BoS Meeting Notes - 10/15/2009

Regular Meeting (agenda)

On this night, Supervisors voted 5:0 to sign a proclamation in support of Red Ribbon Week Celebration.  They also learned that not everyone wants baseball fields abutting their backyards, that newly elected Senator Mensch is planning to resume former Senator Wonderling's Forks Community Center office hours, and that it will cost the Township up to $20,000 to move the Simm's driveway so that the Meco/Sullivan traffic light can be installed.

Public Comments (non-agenda) -

• Jan Billings of Falwood Drive addressed the Board in her position as intern to the Easton Area Middle School Counseling Office.  She asked the Board to proclaim its support of Red Ribbon Week Celebration, the oldest national drug (substance abuse) awareness campaign in the nation.  It takes place during the last week of October.  The vote was unanimous to sign the proclamation in support of Red Ribbon Week Celebration and to post it on the Township website as well as on the Township electronic sign board on Sullivan Trail.
• Eric Konecke of Cosenza Court in the College Park Estates development addressed the Board about the new five acre field between the main Community Park and his backyard.  He said that he just learned that the Township plans baseball and soccer fields for the new space.  Mr. Konecke said that when he bought his home, he paid a $25,000 lot premium for the site because of the "open space" that was behind his house.  He said that the builder told him that nothing was planned for it. 

Mr. Konecke said that baseball fields will be noisy and will bring traffic and that there is no place to park except on the street in front of homes and that the park users will surely use the recreation path to get to the fields.  He said that the fair market value of his home has already dropped by $75,000 and that doesn't include the lot premium he paid. 

Miller said that there is a 94 space parking lot planned for inside the park at the end of Sycamore, that the fields will be "little fields for little children", and that the backstops (and the people) will be near the trees and not near the houses.

Mr. Konecke said that he has an eight year old autistic child who will not be able to use the backyard if there are kids playing baseball in the adjacent field.  He suggested that the builder recouped his money for the donated land from the home buyers (the lot premiums) and now he will never be able to sell his property. 

Mr. Konecke suggested that the five acres be used as passive recreational land.  He thought a dog park would be better than baseball fields and noted that just because the Township has a piece of property, it need not put a baseball field on it.  In fact, he said he is in the park a lot and sees baseball and soccer fields unused.

The field is 300 feet wide by 700 feet long.  Mr. Konecke said that there is no way that with such a narrow field the kids will not be in his backyard.

Chuss suggested that buffering is possible.  He also said that there are a lot of people with two or three kids who would love to have a baseball field near their backyard. 

Nicholas said that she was on the Board when the land was acquired and that the whole purpose was to use it as part of the park.  She said that if Maloney (the developer) mislead Mr. Konecke, that he should take it up with him. 

Mr. Konecky asked that the Board consider options other than baseball for the land.

• Daniel Tichener of Cosenza Court said that he bought his house 14 months ago and chose it because the back of the house was not obstructed.  He said that he and his neighbors would appreciate knowing what the Township plans there.  He said that at 6:45 this morning he was awakened by the sounds of bulldozers with headlights 50 feet from his back door.  Mr. Tichener added that had he known anything was going to go on the five acres, he would not have bought that house.  He said too, that the living near the park is a "double edged sword" since at night he hears the noise from the speaker system and the lights shine in his windows.  Howell said that the addition it is to be a dusk to dawn park with no lights.  Mr. Tichener asked that the Township consider the residents and their safety and consider making park use be by permit only.   

Supervisors' 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.  The Township's current outstanding debt is $8,147,854. 

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 October 20th at 8 AM.
• Public Works - Supervisor Chuss - reported that the committee met on October 13th and discussed:
  • The Meco/Sullivan traffic light
  • Culverts at Sullivan/Newlins and Kesslersville
  • Dewalt fields (the five acre park addition)
  • Braden Park restrooms will be delivered next week and installed
  • Lieb Road extension - now on hold indefinitely
  • Sewer projects - plans for phases 2 and 3
  • The DPW garage preliminary square footage report is about what was expected, 25,000 square feet
  • Per Gary Pulcini (Township financial consultant), financing of the DPW garage is recommended as soon as possible - that is as soon as the amount needed is known.
  • The next meeting will be on November 10th at 7:30 AM
• Parks & Recreation - Supervisor Egolf - said that because of Columbus Day, there was no meeting in October.  The next meeting will be on Monday, November 9th at 6 PM.  Topics to be discussed include the cooperation between the Athletic Association and the Recreation Board and the completion of the long range plan.
• Community Relations - Supervisor Miller - said that there was no October meeting because of Columbus Day.  The next meeting will be on November 9th at 5 PM.
• Finance and Administration - Supervisor Nicholas - said that the committee met last night and discussed the 2010 budget.  She said, "It looks pretty good."  The next meeting is on November 11th at 5 PM in the Municipal Building.

Township Manager's Report - Schnaedter - said that he newly edited version of the Comprehensive Plan will be available to the Supervisors on their shared drive tomorrow (or early next week).  Schnaedter reported, too, that Senator Mensch intends to resume former Senator Wonderling's office hours in the Community Center.  Mensch will be there on October 27th from 9 AM to noon.  Also, Schnaedter said that "staff" will visit Mensch as there are several funding issues that could use his cooperation.  Finally, he said that he will be preparing a preliminary program report for the Board on the new DPW building.

Engineer's Report - Ryan Christman - said that Supervisors have Fred Hay's written report in their packets.   Howell asked if all the permit applications for the Meco light have been submitted to PennDOT.  Christman said that they have and that the hold up is an answer on Verizon.  He will talk to Hay about it.  Keystone has been calling the permits manager every few days.  Howell asked that he communicate via email to Schnaedter - who will forward it to the BoS. 

Howell also asked if the grading on the five acre parcel has been completed to Township satisfaction.  Christman said that it has after the contractor returned to touch up some high and low areas.  Mark Roberts (DPW Director) said that he met with the contractor and there will be no surcharges for the remedial work.  The first section is seeded but the rains have stopped the rest of the seeding until next week. 

Solicitor's Report - Kline - reported that both lawsuits authorized by the Board against Strausser Enterprises have been filed.  There has been no answer yet from Mr. Strausser. 

Kline also gave the Board a "heads up" that the Planning Commission (PC) has approved the Riverview Recreation Center phasing plan. It will likely be on the BoS agenda for the first November meeting.  Nicholas asked if there was a representative of the Riverview Homeowners Association at the PC meeting and was told that there was.  In fact, Kline said that he was pleased that they came to discuss the issues and that they were in agreement with the PC conditions, including the changes to the plan notes - as well as to the deadline of the end of June 1, 2010 to get all the work finished.  Completion of the wearing course on the parking lot and the recreation path spur are wanted by the Homeowners Association and are required by the approved plan.  Kline said that both the Homeowners Association and Strausser Enterprises were represented by their attorneys and that "a lot of the open issues" were thoroughly discussed. 

UNFINISHED BUSINESS

None

NEW BUSINESS

Restoration of Simms Property (Meco Road) (Ryan Christman, Keystone Engineering) - Mark Roberts, DPW Director said that there will be 18 full size pine trees removed and it will cost approximately $6,000.  There will be another $7-8,000 for the driveway and $4,500 for the fence to replace the trees.  The DPW will remove the tree stumps and install the driveway.

Nicholas remarked that the Meco/Sullivan light will be the most expensive in the Lehigh Valley.  She noted in discussion that the Township put in Leiser's new driveway as well. 

Schnaedter asked for authorization to proceed as long as the cost does not exceed $20,000.  He said he would hate to delay the project another two weeks.

Chuss asked where the money is coming from and was told that it will be either from the general fund or the capital improvement fund.  PennDOT will not issue the permit without the driveway being moved. 

Howell said that Schnaedter should not take any action until the first PennDOT "movement" at the intersection.  Egolf offered that the Township needs to know that this is the end of it.  He said that he is worried that something else will "pop up" and the house will need to be moved. 

Schnaedter said that he will verify that the Verizon issue is taken care of and that this is the last thing required. 

Mrs. Simms was present and acknowledged that she will sign the paperwork.  She said too, of the fence instead of trees, that they want immediate privacy and do not want to spend "another 29 years waiting for trees to grow."  The vote to proceed was 5:0.

