BoS Meeting Notes - 11/5/09

Regular Meeting (agenda)

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

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

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

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

Public Comments (non-agenda) -

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

Supervisors' Remarks: 

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

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $7,774,126. 

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

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

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

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

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

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

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

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

Hay also said that Winchester Drive is finally paved. 

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

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

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

UNFINISHED BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NEW BUSINESS

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

Executive Session - There was an Executive Session for a litigation matter.  The Supervisors-elect attended.  No action was taken after the session and the meeting was adjourned

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

Hearing on Recreation Land Design - 4/16/2009

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

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

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

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

Public Comments:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Schnaedter thanked everyone for coming and the hearing was adjourned.

BoS Meeting & Recreation Plan Workshop - Notes - 11/6/2008

Workshop 7:00 PM - Five Year Recreation Plan

Ed Moore of the Recreation Board was the spokesperson for the five year plan committee.  He acknowledged the help and input of Butch Scerbo, Jeff Bader, Jim Craig (also an Elected Auditor), and Bob Dilts. 

Moore detailed Forks' growth from 2003-2007.  He said that 1344 homes were built and that the population is now 14,500.  Moore said that the last five year plan was done in 1977 and that the October 2006 recreation survey was used to formulate the new plan.  The survey was sent to 5196 households and 1078 were returned - for a 21% response rate.  Of the 1078 completed surveys, 97 residents chose expansion of the walking/biking/jogging trail system as their first choice, 70 opted for a swimming pool (as first choice), and 58 preferred improved playgrounds and playground expansion (as first choice.)  (Also see:  FAC notes from Supervisor Miller's presentation of the interpreted survey results to the BoS - December 2006.)

Moore stressed that the new plan is dynamic, in that it can be changed in the future as needed.  Plan highlights by year include:

1. 2008 
   1. gather information and start a pool feasibility study
   2. preparation of a bid spec to recondition the four tennis courts
   3. review and update the master bike plan
2. 2009
   1. construct a bandshell
   2. look at building a dog park
   3. grade and seed the recreation land at Braden park, Lafayette (Meco?) park, and the DeWalt/Maloney field
   4. build restrooms at Braden park and Meco field
   5. erect an "all purpose" building at airport (Braden?) park
3. 2010
   1. install ball fields at DeWalt/Maloney park
   2. recreation fields at Lafayette and airport parks
   3. consider adding an additional pavilion and basketball court to Community Park
   4. review a bike bridge over Sullivan Trail
4. 2011
   1. consider building an outdoor ice skating rink
   2. acquire land for a possible sleigh ride and tubing park
5. 2012
   1. finish projects from prior year
   2. begin work on a new five year plan

Discussion:

Supervisor Nicholas asked if the only passive recreation in the plan was to continue the recreation paths and build a bandshell?  Moore said that the "all purpose building" will serve Township seniors who want dancing and aerobic exercise.  He added that the Community Center basketball courts are ill-suited for that. 

Supervisor Howell asked Moore if he thought that the Community Center could not be expanded?  Moore said that was a great question but he wasn't sure if the land around it was sufficient for expansion. 

Howell then asked if the lack of mention of neighborhood parks was because it was not on the 2006 survey?  Moore replied that the committee began work on the plan in June before they had the tabulated survey data and that the neighborhood parks discussions with the Parks & Recreation BoS Standing Committee began after June.  He said that they took that on as a separate issue (from the five year plan) and were waiting for the BoS to give them "some direction on how that was to go forward."

Howell said that he was hoping for a more comprehensive plan - one that wasn't just recreation and might include expanding the arboretum and addressing the traffic that adding more ball fields will bring. 

Supervisor Miller offered that the original park plan (from 1991) shows another parking lot - inside the park - from the Sycamore Avenue dead end.  Howell bet that other than Miller, there is not a single Supervisor who knows that there is a plan to use Community Park land for a parking lot. 

Howell said that he would have liked the plan to address the Community Center's deficiencies.  He added that the developer-built bike paths on the master plan do not all exist but are planned and will be built at an unknown time in the future - by developers when their projects are under construction.  He wanted to see a plan linking the paths - those links must be built and paid for by the Township since they are not part of a development.  Howell said that a more comprehensive plan would show the BoS where they will need to find capital. 

Supervisor Chuss said that he thinks the plan is a good foundation and includes some great ideas.  He thought that the next steps should be set-up and that some ballpark cost figures are needed.  Moore said that this is a broad based plan about what the Township wants.  Nicholas remarked that the plan is a good foundation and needs more direction from the BoS.  She added that the committee should elaborate on some of the items and estimate some of the costs. 

Supervisor Egolf commented that the plan is a "fine job and a good start."  He too, questioned the lack of neighborhood parks in the plan.  Moore said that the committee wanted input from the BoS about whether or not the parks should be put in "pockets" or in existing parks.  Egolf said that he thought that the spring joint meeting (specifically on the subject of neighborhood parks) defined the issue.  He added that a whole summer was lost without neighborhood parks and he wouldn't like another summer to go by without them.  The Parks & Recreation committee has petitions from residents and has met with a lot of people and would like the Recreation Board's endorsement. 

