with three openings.  Should they hold a meeting before at least one of the seats is filled and one current member is unable to attend, the meeting would need to be cancelled for lack of a quorum.

On January 21st, at 6 PM prior to a regular BoS meeting, the Board will interview candidates for the Recreation Board. 

The hope is that members will be chosen the same night as the interviews.  Schnaedter will notify the applicants of the interview dates and times.

All interviews are open to the public and will be held in the Municipal Building meeting room.

Executive Session - Held for personnel and litigation reasons.  No action was taken during or after the session and the meeting was adjourned. 

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

Saturday, December 12, 2009

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: 

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.