Executive Session - There was no Executive Session.  The meeting was adjourned

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

BoS Meeting Notes - 10/1/2009

Regular Meeting (agenda)

At 6:30 PM, prior to the regular meeting, Supervisors met in a workshop session to begin 2010 budget talks with a review of capital projects.  There will be more budget meetings and all are open to the public.  On October 13 (Public Works, Parks, Sewer, & Recreation) Supervisors will meet with department heads to review budget submissions.  They will do the same on October 14 with the Police, Fire, Codes, & Administration department heads.  Both sessions begin at 5 PM.  If needed, there will be an additional session on October 15 at 6:30 PM.

During the regular meeting:  (1) A "volunteer service award" was given to Harry and Susan Bennett for their "hard and wonderful work" to make Forks Community Days a success; (2) CMX stunned the Board with its estimated cost of the amphitheater - over $550,000.  It will be on hold until pared down; And, (3) Supervisors authorized the filing of two more lawsuits against Strausser Enterprises. 

Please read Christopher Baxter (Morning Call) and Sarah Wojcik (Express Times) for more details of the lawsuits.  And, for more on the amphitheater, see this online article by Sarah Wojcik (Express Times.)

Public Comments (non-agenda) -

• Donald Wheeler of Bonnie Circle addressed the Board and asked that it consider enacting an ordinance similar to the new one in Emmaus to limit the number of cats and dogs that can be kept at any residence.  He thought that three, the number set by Emmaus to be too low.  Mr. Wheeler said that the goals of the ordinance are to promote public health and welfare as well as discourage people from having a large number of pets - that become a nuisance to their neighbors.

Howell asked how Emmaus enforces the new ordinance and in particular how does it monitor the number of households?  He said that Forks has one public works employee who deals with dogs only. 

Chuss said it was a great idea and thought it would help with the feral cat problem in Forks.  Howell said that the definition of domestic animals does not deal with feral animals.  Northampton County has a catch and release program to deal with feral cats. 

Schnaedter noted that townships, unlike cities and boroughs, have a "diverse residency with large parcels of land" and it would be difficult to regulate them.

Mr. Wheeler said that the Emmaus ordinance deals only with dogs and cats and not with exotic animals.  He gave a copy of the Emmaus ordinance to Township Manager Schnaedter.

See this Morning Call article on Macungie's new three pet limit ordinance for reference.

Supervisors' Remarks: 

• Supervisor Nicholas - remarked that it was nice to see Susan and Harry Bennett in the audience because she wanted to thank them for Forks Days.  She also expressed thanks to Mark Roberts (DPW Director), to Gary Sandt and all the public works people, Troop 29, and the Forks Athletic Association (for the fireworks). 
• At this point, the Board choose to advance the first item in Unfinished Business to Supervisors' Remarks for the purpose of honoring Susan and Harry Bennett for their tireless work in organizing Forks Community Days for the past several years.  The Bennetts are long time Forks residents of Lockwood Congress.  
• Howell asked the Bennetts to come forward and on behalf of the Board, he and Nicholas presented them with an inscribed "volunteer service award to Harry and Susan Bennett in grateful appreciation of your hard work and dedication in keeping Forks Township Days alive."  Applause.  Susan Bennett thanked the Board and said that it's not just us, it's the community... the Township... the staff... six key people... beautiful weather... the vendors... and the people who attended.  Harry Bennett, after shaking hands with everyone on the podium, said that he wants to do it again next year.

Treasurer's Report - Miller detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 4:0 vote.  The Township's current outstanding debt is $8,147,854. 

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 October 20th at 8 AM in the municipal building.  Topics to be discussed include public safety matters of the community and possibly Mr. Wheeler's suggested pet ordinance. 
• Public Works - Supervisor Chuss - announced that the next committee meeting is scheduled for October 13 at 7:30 AM.  He said that the committee had the initial kick-off meeting for the DPW garage with Kimmel & Bogrette.  Kimmel, along with Roberts and Schnaedter, visited the site at Richmond/Newlins Roads. 
• Howell asked Solicitor Kline to explain why the Braden Park site is not appropriate. 
• Kline said that when Forks got the land from Lafayette College, it was intended for recreation purposes and was deed restricted as such.  Furthermore, it cannot be sold or swapped without Lafayette having the first option to buy it back at the original price paid. 
• Parks & Recreation - Supervisor Nicholas - said that because October 12 is a holiday, the next committee meeting will be on November 9 at 6 PM.  The committee will review the five year recreation plan.  Also, Nicholas reported that the Community Park basketball and tennis courts are being worked on now.  Roberts said that the Penn's Ridge court has signage in place and is ready to "open" tomorrow morning.  Signs prohibit skateboarding and the court will be open while the Community Park court is out of service.  Howell complemented Roberts over the installation of the outdoor fitness stations along the Community Park recreation path.  He said that every time he drives by, he sees at least one "55 and older person" using them. 
• Community Relations - Supervisor Miller - said that the committee will meet on October 12 at 5 PM.  (If you plan to attend, check with the office that this is a valid time and date as the 12th is Columbus Day and the office is closed.)
• Finance and Administration - Supervisor Nicholas - said that the next committee meeting is for the budget workshop on October 14 at 5 PM.

Township Manager's Report - Schnaedter - said that the Supervisors have a report/graph in their packets from Gary Pulcini (Township financial consultant) showing the current bond market as the best in 20 years.  Schnaedter also said that the initial meeting of the Business and Commerce Association of Forks Township (board of directors) is set for October 16.  Additionally, URDC's Charlie Schmehl will have the Comprehensive Plan re-edit completed by Wednesday of next week.  Mr. Schmehl is confident that the Board will be pleased with it. 

Engineer's Report - Hay - said that Supervisors have a written report in their packets.  The basketball court rehab is underway as is the five acre field grading.  The contractor thinks he may have it done tomorrow.  The sewer rehab continues.  The plans for the Glover/Padula road realignment have been submitted.  Glover will move towards Modern Concrete and have a gentle "s" curve and Padula will intersect at a tee.  Also, Winchester Drive is being repaired by Strausser Enterprises.   

Solicitor's Report - Kline - reported that Henningsen Cold Storage wants to move ahead this building season with moving some of the stockpiled earth and fill onto their lot.  The signed agreements and the escrow, although agreed to, have yet to be received from Henningsen.  As soon as they are received a pre-construction meeting is could be as early as next week.  Depending on the economic conditions, construction could start in 2010 on phase one, the first 100,000 square feet.  That will be over two acres under roof.  The completed project will have approximately nine acres under roof.

Nicholas asked the status of Weis Market and Kline said that it has been "hurry up and wait."  He heard that they have received all of the needed rights of way for earth work and is now working with PennDOT for the HOP (highway occupancy permit).  Hay said that he got a copy of the application in today's mail.

Kline also reported on the Renigar minor subdivision in the 100 year flood plain.  He said that the plan was approved but Mr. Renigar has to grant a storm water easement where the water flows.  He does not like the fact that he cannot build something in the flood plain.  Mr. Renigar has all the information he needs to proceed if he chooses to do so. 

UNFINISHED BUSINESS

Community Day Update - (Harry & Susan Bennett) - moved to Supervisors' Comments - see above.

CMX Presentation – Proposed Amphitheater (Bonnie Nicholas, Supervisor) - Tim Edinger of CMX addressed the Board with the concept plan, schedule, and cost estimates for the proposed amphitheater.  Supervisors also had copies of the draft minutes from the last Planning Commission (PC) workshop in which the project was discussed and suggestions were made.

The estimate numbers were given in parts totaling $550,000.  The amphitheater estimate is $300,000.  The impervious coverage and architectural brickwork total $90,000.  The site preparation estimate was $200,000 plus a 10% contingency.  Included are pedestrian pathways, impervious coverage, grass pavers, and architectural brickwork.

Mr. Edinger said that there could be cost savings if asphalt is used instead and if the decorative stonework is eliminated.  He said that he thought it would be May 2010 before the site could be used - providing that no extra regulatory applications and permits are needed.  If they are needed, they would push the work back.

Howell said that he never thought there would be a $209,000 expense for site preparation.  Nicholas agreed.  Howell asked what the cost would be to put in the amphitheater and the service road only?  Mr. Edinger said that there would be a considerable price reduction with asphalt paving.

Howell next suggested that the BoS take their comments and the PC comments and "sweat out what we really want."  He said it should be discussed at the Board or committee level.

Nicholas said that she thought that the whole site was not going to be disturbed.