Chuss said that "neighborhood parks" were never before the BoS.  Egolf said that there was a joint workshop and he didn't understand why anyone in Forks would be against neighborhood parks.  Moore said that the Recreation Board is not against neighborhood parks and that the Recreation Board lost a whole summer waiting for the five year recreation plan.

Butch Scerbo said that he is not against tot-lots but is against a basketball court in Penn's Ridge.  He said that the Parks & Recreation (BoS standing) committee meets during working hours.  Egolf said that the committee would have changed the meeting times had there been requests.

The BoS will get back to Miller on how it will go forward with the five year recreation plan. 

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

Regular Meeting (agenda)

Much of the next nearly three hours was devoted to discussion of the EMS subscription issue and how Suburban EMS (SEMS) was to recover revenues lost during the one month between the dissolution of its billing agreement with Forks EMS (FEMS) and its designation as the Township's sole EMS provider. 

Please read Tony Nauroth's very clear Express Times article for more on the EMS discussion and the BoS action to help make residents who paid FEMS and not SEMS convert their subscriptions to SEMS.

NOTE:  On November 8, the Express Times' Tony Nauroth reported that the now defunct Forks EMS will return all checks to residents who subscribed during its 2009 fund drive. 

Public Comments (non-agenda) -

• Katherine Watt (sic) representing the Lehigh Valley Coalition on Affordable Housing in Bethlehem said that she sent a letter to Chairman Howell (in September) about the Coalition's annual municipal funding appeal for the area's nine city based shelters.  Currently funding comes from the cities of Allentown, Bethlehem, and Easton but the group feels that all municipalities should share the responsibility for caring for the valley's homeless population.  She said that 42% of the people using the shelters are from outside of the major cities and and that in 2007, 11 were from Forks Township.  The total shelter census for 2007 was 2598.

Heads of households who are working and can't make it on what they earn represent 25% of the shelter users.  Fair market apartment rent in the LV is $816 and the LV is has a severe apartment shortage.  The shelters offer programs to address self-sufficiency. 

The Coalition is asking for $5,633, a figure arrived at based on Forks' demographics in the 2000 census.  Ms. Watt said that the BoS last contributed five or six years ago and that she is aware that budget constraints make this is a bad time to ask.  (Please see BoS Meeting Notes 10/20/05 for the coalition's last appeal to the BoS.)

Tyson Sprandell representing Safe Harbor in Easton told the BoS that Safe Harbor helps 300 homeless men and women per year and serves two meals a day to about 75 in its day time drop in program.  He said that he needs to raise $100,000 a year in order to keep the doors open.

• Marcia Hauser of Penn's Ridge addressed the BoS about plans for a basketball court in Penn's Ridge.  She said that quite a few people object, particularly those adjacent to the open field.  She said that they have no problem with a playground.  She questioned whether the basketball court would be lighted.  Howell explained that at this time, a basketball court is a proposal only and started as a proposal for a 2-12 year old toddler lot with park benches and a swing set.  Basketball was added as a response to complaints about stand alone basketball hoops in the rights-of-way.  Ms. Hauser said that she counted the hoops and there are 22 of them. Of the kids using the hoops, only one does not get out of the way of cars.  That child's basketball hoop is located between 2551 and 2545 Penn's Ridge Boulevard.

Ms. Hauser also said that a basketball court is an invitation for kids to hang out.   She said that the history of the parking lot (on Silo Drive) is not good.  At one time, residents were parking cars and trailers there for storage.  The kids would get between the parked vehicles and get high and drink beer.  Ms. Hauser said that she and her neighbor cleaned up there and on two occasions found two empty cases of beer, a roach (pot) and two used condoms.  The police were called a couple of times to get residents to move their vehicles and now it's an empty lot.  Kids don't hang out there anymore.

Lots of Penn's Ridge kids use the field for football, baseball, golf, and volley ball.  Ms. Hauser wondered how much room the court will cover and if it will prevent other kids from using the field.  She asked too, about basketballs hitting parked cars (parked on the street because there is no place else to park) and noise (some residents in the immediate area work nights and sleep during day).  Water damage and flooding are also concerns because of the slope of the field (which serves as a water retention area.)

And, lastly Ms. Hauser said that her neighbor put in a pool and had to post a sign and notify neighbors within a specific area about the construction of the pool.  She wondered why no one in Penn's Ridge has been notified about a basketball court and where it is to be located. 

Howell explained that the Township is so far away from putting one in, that it is not yet time to notify residents.  He also said that funds have not been allocated.  Howell asked Ms. Hauser if it was her general feeling that the neighbors do not like the stand alone hoops?  He said that people came to a BoS meeting and complained about how difficult it is to walk on the sidewalk with the hoops obstructing them.  Howell said that the big issue with the stand alone hoops is the winter - cars on the roads and snow clearing. 