Chuss said that this is "sticker shock" to him and that this is to come out of the recreation fund of $1.7 million.  He said that the BoS has to be careful that there is enough for other projects.  He added that he is supportive of an amphitheater but it must be a "fiscally sound purchase."

James Wideman (candidate for Supervisor) asked what the proposed number is and was told $349,000 - for the pavilion and $209 for site preparation. 

Vito Tamborrino (Planning Commission) said that it is important that things be done right and that the BoS should define what this will be used for and be certain that it is designed so that a person in a wheel chair can get to it.

David Billings (candidate for Supervisor) asked if the cost included the design charges.  Mr. Edinger said that it does not. 

The Board will refine what it wants and will have Schnaedter contact CMX when the reduced concept is known.

NEW BUSINESS

Business and Commerce Association of Forks Township By-Laws (Rick Schnaedter, Township Manager) - Howell explained that there is a board meeting coming up later this month and one of things that must be done as a business item is the approval of the by-laws.  All members must approve them.  Schnaedter said that the origin of the group was almost two years ago at a Township sponsored breakfast.  The new group will be a local operation with its own, unique character but will also be part of the Lehigh Valley Chamber of Commerce.  The vote was 4:0 to approve the by-laws.

Tatamy Bridge on Uhler Road - letter of Support (Vito Tamborrino, Planning Commission) - Tamborrino reviewed the importance of the Tatamy Bridge on Uhler Road (Forks Township) that continues through Tatamy as Main Street - to the proposed new Route #33 interchange.  Tamborrino said that he attended the second meeting of the interchange proposal in Palmer Township.  He said that there have been traffic counts done and that there will be five traffic lights installed.

Even though PennDOT acknowledges the deplorable condition of the bridge and agrees that it will  be replaced, the Commission is concerned that the bridge work will be delayed to a time at or after the interchange work begins or is completed. The Planning Commission requests that the Supervisors join with neighboring communities to write a letter to PennDOT expressing the wish that the bridge replacement work begin as soon as possible without regard to the start of the interchange.  The Board voted 4-0 to authorize a separate letter - from Forks only.  However, it will be shared with neighboring communities. 

Motion to support Bushkill Stream Conservancy (Rick Schnaedter, Township Manager) - Schnaedter received a request from the Conservancy requesting an annual donation of $250.00 from the Township.  A similar request is being made to all communities along Bushkill Creek's banks.

Nicholas thought that the Conservancy should tell the Township more about its plans since if it hadn't been for an Eagle Scout wanting to do a project near the dam, the Township would not know that the Conservancy plans to "blow the dam."

The Supervisors agreed that the Conservancy’s work to preserve and improve the creek’s natural environment has a positive impact on the quality of life in Forks.  The Board voted 4–0 to grant a current donation of $250 Dollars from 2009 General Funds.  The Board did not consider the donation as an annual donation.

Riverview Estates – PRD – Escrow Account and Phases V & VI (Rick Schnaedter, Township Manager) - Kline reviewed the last 10 years of Strausser Enterprises/Riverview Estates history.  He said it was appropriate to recognize that the original PRD (planned residential development) was submitted in 1999.  At the time, the phasing of the plan was discussed, tentative approvals were given, and the developer was in agreement and indicated he would be able to live with the terms and conditions. 

Over the following 10 years there have been repeated problems with the developer who has failed to comply with the rules applicable to all developers and that are required by State law.  The PA DEP (Department of Environmental Protection) has only cited one developer in Forks in the past 25 years and that was Strausser Enterprises - for frequent and egregious violations of the storm water and erosion control regulations. 

Kline said that the Township and staff have tried to work with Strausser Enterprises and despite Mr. Strausser's protestations to the contrary, the Township has been lenient and patient.  He said that after 10 years, it is clear to him that the developer "has no interest in cooperating with the Township and adhering to the rules."

Kline gave two examples:

1. Escrow accounts are required for phases that are not completed.  The funds guarantee that municipal improvements will be completed.  The improvement agreements were signed by Strausser for phases 2, 2c, 3, and 4.  Each escrow account now has a zero balance.  Phase 2 has been active since 2003 and phase 2c is the clubhouse.  There was no response to last month's letter despite the fact that there were numerous communications with the developer's staff.
2. Final plans have not been submitted for phase 5 and 6.  The developer was given six years to file final plans for all phases of the PRD.  The result of not filing within the six years is that the developer loses the rights to develop those phases.  Strausser Enterprises has missed the filing deadline by 3-1/2 years.  Kline said that he reminded the developer two years ago and drafted a proposal to grant a reprieve if certain requirements were met - a turning lane on Route 611 and the stabilizing of the Frost Hollow swale.  The developer has refused to sign the agreement and there has been no activity on either request.  Again, the letter sent on September 18th has gone unanswered.

Kline said that he believes the developer has left the Township with no choice except to initiate legal action.  He recommended to the Board that two lawsuits be filed - one to restore the escrow balances and the second for a declaratory judgment action in which the courts will recognize the fact that phases 5 and 6 are no longer valid.

Howell noted that the Board has spent a great deal of time in executive session discussions of litigation matters. 

The first motion, to authorized Kline to file a lawsuit for money damages to restore the escrow account balances to $240,000 passed with a 4:0 vote.

The second motion, to authorize a second lawsuit to the Northampton County Court of Common Pleas for a declaratory judgment, that is a declaration that the Township is correct and that phases 5 and 6 are no longer valid, also passed with a 4:0 vote.

Executive Session - There was no Executive Session.  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.

Strausser Enterprises Countersues Forks Township - updated

According to the September 11 Express Times, Strausser Enterprises has filed a countersuit against the Forks filed suit from 2007 when Strausser Enterprises cut down maple trees on Old River Road. 

Christopher Baxter's September 15th Morning Call article details more specifics about the suit.  Gary Strausser now accuses Forks Township of defaming him.

For background and photos, see the August 2007 FAC blogs archive.  There are several posts as well as the BoS meeting discussion of the tree cutting.

BoS 7/17/08

Regular Meeting (agenda)

The severe thunderstorm did not stop the Forks Board of Supervisors (BoS) from meeting.  In fact, the Municipal Complex generators were field tested and they do indeed work!  As expected, the EMS (emergency service) discussion and resulting decision took up the lion's share of the evening agenda.  For more on the EMS issue read Tony Nauroth (Express Times) and Madeleine Mathias (Morning Call).

Public Comments (non-agenda) - Tony Nauroth of the Express Times introduced himself and said that the will be "covering Forks Township for... ever." 

Supervisor Remarks:

• Supervisor Howell said that the Board received a very nice letter from Judge Freedberg regarding the Board's Resolution honoring him (at the last meeting) on his appointment to the PA Superior Court.  Howell said that he's sure that Judge Freedberg, a Forks resident, will still be available to swear-in future Forks Supervisors. 
• Supervisor Chuss noted that there were no copies of the three firefighter bills that are before the PA legislature in the Supervisors' meeting packets. Township Manager Schnaedter will get copies for the next meeting and endorsement of the bills will be an agenda item at that meeting.  Nicholas requested that if the bills are lengthy that they be sent to the Supervisors earlier than 8 PM on the Tuesday before the meeting.

Treasurer's Report - In the absence of vacationing Treasurer Egolf, Supervisor Miller detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 4:0 vote.  Miller said that the Township's current outstanding debt is $7,840,041.

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

• Public Safety - Supervisor Chuss - reported that the committee has not met since the last BoS meeting.  He said that both the Express Times and the Morning Call wrote about the "Slow Down" signs and that there has been a positive initial response.  Within three days of the articles, 51 of the 100 signs were distributed.  Chuss added that the police will also be taking "other measures to control speeding in the Township."  The signs are going fast - so far, added Howell, 70 signs are out.  Howell mentioned that there was a letter to the editor from a Forks resident regarding the signs and that the $600 cost for the signs came out of the Police Department publication budget.  Howell said that he feels they are a great benefit to the community and he encouraged all those who want one to fill out the short application at the police department.
• Public Works - Supervisor Miller - said that the committee met last week.  He updated the assembly on current topics of discussion including:
  • Patching Township roadways as needed.
  • Curbside weed control program.
  • Preparing, grading, paving, road bank mowing, and cleaning catch basins (as needed).
  • Street lights as needed.
  • Repair and maintenance on all DPW trucks.
  • Work on Forks Elementary School ball fields.
  • Widening of the Community Center main parking lot.
  • General cleanup around the Township.
  • Watering trees.
  • Cleaned the springhouse grounds.
  • Assisted the Police Department in the furniture removal.
  • 73' ft of the Meco Road failing sewer main repaired.
• Parks & Recreation - Supervisor Howell - said that there was no meeting since the last Supervisors' meeting and therefore no report.
• Community Relations - Supervisor Nicholas - said that they met on Monday and reviewed the Forks Quarterly to be sure that articles will be submitted on time and that the next issue will be in time for Forks Community Days.  Nicholas said too, that the committee discussed the "answering system" and are looking into making it better.  Also being explored is some kind of information booth at Forks Community Days.
• Finance and Administration - Supervisor Egolf - absent - Finance Manager Farley said that there was a meeting to discuss ongoing issues.  No report.