Chuss said that he was approached by two residents about flags/stakes who wanted to know if it will be a full or half court.  Chuss said that he told them it was for a basketball court and although he didn't know whether it would be a full or half court, he thought a full court would be open the public and would not be restricted to Penn's Ridge residents.  Chuss said that the residents do not want to encourage people to come there - "undesirable people" - and that there would be parking issues.  He also said that a friend told him that Vista Estates residents are concerned about tot lots bringing a negative element into their neighborhood.  Howell asked Ms. Hauser if she objected to a tot lot near the parking lot.  She said that she does not object.

• John Wieller of Penn's Ridge addressed the BoS to make them aware of kids hanging around in the Community Park playground near the basketball court.  He said that a woman told him she can't take her kids there because of the foul language from these kids.  Mr. Wieller said too, that the kids take the football bleachers and put them in the middle of the basketball court, skateboard on them, and hang around smoking cigarettes.  He said that he called a police officer over on one occasion.  He said that he does not want "that" in his development.  Mr. Wieller told the Supervisors that they should see what's there on a Saturday afternoon and that it needs patrolling.  He said that the kids are in fifth, sixth, and seventh grades.  As to the stand alone basketball hoops, he said that there are 21 in the development and he has one for his kids.  His kids get out of the way of cars and the hoop is moved out of the way when it snows.

Supervisor Remarks: 

Chairman Howell said that the Board received a letter from Leiser's Rental & Sales relative to the light at Meco Road and Sullivan Trail.  The Board got it this evening.

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 $7,768,332.

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

• Public Safety - Supervisor Chuss - said that the committee met on November 4th. 
  • Police Chief Dorney reported that the department passed the formal onsite assessment for re-accreditation - with "flying colors."  The process included a facility tour and inspection, a policy manual review, and a thorough compliance file review.  Dorney will go to Harrisburg on December 8th to appear before the accreditation bureau with a recommendation that the department be re-accredited for the next three years.  There are 1252 municipal police departments in PA and only 50 are recognized as accredited.
  • Chuss said that the department is looking into the possibility of national accreditation - in three years.  It would involve a commitment from the Township.
  • There is progress being made on the modular furniture and the evidence locker installation.  Both should be done by year end or very early next year. 
  • The emergency services tower foundation backfill is complete, the floor is done, and the building erection should start Thursday and take 4-6 weeks.
  • The committee discussed a volunteer incentive program and will make recommendations to the BoS.
  • An hour and twenty minutes of the committee's meeting was devoted to discussion of EMS status.
• Public Works - Supervisor Miller - reported that the committee had not met since the last BoS meeting and will meet next week. 
• Parks & Recreation - Supervisor Howell - said that the committee had not met since the last BoS meeting and did have a workshop at 7 PM - prior to this night's meeting. 
• Community Relations - Supervisor Nicholas - reported that the committee will meet on Monday at 6 PM.
• Finance and Administration - Supervisor Egolf - said that the committee met on October 22nd and the main focus continues to be the 2009 budget.   The next meeting is November 12th at 5 PM.

Township Manager's Report - Schnaedter asked the BoS for authorization to hire a new DPW employee.  The position has been vacant for four months.  The interview process is complete.  Leaf collection has begun and snow plowing is upcoming.  Another worker is out because of medical disability.  The new employee is needed.  He would like to make the offer to the selected individual tomorrow.  The vote to authorize the new hire was 5:0.

Schnaedter also reported that he is getting positive feedback from the business leaders breakfast.  Interest in continuing has been expressed.

Engineer's Report - Hay - reported that the Sullivan Trail Business Park paving has been completed - by the developer's paving contractor.  Hay also reported that the foundation and slab for the fire training facility are completed. 

Solicitor's Report - Kline - reported that the last of the KMRD hearings on the substantive challenge to the language of the zoning ordinance before the Zoning Hearing Board (ZHB) was held on October 20.  There were closing arguments and statements in opposition from several citizens.  The ZHB voted unanimously to reject the challenge.  The next step is a written statement drafted by the ZHB solicitor and approved by the ZHB.

KMRD has vowed to immediately appeal to the Northampton Court of Common Pleas.  There will be no hearings conducted in that court as the court's decision is based solely on the records established by the ZHB hearings.  The case will likely go further - to the Commonwealth Court, if not to the PA Supreme Court. 

Howell thanked Kline and attorney Steve Goudsouzian for the best legal advice the Township could have had.

UNFINISHED BUSINESS

Suburban EMS Subscription Discussion (Erik Chuss, Supervisor) - Notes from this over 1-1/2 hour discussion to follow.  Please read Tony Nauroth's very clear Express Times article for more on the EMS discussion and the BoS action to help make residents who paid FEMS and not SEMS convert their subscriptions to SEMS.  Morning Call reporter, Christopher Baxter was there but no report has yet been online - nor in print that we have seen.