Township Manager's Report - Schnaedter reported that he, Chief Dorney, and Miller met with two representatives form the school district's transportation department.  The district maintains that the high number of buses on Mitman Road was due to school construction and that in the future bus use of Mitman will be reduced by 50% - in the afternoons during the school year.  They told the Township that that is all they can do based on schedules.  Nicholas asked why just the afternoons since the mornings are also a critical time - that's when everyone is going to work.  Miller said that the school district representatives allege that their hands are tied by school schedules (getting from one school to another) and that they must use Mitman.  The times that school starts are set by teacher contracts.  Nicholas said that it will be worthwhile to look into this because the safety and welfare of the kids are what's under discussion and the schedules seem a "little bit too tight for safety reasons."  Their job is to deliver the children safely to the schools and home again. She suggested that the school district be called and that someone else be found to talk to about this.

Schnaedter also reported that he attended the Two Rivers Council of Governments (TRCOGS) meeting last night where the yard waste assessment study was discussed.  He will provide the Board with copies of their findings.  Schnaedter said that the TRCOGS is looking at a regional recycling program for yard waste. 

Engineer's Report - Hay - reported that the agreements for the Community Center HVAC contract will go out tomorrow.

Solicitor's Report - Kline - reported that the Strausser arbitration has been decided in favor of the Township to the tune of $64,483.45.  Strausser has 60 days from June 10th to make the payment.  And, in addition to that, Strausser is required to replace the balances in certain accounts.  Kline said that if he does not make the payments, he will be asking for permission to sue Strausser - once again.

Kline also reported that he, along with Hay and Keystone staff have been working "quite extensively" with Goffredo's engineer, Jeff Ott, regarding the municipal improvements to Sullivan Trail Business Park.  Kline said that he put together a resolution and circulated it to the BoS and to Goffredo's attorney.  Kline requested that this be added to the agenda under old business.  He said that because of delays getting information, he was not able to get the resolution to the BoS in time for inclusion in their packets.

UNFINISHED BUSINESS

Levi Matyus Eagle Scout Project - Lions Park at Bushkill Drive (Don Miller, Supervisor) - This agenda item has been rescheduled because Levi Matyus was unable to be at tonight's meeting.  He is working with Miller on a project at Lion's Park.  Howell said that he and Miller met with Matyus, his father, and public works and worked out what has been done so far.  This is a work in progress and Levi Matyus needed an approval (but not a BoS action) so that he could go to next step.  Howell said that Matyus was given tacit approval.

Resolution 081717-1 - Sullivan Trail Business Park Improvements - (Karl Kline, Solicitor) -  Kline paraphrased Resolution 080717-1, a draft of which was sent by email to the Board before tonight's meeting.  He said that on 8/2/2001 the Sullivan Trail Business Park was granted conditional final plan approval for the subdivision.  On 8/1/2002 the subdivision preliminary agreement was executed.  That agreement stipulated that all the site's municipal improvements must be completed within two years of the issuance of the first building permit - that first permit was issued on 10/24/2005.  At this time, all but two lots are sold and the Weis Market construction will be starting next spring.  The municipal improvements which were to be finished by 10/24/2007, are not completed.

Kline said that because of deficient conditions and after numerous meetings with the developer, Goffredo, and staff, the Township authorized drawing on the developer's letter of credit.  Those drawn funds ($179,866.74) were put in a separate, interest bearing account.  The Township then began work on the deficiencies.  The developer has since requested to complete the improvements himself. 

The Resolution states that the Board is willing to give the developer "one final opportunity" to do that, per terms set forth in the Resolution.  The developer must: 

• fully complete the detention pond (as described in Exhibit A - prepared after extensive discussion between the Township engineer and the developer's engineer, Jeff Ott)
• fully complete the (Keystone Consulting Engineers) punch list (as described in Exhibit B)
• install the wearing course on Braden Boulevard from Sullivan Trail to the western edge of Ian - to accommodate the traffic to/from Merchants National Bank.  (The entire business park paving is not to be done at this time because of future construction.) 

All punch list items must be completed by Labor Day (9/1/2008).  Also, a new irrevocable letter of credit (for $189,000 which includes a 15% maintenance security) must be in place by September 1 and be valid for no less than one year.  The new letter of credit is the amount expected to be needed to complete the balance of the paving. 

If everything is completed by Labor Day, the Township will give back the original letter of credit drawn funds ($179,866.74) plus any accrued interest.  If all the work is not done, the deal is off and the Township will use those funds to get the work done.

Nicholas asked Farley how much taxpayer money the Township has already spent on the extra time for the solicitor and engineer.  Farley said he didn't know but could do an analysis of the time spent.  Nicholas said that she would like to know and that she didn't think that taxpayers should have to pay for this work.  Kline explained that there are certain things in which the Township must engage as a "cost of doing business" and that a developer's money cannot be used to pay for enforcement actions against a developer but only for actually getting the work done.  For example, the Township cannot use Strausser's money to sue Strausser. 

Kline said, too, that the developer can get the work done without paying prevailing wages but the Township cannot.  In order to do the work, the Township must draw up specs and go out for bids.  This costs money.  And, he added, that the Township must insist that developer must get 100% of the work done as "time has run out." 

Chuss made a motion to approve the resolution.  It was seconded by Miller.

In discussion, the attorney for the developer, Nick Noel (sic), said that he received the Resolution this afternoon and is in agreement with the overall goal and the concept and, he said, the developer intends to meet the deadline.  However, he does not agree with all the "whereas language."  He said that it is "opinion and hyperbole."  Noel added that he does not agree with the history (as recounted by Kline and contained in the Resolution) either.  But, he noted that the figures seem in the ballpark although he and his client have not seen the calculation.  Hay said that the 2001 numbers were revised with 2008 prices plus 15%.  Noel said that he had not received the two attachments (Exhibits A & B) noted in the Resolution.  Kline gave him copies.  Hay said that no items were added to the punch list (Exhibit B).

By way of clarification, Noel said that he assumed the 9/1 date, as long as the work is done and is accepted by the Township enginee, triggers the maintenance agreement (with the Township).  Kline said that he was correct and at that point in time, everything except the last wearing course should be completed.  When asked about sewers, Hay said that they have been in so long, they are not a problem and are not an alleged delay to paving.  Kline said that the bone of contention is the repair to the detention pond. 

Goffredo addressed the Board and stated that the "whereas and history are rather far from accurate."  He said that the Weis property was conveyed over a year ago and that the perception that so much is yet to be done is unfair.  It is clear that for the last two years he has been stymied from completing the improvements - except the detention basin.  Goffredo added that "the changes that we have embraced today are clearly constructive changes..."  He said that he will try to get the contractor to accept the changes but "if I have to throw money at it do get it done..."  Goffredo said that he would like to see the numbers, as he may adjust them up or down, and he will get together with Hay's office (for that purpose.)  He added that he would like to have the letter of credit prior to 9/1/2008 so that there is no question and it is not an issue. 

The vote on the motion was 3:1 with Nicholas voting nay and stating that the numbers stay the same.  Kline said that this is not a negotiation and that the numbers are a reasonable estimate by the Township Engineer and the Resolution  stands as it is. 

Discussion of EMS Services & Designation of Forks Township EMS Providers - (Erik Chuss, Public Safety Committee) - Please read Tony Nauroth (Express Times) and Madeleine Mathias (Morning Call) for coverage of this 2 hour discussion. 

NEW BUSINESS

Authorization for the purchase of Police "interim evidence locker" (Erik Chuss, Supervisor) - Chuss explained that the Police Department (PD) modular furniture bid came in under budget.  The installation is not complete.  Phase 1 is done and phase 2 will be completed after the PD re-accreditation in September.  Schnaedter said that of the $46,163 budgeted and approved for the furniture, $44,013 is allocated.  (Update 8/10/08:  According to Chuss at the 8/7/08 BoS meeting, this figure includes the evidence locker purchase.) Chuss said that he looked at the locked cabinets that are currently being used.  They become filled.  An evidence locker would allow the evidence to go directly into the evidence room and not into a cabinet in the wall. Installation would not be a problem.  Chuss made a motion that the remaining furniture budget be used for the evidence locker and that the contract be given to Diversified Storage Solutions for $6,912.87.  Nicholas seconded and the motion passed 4:0.

Fire Company Contribution Agreement (Karl Kline, Solicitor) -  Kline explained the agreement:  The Volunteer Fire Company of Forks Township agrees to pay $25,000 to the Township in 2008 and $15,000 per year from 2009-2018.  This money is to be placed in the Township general fund.  In turn, the Township agrees to place an amount greater than or equal to the Fire Co. contribution as a yearly budget amount in the Fire Replacement Fund account.  Kline noted that to act responsibly, it is likely the Township will set aside more than that amount.  Also, the Township, as owner of the assets (the equipment) also agrees to maintain standard owners liability insurance and to hold the Fire Company harmless for equipment purchases.  In the future, the agreement can only be modified in writing and must be signed by both parties.  Kline said that he spoke with Farley about it and that Farley said that it meets the auditors' requirements.  The agreement represents a $175,000 commitment from the Volunteer Fire Company to the Township.

Nicholas said that she did not understand why the agreement contains language that the Township budget at least that amount since the Township always puts aside more than that.  Kline explained that since the money is going into the general fund, the Fire Company simply wants to be assured that at least that amount of money will be available in the future. 

Nicholas asked that the language be changed from "Fire Replacement Fund" to account #411.700, Capital Purchases - the general ledger account associated with the Fire Replacement Fund.  After more discussion everyone was okay with that change and the agreement was passed in a 4:0 vote.

Establish Ad Hoc Comprehensive Plan Review Committee (C. David Howell) - Howell said that at the joint workshop with the Planning Commission (PC) there was a consensus to establish an ad hoc committee to review the current Comprehensive Plan draft and submit suggested changes to Urban Research & Development Corporation (URDC).  The resultant draft will be subject to both PC and BoS approvals. 

The composition of the ad hoc committee will be two members from the PC (the chair being one) and two members from the BoS (again, the chair is one).  There will also be an alternate from each board.  Howell motioned to establish the six member committee consisting of four voting members and two alternates.  It was seconded by Nicholas. 

In discussion, Chuss reiterated his objection, made first at the workshop, to the "subcommittee" and said that it is his feeling that an expert was hired to guide the formation of the Plan and that same expert has been defending Forks Township for the last 18 months in the KMRD hearings.  Chuss added that there were 30 to 40 residents involved in the Plan as well. 

Chuss said that he objects to a four person committee re-doing the expert's work.  He said that for his money, he'd take the Plan that Mr. Schmehl wrote and not the one that will come out of the non-expert committee.  Chuss called this a "recipe for disaster... when people start questioning the experts..."  He said that he does not want to be part of the committee nor does he want to support it in any way.

Nicholas said that it is not her intention, nor anyone else's on the BoS, to prevent Charlie Schmehl from fixing/writing the Plan.  She said that the committee will just "guide him through it."  She added that she thought "Charlie was trying to accommodate a lot of people with a lot of things."  Nicholas said that there are things in the Plan that she does not want in there - referring to "dog poop."  She said too, that Mr. Schmehl has written very good Plans for other municipalities and she wants this one to be one she can be proud of. 

Howell said that he has visited the City of Bethlehem's website and that it has an interesting Comprehensive Plan survey to gather public comment.  He said that there will be an enormous amount of public input and that URDC is doing Bethlehem's Plan. 

Chuss suggested that the chairmen of the BoS and PC not be involved in the ad hoc committee.  To that Howell noted that it is hard to take a suggestion from him when he's condemned the entire process. 

Resident Sandy Hanks said that she was at all the Comp Plan meetings and kept hearing Mr. Schmehl say that he could put in anything up until the last day.  She said that he really took it to heart and put in every comment.  Ms. Hanks added that there were a few (items) she knew of that she didn't think should be included.

PC Chairman Dean Turner said that discussion of the structure of the ad hoc committee has always included the two chairmen - then two others and two alternates. 

Howell said that he has already received an email from a resident who wanted to know where to send his eight or nine "bullet points."

Miller added that he was at the workshop and it was agreed that the chairmen of both Boards were to be on the ad hoc committee.

The vote to authorize the formation of the committee was 3:1.  Chuss cast the nay vote.

Egolf (absent) notified Howell via email that he would like to be on the committee.  Nicholas volunteered to be the alternate. 

Dean Turner (PC) informed the BoS that Vito Tamborrino and David Billings are the PC volunteers.  (FAC has since learned that Tamborrino will be the primary member and Billings will be the alternate.)

Howell said that he and Turner will meet informally to set up the plan/schedule.  The BoS and PC will be advised of when the first meeting will be held.

Executive Session - An executive session was held to discuss a potential litigation.  No action was taken during or 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 4/17/08

Regular Meeting (agenda)

On this night the Supervisors voted to sign the lease with Lafayette College for the springhouse on Bushkill Drive and to sublease it to the Forks Historical Society.  They also awarded the emergency services training facility (fire tower) contract to WHP Training Towers. - Read more about the training tower in JD Malone's 4/18/08 Express Times article. 

Supervisors' Comments

Supervisor Egolf reminded those present that on Tuesday, April 22nd, the Planning Commission will go over the new Comprehensive Plan - at its 7 PM workshop.  He said that it is important for all interested parties to be there.

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors meeting. The debits and transfers were approved with a 4:0 vote - Nicholas abstained because she had questions on some of the bills and was unable to ask about them before the meeting.  The current outstanding debt is $7,892.258.

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

• Public Safety - Supervisor Chuss - reported that the April 15 meeting was initially scheduled "to go over" the emergency services training tower plans.  They did that as well as address a full agenda including:
  • The Police Department modular furniture bid came in well below initial estimates at $18,396.  A motion was made by Chuss and seconded by Nicholas to purchase the furniture.  The vote was unanimous.
  • The communications issue was addressed with a repeater installed on Montana Mountain in NJ - to help cover some of the "dead spots" in Forks.  Chuss said that it has helped somewhat and is still being tested.  If the problems are not solved, other options will be explored.
  • Thermostats were installed in the police department building to address the HVAC issue there.
  • Chief Dorney is looking into the development of a Township anti-speeding program. There should be an update at the next committee meeting.
  • In an update on Forks EMS:  The directors met last week and discussed reverse billing (where Suburban would do all the billing and pay Forks EMS what they are owed).  They decided against it.  They have made a payment to Suburban $10,050 and are addressing the rest of the past debt (working out payments).  They are paying current  obligations to Suburban.  Also, Chuss reported that the squad's open house went well.
• Public Works - Supervisor Miller - said that the topic of discussion at last week's meeting was a new public works garage.  They are starting to look for a site for it.  Also discussed was Maloney recreation land, Newlins/Sullivan drainage, Lieb Road drainage and Ben Jon Road.  
• Parks & Recreation - Supervisor Howell - reported that the committee's extra monthly meeting was held last week.  They are reviewing the capital requirements for the community park.  Discussed were:
  • Replacement of the main apparatus with a new one chosen by the Recreation Board.
  • Addition of a toddler lot.
  • Neighborhood parks - the committee selected a number of neighborhood parks and a memo will be sent to Miller, the liaison to the Recreation Board, for the selection of apparatus compatible with the parks.
  • Cost estimates of all will be submitted to the Supervisors for consideration.
• Community Relations - Supervisor Nicholas - said that the next meeting will be on Tuesday, May 6th.  The last meeting was canceled.  She reported, too, that she is pleased that two citizens have volunteered to assist the Community Relations Committee.  (Note:  She did not name the volunteers.)
• Finance and Administration - Supervisor Egolf - reported that there is only one committee meeting in April and that will be on April 23rd at 5 PM.  On the agenda is a review of the comprehensive financial report of the 2007 budget prepared by Finance Manager Farley.