Please note:  On November 8, the Express Times' Tony Nauroth reported that the now defunct Forks EMS will return all checks to residents who subscribed during its 2009 fund drive. 

Municipal Pool – Feasibility Study (Rick Schnaedter, Township Manager) - Schnaedter reported that he and Miller met with Mr. Lorne Possinger from the Department of Conservation and Natural Resources to get some tips on preparing the bid spec document.  Possinger told them that a feasibility study can cost between $20,000 and $40,000.  The City of Easton study cost about $60,000.  Schnaedter researched further and learned that the cost paid by three municipalities that either recently renovated or built pools ranged from $2.7 million to $6 million.  Schnaedter asked the BoS, in light of the costs involved, if he should proceed with preparing a bid document for a feasibility study. 

Chuss suggested that "in light of budgetary considerations" that the study be revisited in the second quarter of next year.  Egolf thought that other contiguous municipalities might be interested in a joint venture. 

Howell said that it would be wasted money if the study were done and the pool not built.  He said that this is an inappropriate time to go forward. 

The pool feasibility study was tabled because of budgetary considerations and the economy and Schnaedter was directed to not proceed with the RFP but to keep the documents he has amassed so far, in a file. 

NEW BUSINESS

CCTV System – Awarding of bid (Rick Schnaedter, Township Manager) - Schnaedter reported that this has gone out to bid twice.  The first time only one bid was received and it was deficient.  This time two bids were received - the low one was deficient and the next bid was much higher.  He recommended that both bids be rejected and that it be re-advertised.  The BoS agreed in a 5:0 vote.

Elsie Brown Preliminary / Final Minor Subdivision Plan (Tim Weis, Zoning Officer) - Hay explained that this was taking one large tract and making two smaller ones - basically cutting the tract in half.  There is no development permitted since the land is all in preservation and therefore there is no drainage issue.  It is the settling of an estate and one of the lots may be sold to a farmer.  There may be a house built on the other 54.37(?) acre parcel.  One house is allowed in the County preservation agreement and Kline explained that Maria Bentzoni (of the County) sent a letter indicating approval. 

Both votes were 5:0.  The first granted waivers of plan scale, absence of contour lines, and drainage requirements and the second was to approve the final minor subdivision.

Application for permit to install and operate traffic signals – Meco Road & Sullivan Trail (Fred Hay, Township Engineer) - Hay explained that PennDOT has lost the resolution already created by the Township.  Hay said that he met with the PennDOT District 5-0 traffic engineer and his position was that the signal, with the existing Leiser driveway will never come to fruition.  The engineer felt that the best place for Leiser's driveway is behind his barn and that he didn't think that Leiser should get two driveways.  In fact, according to Hay, PennDOT won't approve two driveways. 

Hay's recommendation is that the BoS grant a waiver (of distance from the intersection) to Mr. Leiser and allow him to move his driveway to the other side of the foundation and as far as possible towards the insurance building (to the south).  Hay said that he will meet with Mr. Leiser tomorrow.

The BoS passed the motion to apply for the permit to install and operate a traffic signal at Meco Road and Sullivan Trail with a 5:0 vote. 

Kline said that he thinks the Township took the position previously that Mr. Leiser could keep his Sullivan Trail driveway where it is but that it would not allow another on Meco Road.  The problem is that it is not acceptable to PennDOT. 

Hay said that PennDOT will not allow two driveways and that he will offer Mr. Leiser either a moved Sullivan Trail driveway or one from Meco. 

Resolution for One Street Light/Riverview Ests. Ramblewood Dr. & Road A (tabled prev.mtg.) (Fred Hay, Township Engineer) - Hay explained that this is a Met-Ed resolution for a street light at the Riverview Recreation Center.  It was approved 5:0.

2009 Budget - First Submission (Jim Farley, Finance Manager) - Farley said that he submitted a rough draft of the 2009 budget and that a tentative work session is scheduled for November 12th at 5 PM.  Nicholas suggested that all departments with capital projects in their budgets, justify and prioritize them.  Farley said that he will email all department heads and ask that they submit their lists in writing.  He also asked that any Supervisors who have questions let him know prior to the work session and he will do research in advance to answer.  Chuss said that although he cannot be at the work session, he will submit his ideas for areas to cut costs to the Board via email. 

Ordinance # 310 – Adamson Street Sewer Line (Karl Kline, Solicitor) - Kline explained that the proposed ordinance amendment to the 1976 Easton Area Joint Sewer Authority (EAJSA) original inter-municipality ordinance - that created the EAJSA - was necessary because although it was thought that the Adamson Street line was included as a common use line, it was not in any of the agreements.  The ordinance amendment has been reviewed and approved by all member municipalities and endorsed by Forks' representative to the EAJSA, Henning Holmgaard, as appropriate.  The vote to advertise the ordinance for adoption was 5:0.  It will be adopted by the BoS at its November 20th meeting.