Township Manager's Report - Schnaedter - reported that Lafayette College is holding a Master Plan Seminar on Monday, April 21st from 3-4 PM.  Because Lafayette has facilities in Forks, the members of the BoS have been invited.  And, because seating is limited, those wishing to attend, must advise Schnaedter.  Chairman Howell was the only one who said he would be there. 

Schnaedter also said that he and (Zoning Officer) Tim Weis were visited by a representative from the Hazard Mitigation/Disaster Recovery office (note:  Northampton County's Emergency Management Division).  They were advised of a "severe repetitive loss program."  There are seven eligible residents in Forks and letters have been sent to them.  Contact Tim Weis or Angel Gillette, Hazard Mitigation/Recovery Manager with any questions.

Palmer Township has asked for a letter of support from the Township for their Rails-to-Trails grant request for the one mile of unfinished recreation path through Forks Township.  Egolf made a motion to write the letter of support.  Miller seconded.  In discussion Chuss said that he recalled that about two years ago Forks residents (of the area adjacent to the path) came to a PC meeting and described the problems they were having with trail users intruding upon their privacy and their property.  They asked for help from the PC to get buffers or fencing between the path and their properties.  Chuss suggested adding a caveat (to the letter of support) for Palmer to set a buffer between the path and the residents who live there.

Nicholas said if that is added to the letter, Forks would be telling Palmer what to do with "their piece of property."  She also said that a split rail fence has been installed and that she has walked there and there's never been a problem.  Hay said that a buffer is not feasible there because the path is too narrow and it is in a flood plain. 

Howell suggested that a letter of concern be sent from Forks' Township Manager to Palmer's Township Manager.  The motion was amended.  Two letters will be sent.  One in support of the bikepath connection and one expressing the concerns of the Forks residents.  Schnaedter asked if he could copy the second letter to the residents of the Friendly Tavern area.  The vote was 5:0.  (For a brief history of this issue, see BoS Meeting 3/17/2005 and BoS Meeting 4/19/2007.)

Schnaedter announced, too, that the recent Workman's Comp insurance audit resulted in a $7,949 premium reduction and a premium reduction for health insurance netted the Township a check for $79,684.  Also, a DPW employee was hired to fill a vacancy - "after extensive review of over 100 candidates."

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - gave an update on the following recent litigations:

1. Weis Market - the challengers have withdrawn their appeal.  Weis' attorney said that the company is looking forward to moving forward quickly.
2. KMRD procedural challenge - was denied by the Zoning Hearing Board (ZHB) on March 24th.  The Township is waiting for the written ruling from the ZHB.
3. KMRD substantive challenge - should be wrapping up in the next month or so.  The next session is scheduled for Monday, April 21st.
4. Strausser billing dispute - is in arbitration.  On April 17, Schnaedter, Hay, Farley, and Kline "did battle with Mr. Strausser" -  before an arbitrator.  Kline expects one more hearing before the arbitrator's decision.  The Township records show that Strausser owes $93,000 (to the Township.)  Strausser's records are "quite, quite, quite different."  In fact, Strausser thought the Township owed him money. 

Kline explained that the monies owed are for services provided that would be unnecessary if a developer was not doing a project.  When a developer proceeds with a project, he needs certain legal documents drafted - the subdivision improvement agreements, the maintenance agreements, etc. - and the Township should not have to pay for them since, if there were no project, there would be no need for the agreements and no need for the Township engineer to inspect and verify that things are being properly done.  The project (Riverview) started in 2001 and over the years, bills were disputed over and over again.  The $93,000 is the amount owed per the Township's records.

UNFINISHED BUSINESS

Emergency Services Training Facility (Bryan Weis, Fire Chief) - Weis said that four bids were received for the facility.  Three were comparable in price and the fourth was much higher.  Three of the bids were from one bidder using different contractors.  Only one bid, the second lowest, offered the turnkey solution that was sought and met all the bid specifications.  That bidder is WHP Training Towers at $343,518.

In discussion, Howell asked how many Township emergency units will use the facility.  Weis said that although it will be optimized for fire training, the police can use it for tactical training and the emergency squad can use it for rescue training. 

Farley said that the bid price is close to expectations and that the Township will pay up front from the capital funds it has in place (for the fire department.)  He said that it is cheaper to do it this way since the money is there.  Interest payments will be avoided and all that will be lost is the small amount of interest that the Township would have earned on the funds. 

The Fire Company will make an initial payment of $21,759 and will replenish the fund for 1/2 the total cost over a ten year period with a donation of $15,000 per year.  The facility will be owned by the Township and half paid for by the Fire Company.  According to Chuss, the facility should last 20-35 years.

Nicholas said that when she asked to see a contract at the Public Safety meeting, she was told that there wasn't one submitted.  However, Kline said that a contract was included in the bid package. 

Nicholas noted that the BoS has never seen a financial report from the Fire Company.  She added that the Board asks for one from the Forks EMS squad. 

The motion to award the bid to WHP was made by Chuss and seconded by Egolf.  The vote was 4:1 with Nicholas voting nay because she had not had an opportunity to review the contract. 

Another motion was made, this time to authorize Kline to draft an agreement with the Fire Company for their "donations" back to the Township.  It passed 5:0.

For more details, please see JD Malone's 4/18/08 Express Times article. 

NEW BUSINESS

Penn's Ridge - Phases 13 & 14 - Developers Agreements (Karl Kline, Solicitor) - Kline reported that the insurance is executed, the escrow is paid, and the letter of credit is funded.  In other words, all is in order.  This was approved unanimously by the Board.

Lafayette College Spring House Lease and Sublease (Karl Kline, Solicitor) - Kline said that he was "delighted" to report that after a year of working with the college, an agreement for a lease and sublease was reached for the springhouse - the possibly more than 200 year old stone structure (along the Bushkill Creek near the Tatamy border) - and the land approximately 100 feet to the north of it and 100 feet to its south (and from the creek to the road).  The lease is for 10 years and will cost Forks $100 per year.  The Township is also required to provide liability insurance to the college.

In turn, the Township will lease it to the Forks Historical Society for $1 per year.  The Historical Society has received a grant from the State to work on it.  They hope to  open it for public tours when it is ready.

The Board had previously approved the lease from Lafayette and only had to vote on the sublease.  Miller made the motion and it was seconded by Nicholas.  It was approved unanimously.  Nicholas said that she knows some Eagle Scouts who need a project and that they could help the Historical Society to clean it up. 

Forks Historical Society member (and former Forks Supervisor) Morris Metz, said that he made the initial approach to Jim Dicker at the college - for a lease.  Mr. Metz thanked the Board for their "diligence and persistence in pursuing this to completion." He also expressed thanks to Lafayette College for "this partnering" and said that at first they wondered why the Historical Society would want to be involved in a building with no heat, no electric, no water... The exact reasons the group wanted it!  The building dates back to the 1700's and is a part of Forks' history.  Mr. Metz concluded with, "Thank you.  Thank you.  Thank you for all you've done to consummate this deal.  Thank you."

Conventional Loan for Public Works Capital Equipment (Jim Farley, Finance Manager) - Howell explained that Forks has "undertaken a significant capital purchase of public works equipment."  Farley said that in the fall of 2007, during budget discussions, the BoS approved a tentative loan in the amount of $1 million with a term not to exceed 10 years.  This is for the replacement of capital equipment.  The equipment has a life span of 15-25 years. 

Financing ideas were discussed at the 3/17/2008 BoS meeting.  Farley now recommends a loan with a straight line even payment - which will "help keep taxes as a stable level." - High repair costs are a factor in the equipment replacement.

The steps to be followed are that the loan go out to bid, that the successful bidder be determined and the bid awarded, that an ordinance be written, and finally that State approval is solicited from the DCED (Department of Community and Economic Development). 

Nicholas asked how long the process will take and if the DPW will have to wait until next year to get the equipment?  Farley said that with Internet technology, the process will be quick and it's likely that there will be 75-100 bidders.  He will notify local banks as well.  The process could take 1-1 1/2 months.  The delivery time for the equipment is six months to one year.  The new paver will have the quickest lead time.

Kline explained that steps have to be followed and one step cannot be done until the prior step is complete.  He said that the Local Government Unit Debt Act was adopted to keep municipalities from getting into trouble.  The act requires State approval for loans.  It requires that an ordinance be adopted that includes the note and terms.  The Department of Community & Economic Development (DCED) must give its seal of approval.  He thought that it will probably be five months until until the approval from the State is received.

Egolf motioned for approval to put the loan out to bid.  Nicholas seconded.  The vote was 5:0.

For more, please see JD Malone's 4/18/08 Express Times article.  Malone has all the particulars about what is to be purchased. 

Resolution #080414-1 Acceptance of Streets in Shawnee Ridge II (Karl Kline, Solicitor) - Kline said that this development is complete and that Keystone Engineering has inspected the roads.  Upon acceptance the Township will be responsible to maintain the roads - Iroquois Drive, Mohican Drive, Seneca Lane, and Old Mill Road (section C).  The roads will be submitted to the State to qualify for "liquid fuels" credit. 

There was discussion about which stop signs will stay and which will go.  Hay said that the stop sign on Indian Trail (at Old Mill) will remain.  Signs stating that "opposing traffic does not stop" are ready to install. 

The Parks & Recreation committee will address signage for the recreation trail there as well as other trails in the Township.

Egolf made the motion to accept the streets and it was seconded by Nicholas.  The vote was 5:0. 

Kline said that changes to Township signs should be included in the ordinances - to make violations enforceable.  Chief Dorney has a list which will be reviewed at the next Public Safety meeting.  Howell asked that the committee look at parking on Old Sullivan Trail near the YMCA daycare entrance through to the Richmond intersection.  The road narrows there and people are not using the available parking in the lot.

The list will be submitted to the Board after committee review and the ordinance will be authorized at that time.

Municipal Complex CCTV System Upgrades (Rick Schnaedter, Township Manager) - Schnaedter said that the Board has a thick document for their review - of suggested wishes and improvements, of the police, fire, and parks departments, to the CCTV system.  It was 1-1/2 years in the making.  Schnaedter said that the document needs a bond and insurance requirements in order to go out for bids.  Nicholas motioned that the BoS have a workshop/walking tour before the next meeting.  The motion was seconded by Egolf.  The walking tour/workshop is scheduled for 6:30 PM on May 1st.

Executive Session - Personnel Matters - The session concluded with two actions by the Board: 

1. A Senior Crew Chief position was created in the Department of Public Works.
2. A pay adjustment was given to the animal control officer.

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 5/17/2007

The May 17, 2007 Board of Supervisors meeting once again ended with an Executive Session to discuss "litigation" as well as the non-uniformed employees' wage negotiations. Both Madeleine Mathias (Morning Call) and Courtney Lomax (Express Times) covered the most controversial meeting discussion - the proposed T-Mobile cell tower in the park. (Joe Nixon (Morning Call) also covered the proposal in articles on both January 23, 2007 and January 25, 2007!)

Supervisors Comments

Supervisor Nicholas announced that the Forks Days committee is still looking for a secretary to take minutes at their remaining 6 meetings. Harry Bennett, Chairman said that the pay is the same as last year but could be "increased by one more zero." The next meeting is Monday night at 7:00 PM in the Community Center.

Nicholas also asked about the status of the cell tower. Chairman Hoff said that it will be in the Finance and Administration report later in the meeting. Nicholas asked about the status of a projector for the meeting room (ans. - Chairman Hoff said that it's in committee), about voting in the schools (ans. Hoff said that the County wants to keep voting in schools and Supervisor Howell said that the County declined the Township's offer to use the Municipal Building), and about why so much of June Vail's tax report was handwritten (ans. - Finance Manager Jim Farley said that she "chooses" to do it that way.)

Supervisor Miller said that he has been meeting with DPW director, Mark Roberts for tours of the parks and recreation facilities in order to prepare a list of future projects. He further announced that there are 140 teams in the summer basketball program.

Treasurer’s Report - Secretary/Treasurer Howell detailed the debits (cash paid out) since the last Supervisors meeting. Acceptance of the debits and transfers was approved 5:0.

Standing Committee Reports

• Public Safety - Supervisor Nicholas reported that the next meeting will be Tuesday at 5:00 PM and that the committee will be working on the EOP and Forks EMS. William Keifer, President of Forks EMS presented the Board with the first of the squad's monthly reports and briefed the Board on its contents:
  • The squad has been providing 24/7 BLS coverage since April 1st. They had 53 BLS call, assisted on 27 ALS calls, and did 2 medical transports.
  • Financing has been secured with First Star Bank - debts to KNBT, PA workman's comp, and PA unemployment were paid and there is a $50,000 line of credit in place.
  • The squad's new billing company, First States Financial (sic), is already providing revenues - payroll is being met with the money in the bank.
  • There were unexpected vehicle repairs necessary as a result of the (diesel) fleet being idle for so long.
  • The theft loss was paid by the insurance company.
  • Stockertown Council has okayed using Forks EMS for BLS service.
  • The monthly EMS reports will be in the Supervisors' packets going forward. Hoff noted that questions about the "IRS situation" and shared money with Suburban EMS will be discussed at the Tuesday meeting.
• Nicholas asked Schnaedter about the camera for the parking lot and was advised that the vendor hopes to have it installed the first week of June. She also expressed thanks to all the firemen for their work in the last month and extended thanks to their employers who let them leave their jobs to fight fires. She suggested that the Township send a letter of thanks to these companies.

• Public Works - Supervisor Ackerman said that he would provide DPW Director Mark Roberts' report to anyone who wanted to see it. He said that Roberts prepared a good report.
• Parks & Recreation - Supervisor Miller - Miller gave no committee report. His announcements have been moved to Supervisors' Comments above.
• Community Relations - Supervisor Howell said that the committee's next meeting is scheduled for Wednesday, May 23 at 4:45 PM. Howell said that he met with Schnaedter to discuss the webcam and that Schnaedter will report on the progress to date in his report.
• Finance & Administration - Chairman Hoff said that the committee met on May 9 to discuss the purchasing policy as well as bidding procedures - for budgeted items - and that both are on the agenda. He also said that he received a "disaster recovery proposal" from Hodges Technologies - for the computer system - and that it will be reviewed further. Barb Bartek has taken the lead on the Township drop box and there will be new on soon. It will be twice the size of the existing one, be more secure, and, unless it's raining sideways, will keep the contents dry. Hoff next said that the committee wanted an expression of interest/disinterest from the Board on the cell tower. He said that they had the requested updated agreement from T-Mobile and had lots of research from other communities that have towers. The committee will stop discussions with T-Mobile if the Board is not interested in having the tower in the park or continue if the Board wants it.
  • Nicholas said that she had no information in order to base an opinion.
  • Ackerman said that T-Mobile should come and make a presentation to the Board at a public meeting and that the Board should hold a workshop to visit the site.
  • Howell said that he is on record as being opposed to the cell tower in Forks' public park. He said that T-Mobile only approached the Township and no one else. The "hot spot" is near the Community Center - between the new parks garage and the old Laneco. Howell said that it would be a detriment to developing the old Laneco property and that a special exception from the Zoning Hearing Board is required. He said that the footprint would straddle the parkland and the Laneco and would be visible from Sullivan Trail, everywhere in the park, and from the Municipal Building. He shared photos that he took of cell towers along Route 78 with the Board. Howell said too, that it should be on private land and not the "people's park." He felt that a workshop is unnecessary and that there should be a public meeting to discuss it. He said he "wouldn't mind an up and down vote right now."
  • Miller thought that the Board should visit the site. He remarked that the Supervisors used to tour the Township with the public works director and township manager to look at all the roads and parks see what problems were there. Miller said that T-Mobile could approach a private landowner 10 feet from the edge of the park and then the Township would not see any money from it. He said losing two trees was no big deal because the $10,000 or $20,000 would buy a lot of trees.
  • Howell said that the site would be more than just a tower since it would need a road as well as a truck turn-around.
  • Jim Wideman (resident, former PC member, and current Supervisor candidate) said that the Township is trying to resurrect the Laneco site and the cell tower would be a "150 foot visual detractor" and that the Township "may as well get used to the property being empty." He said too, that a 150 foot tower will be a problem for (airport) air space and that it should go in the industrial park or near an existing tower.
  • Schnaedter will have the site staked out and the Supervisors will tour it before the June 7th meeting.