Executive Session - There was an executive session on a personnel matter.  No action was taken after the session.

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

BoS Meeting 7/3/08

Regular Meeting (agenda)

This night's Supervisor's meeting was not a record setter but was long enough.  It was once again capped by an Executive Session on a personnel matter and a potential litigation.  The highlight of the meeting was the reading of the Resolution to honor Forks resident, Judge Robert Freedberg, who has just been appointed to the State Superior Court (see Edward Sieger - Express-Times). 

Public Comments (non-agenda) - none

Supervisor Remarks - none

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.  Egolf said that the current outstanding debt, although missing from the printed agenda, is somewhere in the neighborhood of $7,800,000.

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

• Public Safety - Supervisor Chuss - reported that at its July 1 meeting, the committee covered:
  • Police Department (PD) re-accreditation status - Chief Dorney said that the department is in its third year of its first accreditation and the deadline for re-accreditation is December 17.  A mock assessment is planned for August 19-20 and the formal assessment (conducted by three representatives assigned by the Pennsylvania Law Enforcement Accreditation Commission) will be September 23-24.  Dorney said that the PD is well on its way to being fully prepared.
  • There will be a press release for the anti-speeding campaign - As part of the program, "NO SPEEDING" signs have been made and will be available to Forks residents to use in their front yards.  The signs have been delivered to the Municipal Building.  The reaction to similar signs in other Townships is that speeders slow down because they sense that "people are watching."  Speed limits will be enforced.
  • The police building continues to have HVAC issues.
  • Large event parking at the Community Center policies have been reviewed and recommendations for changes have been made.
  • Phase 1 of the (PD) modular furniture installation is complete.  Phase 2 will be done after the PD re-accreditation process is completed (in September).
  • Emergency services tower site preparation is in progress - site plans are being finalized.  Construction should begin in a few weeks and completion is expected in October (or shortly thereafter.)
  • A more restrictive burning ordinance update (based on ordinances in other townships) is underway by Fire Chief Weis.
  • Fire Chief Weis said that multi-agencies - Plainfield FD, Tatamy FD, Forks FD, and Forks EMS - conducted a simulated evacuation drill at an elderly housing residential building (2222 Sullivan Trail houses 60 residents) and it was very successful.  The building was evacuated in under 10 minutes. Weis also commended the Forks PD on its recent record prosecution in a homicide case.  Dorney said that it took 15 minutes and included time to eat.
  • Chuss also said that there are three bills pending in the PA House and Senate that, if passed will take some of the pressure off of fire departments to move from voluntary to paid.  Two of the bills directly impact volunteer firefighters (one with tax credit and one with tuition assistance).  The third bill would give a tax incentive to businesses that employ volunteer firefighters.  Chuss proposed that the Board write a letter to Forks' PA representatives recommending that they support the three bills.  Nicholas asked to see copies of the bills first. (See Baker and Waugh Push Tax Credit Bills for more.)
  • The EMS billing issue (per Chuss - a lengthy committee discussion) was deferred to the EMS agenda item.
• Public Works - Supervisor Miller - said that there have been no committee meetings since the last BoS meeting and that the next is scheduled for Tuesday. 
• Parks & Recreation - Supervisor Howell - reported that the committee met on June 26th and discussed the joint workshop topics:
  • Township interest in a swimming pool - on the agenda for discussion.
  • Miller's long standing wish for a recreation bridge over Sullivan Trail.  Miller was authorized to explore whatever Federal and State grants may be available.
  • The amphitheater as a 2009 project because grant applications will not be considered until the fall.

Howell said that he attended the June 29 Recreation Board (RB) meeting where the proposed neighborhood parks were discussed.  Specifically the Recreation Board:

• Endorsed the neighborhood parks proposal and listed the RB's priorities, namely parks at Penn's Ridge (because of its density), Vista Estates (also density), and Braden (with a restroom to help facilitate rentals and the resultant rental income).
• Wants a part in equipment selection - in particular the play structures and larger sized equipment. 
• Has a wish list that includes the possible expansion of the Lafayette/Meco park into a family park and a Braden park expansion.  These will probably be part of the RB five year plan.

The RB is working with Miller on a review of equipment needs in the parks.  They will prepare a proposal for the full Board. 

Miller is also working on suggestions for the fitness station equipment and placement as well as the replacement carousel.  Both purchases have already been approved by the Board.

• Community Relations - Supervisor Nicholas - said that every household in the Township should have received a copy of the latest Forks Quarterly (FQ) in their mailboxes.  She explained that some of the news is outdated and it is Hometown Press' fault.  She said that she spoke with the owner and he promised that it will not happen again.  At the next committee meeting, new vendors for the FQ will be explored.  Nicholas said that the issue with tonight's agenda (it was not on the Township website until 7/3/08 at approximately 5:30 PM) will be straightened out as well.  The committee meets on the second Monday of the month at 6 PM.

Howell said that he's received a lot of phone calls about Gollub Park since the article in the new FQ appeared.  He said that the park has had a lot of visitors. 