Township Manager's Report - Schnaedter said that the Township received a letter from the LVPC stating that it is holding a public meeting on May 24 to discuss the final draft of the Lehigh Valley Greenway Plan. (Nicholas asked for a copy of the 120 page document.) Schnaedter also said that he attended a Met-Ed rate meeting where they proposed a 5-1/2% rate increase on municipal street lighting. It's not finalized yet and the Township currently has $40,000 in the budget for lighting. There will be a meeting with a representative later this month for more details. Schnaedter also said that the Community Relations committee met with representatives from Virtual Systems, the company that designed the webcam/operating system for Emmaus. The cost is more than originally thought. And, because they want to modify the website as well, the current website designer has been invited to also give a proposal. ... As to the "milling machine," Schnaedter is waiting to hear from Lower Nazareth.

Engineer's Report - None

Solicitor's Report - Solicitor Kline said that the low interest PEMA (fire truck) loan closing is set for May 24, 2007.

Comments from the floor - Resident Ken Nagy told the Board that the Laneco property has been empty far too long and that the Board should call the LVEDC and ask them "why?" Nicholas said that Schnaedter should make the call. Nagy was told that the property has an owner and an approved plan. Nagy said that it would make a great backup data center for NYC.

Nagy further said that there is plenty of money in the County for recreation and that Forks pays .5 mil to the County and gets nothing in return. The cities of Easton and Bethlehem are getting $1.7 million for recreation - both are really "economic development" according to Nagy. Five years ago, Forks got $200,000 and has been ineligible since then for more until other municipalities get money. Nagy told the Board that no more money should go to the County and that the .5 mill should be kept and used in Forks. He added that the open space program is creating estates and buffer zones around homes - the land is not open to the public. No County parks have been created. Nagy said that Phillipsburg, NJ successfully pulled out of the Warren County open space program.

Miller asked Kline to look into it. Nicholas asked Farley how much money is sent to the County and was told $300,000 to $400,000. Nagy said that both Bethlehem Township and Forks are cash cows (to the County.)

Ackerman said that he should have mention the hazardous condition of the house on Newlins and Richmond - the one that the fire company has been using for training - during the Public Works section. He said that there was a recent arrest there. He believes the house should come down. Police Chief Dorney confirmed that there have been sporadic issues there as well as an arrest. Fire Chief Bryan Weis said that the DPW has secured the site and that the fire company has classes scheduled there for June and that they are needed for their accreditation efforts. He asked if it could remain there until the end of June and was told that it can.

UNFINISHED BUSINESS

RIVERVIEW ESTATES/CONDITIONS OF TIME EXTENSION/RESOLUTION - Kline explained that Strausser Enterprises was to have submitted final plans for all phases of the Riverview Estates development by 4/20/06 and because Strausser failed to do that, he loses his right to the PRD that was initially approved. (Note: In the new Zoning Ordinance, there is no PRD). The developer has filed plans for phase 6 but not for 5 and 4A (the country inn). Keystone Engineering has a punch list of deficiencies for phases 2, 2A, 2C (clubhouse) as well as phases 3 & 4. This resolution gives Strausser an extension to November 30, 2007 to clean up all the deficiencies, to execute the agreement for phase 7 (100 townhouses along Frost Hollow), to provide the necessary security for phase 7, and to deed the one acre parcel on Frost Hollow for the pump station (for sewer on Route 611) to the Township. Additional conditions are that all the deficiencies in the construction review and escrow account be paid and that all letters of credit for outstanding "stages" be renewed. And, then he can submit final plans.

In discussion it was noted that some of the punch-list items had been completed but not the majority as Sal Panto said at a previous meeting. Attorney Asteak (for the developer) was not present. Kline said that that indicates Straussers' agreement to the conditions of the resolution. Kline also said that Strausser disagrees with the amount owed for escrow and that an arbiter per the MPC may become involved. Howell asked what the number was and Kline responded that Strausser had disputed every bill since 2000. The Strausser fire several years ago, makes comparing records difficult (they were destroyed). Hoff noted that Strausser has been "the most challenging developer." Kline also said that Strausser must withdraw the plan for Phase 6 or it will be deemed "untimely filed." The resolution passed in a 5:0 vote.

NEW BUSINESS

PENN'S RIDGE PRD/AGREEMENT AMENDING SEWER EASEMENTS - Kline said that moving the easement for phases 9 & 11 to line up better with a subsequent phase is okay with the Township engineer and that everything is in order. It passed 5:0.

PENN'S RIDGE/PHASES 13 & 14/SKETCH PLAN - The developer, Omega Homes, presented the final phases for the Penn's Ridge development. The development's plans were approved in 1997 and phases 13 & 14 (as well as 9 & 11) were intended to be apartments. Market conditions changed. In 2005, phases 9 & 11 were changed to townhouses/condominiums. Phases 13 & 14 were also changed. There will be 102 condominiums with 62 in 4/5/6 unit buildings with two car garages. In addition, the Board saw a concept sketch for four 3-story flats. They are condos with 1 story living, 10 units per building. They will have one car garages, 2 units on the first level, 4 on the second, and 4 on the third with access through a central core. The private roads are 25 feet wide with Belgian block curbing. Per the Planning Commission recommendations, parking will be restricted to one side. The condominiums are higher end than the rest of Penn's Ridge and will be located to take advantage of the "view corridor" provided by Bushkill Creek. There will be two areas of open space and one of commercial. Howell asked that the commercial convenience store be made to look natural in the setting. The PC also recommended that the street near the school bus stop be widened for parents to park (when waiting for the school buses.) Weis asked if the buildings will be sprinkler-ed - they will. The homeowners association is already in place.

JACOB'S FARM II/LAND DEVELOPMENT/PHASING PLAN - The developer's representative detailed the new phasing plan - phases 1 and 2. There will be 60 lots in phase 1 and 75 lots in phase 2. Two lots will be reserved for temporary overflow parking - until the start of phase 2. Braden Boulevard and the detention pond are included in phase 1. There was discussion about grass in the Braden medial strip. Nicholas and Ackerman don't want it. It will be a Township roadway and neither of them wants to send the manpower there to mow it. The original plan was approved with it. Nicholas asked the that the developer revisit the grass. The new phasing plan was approved 5:0.

POSSIBLE LEASE OF LAFAYETTE COLLEGE SPRING HOUSE ALONG BUSHKILL CREEK - Kline explained that Lafayette College owns the small stone building along the Bushkill and that member of the Forks Historical Society, the Township, and Lafayette have been in discussion about the Historical Society preserving it. It is over 200 years old. Lafayette is more comfortable entering into a lease with the Township. The Township would then sub-lease it to the Historical Society. The building has no running water, no electric, and is in the flood plain so no land development can be done there. Howell said that Senator Wonderling is facilitating a $5,000 grant to help. Members of the Forks Historical Society, Carl Miller, Morris Metz, and Carl Babp (sic), described their plans for the clean-up of the stone building. They said that the windows were slits perhaps for defense and in very good shape. The lease term is 10 years with automatic 5 year renewals. Nicholas wondered if exterior work on the site would be a good Eagle Scout project but was told that in the 100 year flood plane very little can be done. Nothing can be built there, not even flower walls. Bob Egolf (Zoning Hearing Board and Supervisor candidate) suggested that the Eagle Scouts could do some educational/historical interior work. Howell suggested that the Historical Society work on a plan for the building. Kline was instructed to draft a lease in a 5:0 vote.

PLANNING COMMISSION RESIGNATION - Les Ottenwalder's resignation was accepted in a 5:0 vote.

PURCHASING POLICY & BIDDING PROCESS - Farley began the discussion with a description of the packet prepared for the Board - a mission statement (old but good he said), the purchasing section, and the bidding process. There was a long discussion of who should sign what and when. The suggestions made by the Board are going back to the Finance and Administration Committee for further consideration.

BUDGET AMENDMENT - Farley explained that budget revisions were needed to cover the arrangement with Stockertown, salary/wage changes, and the Easton Joint Sewer Authority contribution. Miscellaneous unanticipated revenues, like the $5220 from the flood, Liquid Fuels money, etc. are also included. Nicholas asked about the destroyed patrol car and whether or not the camera, also destroyed and worth $5,000, was insured. It will be looked into. The amendment passed 5:0.

EXECUTIVE SESSION - The session was held to discuss both litigation and the non-uniformed employees' contract negotiations. No action was taken by the Board during the executive session and the meeting was adjourned.

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