• Finance and Administration - Supervisor Egolf - reported that the next meeting is scheduled for Wednesday, July 9 at 5 PM.

Township Manager's Report - Schnaedter reported that he received a phone call from the EASD transportation department.  They want to meet with the Board of Supervisors regarding the Mitman Road school bus issue.  Nicholas asked about doing a workshop before the next BoS meeting.  Howell suggested that a Public Safety meeting be used.  Chuss said that the next Public Safety meeting is August 5.  Egolf said that an August meeting will be too late as the bus routes will already be planned.  He said that parents are notified of the routes at the end of July.

Schnaedter said that school district is interested in cooperating but maintains that it cannot get all the buses off of Mitman Road.  The district wants to show its proposed routes to the Township. 

Howell said that the Board already asked Keystone Engineering to review Mitman Road to see if any modifications can be made to the Township ordinance.  Hay said that he did not have it and Egolf asked, "Why not?" 

Schnaedter was asked to set up an administrative meeting during the week of July 14 and include himself, a Supervisor (Howell volunteered if no one else could make it) or two, Police Chief Dorney, and Engineer Hay.  The group will report back to the Board.

Engineer's Report - Hay - said that he only had agenda items. 

Nicholas asked if he could have the Mitman Road study by July 14.  Hay said that the road is already posted with a 7 ton limit and that the State does not allow vehicle length prohibitions.  Schnaedter was asked to research how much a school bus weighs. 

Egolf said that the buses have been using that road for so long that "we have become complacent and because of our complacency, we are going to have an accident."  He said that the Middle School is moving the 5th and 6th grades to the new Forks campus and that will mean even more buses. 

Resident Sandy Hanks asked if Mitman could be made one-way (up the hill)? 

Egolf said that he is "ready to stand out there with a sign or lie in the road if need be."  He said that Mitman is a serious problem. 

Nicholas suggested that (Zoning Officer) Weis take photos but school is not in session and there are no buses to photograph.

Egolf asked Hay to report on the Meco traffic signal.  Hay said that he and Schnaedter are meeting with PennDOT officials at their Allentown office on July 19 at 10 AM.  Hay said that PennDOT wants Meco aligned on both sides of Sullivan Trail and that will mean taking property.  PennDOT wants the Township to "deal with" Mr. Leiser.  Hay also said that there's only 7 ft between the Miller property and the road.  The Township plans intersection widening to be towards Met-Ed.  Hay also said that PennDOT is enforcing an obscure rule that any property owner adjacent to highway work must sign off on it. 

Solicitor's Report - Kline - reported that the Strausser billing dispute arbitration testimony has been concluded and that he expects a decision by the next BoS meeting.  The dispute over the bill began in 2001.  There were three arbitration meetings.

UNFINISHED BUSINESS

Forks EMS Donation Request (Erik Chuss, Supervisor - Public Safety Committee) -  Chuss detailed the background of the newly revived Forks EMS squad - that it went out of business two years ago and came back, with all its debt, in April of 2007.  At that time, Township Supervisors designated Forks EMS as the BLS (basic life support) provider and Suburban EMS was designated as the ALS (advanced life support) provider.  In the absence of Forks EMS, Suburban EMS provided both BLS and ALS service to Forks. 

Barry Albertson (Executive Director/Suburban EMS) addressed the Board and summarized the current state of the billing agreement between the two EMS squads - void.  He said that Forks EMS is in arrears in its payments to Suburban and that Suburban's officers have taken the position that it is their fiduciary responsibility to terminate the agreement.  And, until a new agreement with Forks EMS can be reached, Suburban has offered to hold ALS billings to Forks residents for (up to) the next 30 days.  If a new agreement is reached before that, billings will resume sooner.  Albertson said that to be fair, the Forks squad made payments on time for the first 60 days of the (now void) agreement.

Both Suburban and Forks EMS have now involved attorneys in the process.  Albertson expects that new payment and repayment agreements will take longer than the two days it took in April - when they did not use attorneys. 

Forks EMS owes $23,000 to Suburban and was to have delivered a check for $6,200 to Suburban before tonight's meeting.  The check was not delivered and that act is what caused Suburban to finally pull the plug. 

Albertson explained that Forks EMS does the billing to insurers for both BLS and ALS services when ALS is involved.  Medicare participants account for most of the ambulance calls and Medicare will only accept one bill and it must come from the transporting ambulance service and in Forks' case, that is Forks EMS.  Forks EMS bills the insurers and the insurers pay them directly.  They are in turn, obligated to pay Suburban for its services.  They have not complied completely and thus the large amount owed to Suburban.  The repayment agreement is also void at this point.

Forks EMS president William Keifer addressed the Board and said that he had both a check for Suburban and the squad's attorney, Mark Sigmon (sic), with him.  Keifer said that the squad will begin its subscription drive in 30-45 days.  The subscription drive is how the squad gets the bulk of its money.

Howell reminded the Board that they were not there as "judge and jury" but in their oversight capacity to insure adequate EMS coverage for Forks citizens - and that obligations are met.  The regional contract is not a decision for the Board.  And, since the donation request is the agenda item, Howell felt that under the circumstances, it was premature to think of a donation. 

Nicholas said that her concern was for the citizens of Forks Township and that in her opinion, Suburban has been very patient.  She added that senior citizens could be "wiped out" if they have to pay the full costs of ambulance services. Nicholas said too, that the agreement clearly states that Forks EMS is supposed to stay up-to-date with their payments to Suburban.

Egolf likened Keifer's remarks to that of a "miscreant student" who is sent on occasion after occasion to the assistant principal's office and has one excuse after the other and points the blame at everyone else.  Egolf stated, "I think I've had enough."  And, he added that what is at stake is the health and welfare of Forks' citizens.  He said that he would like the Board to immediately make Suburban the primary responder.  He suggested that Forks citizens who want to pay a subscription to Suburban should send the money to the Township and that the Township could reduce the donation amount by that much.  He said he's "had it" and doesn't want to see Forks EMS or Suburban back before the Board about their differences again.

Attorney Sigmon started to speak and Howell said that he was not recognized.  Instead he addressed Kline, Forks solicitor, for an opinion on the Board's role in view of the contract breach.  Howell said that he is opposed to the travesty of negotiating an agreement before the Board of Supervisors.  He also asked if Suburban can be appointed primary provider at any point in time?

Kline said that Township has the authority to designate who will be the ALS and BLS providers - at any time.  Suburban provided both BLS and ALS service when Forks EMS went out of business.  When Forks EMS came back in business, a prior Board selected Forks EMS for BLS service and Suburban for ALS.  That created the problems that continue today. Kline said that the current Board can switch but he didn't think it something that should be taken lightly.  Kline said too, that the airing of all this dirty laundry in a public meeting is unfortunate as is the fact that the Board has to spend its valuable time on this issue rather than other pressing ones. 

Howell asked Kline if it was his advice that they table the agenda item and wait to hear from Forks and Suburban as to any new agreement.  He suggested that the squads report to Kline's office with the status of their contractual relationship.

Kline said that the Board could, instead of having a donation request on its next agenda, add an item about who will be the ALS and who will be the BLS providers.

Nicholas said that she agreed with Kline and that there should be an Executive Session discussion and a provider decision made at the next meeting.

Egolf said that it is clear to him that the Township needs to go with a provider of ALS service.  Nicholas asked Egolf if he meant that he wanted only one EMS service and he said, "That's right."  Nicholas said that she thinks it's come to the point where the Board needs to make a decision - at the next meeting - after an Executive Session discussion - about this.

Susan Sklodowsky, of Stockertown Borough's Council, addressed the Board and said that she was speaking on behalf of Stockertown residents and not on behalf of the Council.  She asked that Forks keep Stockertown informed.  She also extended praise for the coverage that Fork's fire department gives the Borough.  Kline thought it appropriate that Stockertown be kept informed since it will be affected greatly by whatever decision the Township makes.  Howell suggested that someone from Stockertown attend the (public) Public Safety Committee meetings.  He said that it would be an informative and more casual forum for them.

Attorney Sigmon told the Board that he had checks totaling $6,200 and asked that the Board table the agenda item until their next meeting.  He said that he will submit everything to Kline and hopes to have an agreement before the next BoS meeting.

Albertson said that Suburban's attorney and key staff are on vacation and that's why they offered the 30 days. 

Resident Sandy Hanks asked who determines whether a call to 911 is an ALS or BLS call?  Howell said that the 911 operator does that and that the operator has a protocol to follow in order to make the determination.  Ms. Hanks added that she agrees with Egolf that the Township needs one service to handle everything. 

Resident Richard Wambold asked if the there's only one payment made when both ambulances go to a call and does the payment go to Forks (EMS)?  If Forks gets the payment, then is Forks keeping Suburban's money?  "They've been using their money to run their operation.  Is that what's happening?" 

Howell said that is a contract issue and it is what got "us here today."  He said that the most important issue facing the Board is to determine the financial viability of Forks EMS. 

A motion was made to table the donation request and remove it from the agenda - until such time as it is put back on the agenda.  It was approved unanimously.

Sullivan Trail Business Park Improvements - Invitation to Bid (Fred Hay, Township Engineer) -  Hay said that the met with the project engineer last week and they reviewed remedies for the pond.  The project engineer will have a plan for Hay's review this coming week and Hay recommended that the Board table this item until the next meeting.  They complied in a 5:0 vote.

NEW BUSINESS

Resolution - Honoring Forks Resident Judge Robert Freedberg on the occasion of his appointment to the Pennsylvania Superior Court (C. David Howell, Supervisor) - Kline said that it was a great honor for him to read this resolution.  He's known Judge Freedberg for 32 years and said that he doesn't think one could find a finer, more honest man.  He said that Judge Freedberg is exactly the kind of person one wants for a judge.  After the unanimous vote to adopt the resolution, Howell asked Schnaedter to send a letter and a "roll copy" to Judge Freedberg.  Schnaedter recommended that Kline do it.  Kline will do it.

Mitman Road - EASD School Bus Restriction Resolution #080703-01 (Karl Kline, Solicitor) - Kline sent this resolution to the Supervisors via email.  Not all of them received it before the meeting.  Kline said that this resolution urges, respectfully but strongly, that the EASD not to use Mitman Road as a bus route.  He read it to the assembly.  The vote to adopt was 5:0.  Egolf suggested that a copy of the resolution be sent to each EASD board member as well as to the appropriate EASD administrators.  Kline said that he will send it to the EASD attorney, to Joseph Kish, to the acting Superintendent, and to all the school board members.  Howell noted that Forks has two representatives on the school board. 

Jeffrey Brown Subdivision (Fred Hay, Township Engineer) - Hay explained that this four lot subdivision (on the south side of Newlins Road, one lot away from the DPW garage) was conditionally approved by the Planning Commission at its June 6 meeting.  Hay said that there were a couple of changes to his letter, one being that the to-be-established homeowners association will be responsible for road maintenance and storm water drainage and another that one of the requested waivers be changed to a deferral.  Establishment of the homeowners association must be in place (and approved by the Township) before the plans can be recorded or the lots sold. 

Nicholas objected to the size of the plan (11" x 17") because she could not read it. 

The Board reviewed each of the waivers and the deferral - for a (10 ft length of) sidewalk until the Township determines that one is needed.  No trees will be disturbed in the wooded area.  Each lot will be at least two acres.

The votes were the same for each waiver, 4:1, with Egolf casting all of the nay votes.  There will be a plan note that the sidewalk, should it be required, will be the responsibility of the owner of lot #1.  Comment #2 on the review letter was changed to require the homeowners association to maintain the road and the storm water facility and that trees be planted on the west side of lot 4 shielding the Haywood property.  The grading of the sand mound must be approved by Hay. 

This plan passed conditionally (subject to the above and to Keystone's June 6 letter) in another 4:1 vote (Egolf).  Egolf said that in his opinion this is an example of "squeezing as much life as can possibly be squeezed" out of a small piece of land.

Hall/Renigar Lot Line Adjustment - Newlins Road W & Sullivan Trail (Fred Hay, Township Engineer) - This lot line adjustment, giving land in the 100 year flood plain from the Hall property to the Renigar property was approved 5:0.  The land is "unbuildable" and has been mowed and otherwise cared for by the Renigars.  (The Halls gave the land to the Renigars.)

Authorization to solicit request for proposals for feasibility study of Municipal swimming pool (Rick Schnaedter, Township Manager) - Howell said that everywhere he goes, he hears from people that they want a pool or don't want a pool and there's talk, too, of the recreation survey.  He explained that "a feasibility study has to be what it is; it is a really big deal."  A definitive study will tell what a pool will cost, what types of pools are available, how much land will be needed, where it will be located, what other buildings will be needed, what the maintenance will be, how it will be financed - "the whole ball of wax."  Professional opinions may be needed and if so, Schnaedter will come back to the Board to ask for the funds to do that.  This will tell what the impact of a pool will be and whether the Township is financially able to do it.

Nicholas made a motion to authorize it.  She said that it's been number 1 on the surveys for years.  Howell asked for pre-motion discussion first. 

Chuss said that he was totally in support of this and noted that a pool was #1 on the latest recreation survey as well as on the one 12 years ago.  Egolf said that his daughter was on a municipal swim team and is now a swim coach.  He added that "it is one of the best, wholesome things for our young people."  Miller said that he supports this study and that the Township should "move forward one way or the other."  Nicholas said that swimming is not just for kids and that a pool will also benefit some of the older people in the Township.  She added that it's a great place for people to gather and have a good time, young or old. 

Howell said that the study progress will be monitored by the Parks & Recreation committee and that the progress will be reported back to the Board.  The study is necessary because not all things can be predicted.  He added that the study will involve the Recreation Board, the Athletic Association, other townships, etc.  Howell said that the success of any pool is revenue and revenue is obtained from resident and non-resident use of the pool as well as by fully utilizing it.  

Resident Tom Hanks suggested that the study be for an indoor/outdoor pool (like the one in Bethlehem Township) so that it can be used year round. 

By voting for this, Howell explained, the Board is making Schnaedter responsible for the study.  Schnaedter said that he will get several proposals and report back to the Board. 

Egolf made the motion to authorization the study.  Chuss seconded and it passed 5:0.

Executive Session - The executive session was held to discuss a personnel matter and a potential litigation.  No action was taken during the session.  After the session, however, the Board voted 5:0 to authorize advertisement of a newly vacant position in the DPW/Maintenance department.  It was explained that the vacancy is due to a resignation.

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.