BoS Meeting Notes - 1/21/2010

Recreation Board Interviews & Appointments - 6:00 PM

After the BoS Recreation Board candidate interviews concluded, an Executive Session was held.  Supervisors emerged and voted 5:0 to reappoint John O'Neil.  They then voted 3:2 (nays by Chuss and Rogers) to appoint Beverly Dalrymple, a new face.  Ms. Dalrymple brings support for neighborhood parks as well as for varied programs for adults and for non-sports-minded children to the Recreation Board mix.  Recreation Board appointments are  for five year terms.

Regular Meeting - Agenda

On this night, Supervisors learned that KMRD has filed an allowance for appeal to the PA Supreme Court in their oft-denied Procedural Challenge, that One Truth Church wants to rent monthly space in the Community Center for worship services, and that the amphitheater project has been sent to the new Township engineer for review. 

Also, the Board finished filling all appointed board and commission vacancies.  The 3-1/2 years in-the-making-Comprehensive-Plan-update was moved one step closer to adoption with the scheduling of a public hearing for February 18th.  And, refinancing of the bond will save money and pay for the new public works garage.  The contract for engineering/architectural services was approved.

Public Comments (non-agenda) - none

Supervisors Comments 

• Supervisor Egolf said that on Tuesday night he was elected to the Board of Directors of the Bushkill Stream Conservancy.
• Supervisor Chuss announced that he was invited (at the last minute on Thursday night) to attend a (Business Network International) BNI International meeting.  This group of regional owners and business managers meets weekly at Riverview and mostly shares information and leads, gives testimonials to each other, and has a networking focus.  Chuss was asked if Forks Township would like to send a representative.  Dues and other membership requirements apply.  When Chuss receives the information he will see that Supervisors get it for review.
• Supervisor Billings said that Senator Mensch's staff will hold office hours twice a month in the Forks Community Center beginning February 2nd from 9:30 to 11:00 AM. 

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 $7,737,126.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that the committee met on January 13th at 7:15 PM and that it was a good meeting.  A lot was done.  Chief Dorney and and Zoning Officer Weis will take a look at the Old Sullivan Trail traffic problem created when parents pick-up and drop-off their children at the Y daycare. They will report back to the committee.  Also, Monday, August 2nd from 6-8 PM is National Night Out and Chief Dorney suggested that it might be a nice time to kick off the formal opening of the bandshell - a community event.  Bryan Weis sat in for Rich Bassett.
• Public Works - Supervisor Howell - reported that the committee has one agenda item tonight and will next meet on the second Tuesday in February at 7:30 AM. 
• Parks & Recreation - Supervisor Rogers - said that the committee met on January 6th and talk was in generalities but with the change in Recreation Board membership "we'll have different perspectives and  will pinpoint a clearer direction for this year."  
• Community Relations - Supervisor Chuss - said that the committee met on January 11th and discussed Forks Community Days and an issue regarding the dates.  If they are the dates normally selected the event will be September 18-19.  It was suggested that the Community Days Committee decide which days it prefers.  However, at this point no one has stepped up to volunteer to coordinate the weekend.  The Forks Business Association may become the coordinator.  Schnaedter said that the association will make a formal presentation at the February 4th BoS meeting.

Chuss said that the draft Forks Quarterly went to the publishers on the 11th and that proofs should be back for review in a few weeks.  He added that Schnaedter has suggested skipping an issue of the Quarterly (last year there were only three issues) and replacing it instead with an updated Township map and a calendar.

The committee is also discussing the Township website and content updates, real time updates, and Webcasting (of BoS meetings).  Chuss said that technology has changed since the last time Webcasting was explored.  It may be feasible now.  The website content manager will be consulted.

Chuss said of the possible creation of an arts council that "instead of picking a date and wondering if people will show up," information flyers and signup sheets will be placed in the Community Center and in the Municipal Building.  An announcement will also go on the website and the newspapers will be contacted to see if they are interested in running a story on it.  He said that it will not be limited to painting and sculpting but will include culinary arts, gardening, landscaping, music, and coordinating the amphitheater schedule.  "It will be up to the group."

• Finance & Administration - Supervisor Billings - said that the committee met on January 13th and financial reports were discussed.  Finance Manager Farley updated the Board on the preliminary year end figures.  He reported that 2009 revenues are on target with projections, in fact they are over by $12,000 and expenses are $434,000 lower than were budgeted.  There will be additional audit entries (like depreciation) that will take away about 1/2 of the surplus.  Coming into 2010 "the surplus is where we want it" at more than $500,000.  Farley congratulated all the staff for their efforts to "aggressively" find the best bargains when purchasing and for "looking for opportunities to stretch a dollar." 

Billings said that (bond) refinancing is on tonight's agenda as is the agenda setting policy and a goal setting session.

Billings reported that currently there is no Community Center rental policy.  The committee will update the current rental application and has asked PSATS (Pennsylvania State Association of Township Supervisors) for a sample rental policy.  It arrived late today and will be distributed to the Board for review.  At this time, One Truth Church wants to rent space monthly in the Community Center for Sunday services but without a rental policy in place, no action can be taken on its rental request.

Billings also reported that the amphitheater drawings have been sent to Township Engineer Muller.

TRCOG (Two Rivers Council of Governments) has asked if Forks Township wants to participate in a  cable franchise agreement survey.  They are exploring a regional aspect and need Forks' response by February 15th.  This will be an agenda item for the next meeting.

Township Manager's Report - Schnaedter said that he had nothing to report since all of his items had been covered.

Engineer's Report - Muller filled the Board in on what he had been doing since the beginning of the year.  He said that he reviewed several lot grading plans as well as some final grades for building projects.  Braden Airpark is under review and has been before the Planning Commission (PC).  The Dietzler minor subdivision plan presented to the PC has been withdrawn. 

Regarding the Meco/Sullivan traffic light, there is a meeting scheduled for Thursday with the engineer for the project, Verizon, PennDOT, and Schnaedter - "to push it forward and get it done."  Muller said that having everyone in a room together will eliminate the "he said/she said."  Muller hopes to report in a month or two that it is ready to go.

As to the new public works garage, he said that there is not a lot to review (from an engineering standpoint) yet.  He  noted that it looks like the garage is being sited to allow for more use of the land in the future.   

Solicitor's Report - Kline - reported that KMRD has indeed filed "a petition for allowance of appeal" to the PA Supreme Court - of the Commonwealth Court's ruling against their Procedural Challenge to Forks Zoning ordinance.  KMRD had 30 days to do this after the December ruling.  It remains to be seen whether the PA Supreme Court will take this case on their docket.  The court will decide if there is significant Statewide significance.  Kline said that he expects to learn in 30 days if the court will agree to hear it.  

He reminded the Board that the Substantive Challenge is still in the Northampton County Court of Common Pleas.  (This is the challenge alleging discrimination in the Zoning Ordinance.)

Please read Tony Nauroth (Express Times) and Tom De Martini (Morning Call) for more details.

Misc:  Chuss asked about the Lafayette contract for the wrestling building.  Schnaedter said that (Community Center Coordinator) Miller sent it over late this afternoon and that he was merely advising the Board that he had it.  Kline said that a copy was sent to him as well and he has questions since the Lafayette College Wrestling Club is not the same as Lafayette College.  He will call Miller for more information. 

UNFINISHED BUSINESS

Appointments for various Boards and Commissions - After last week and this week's candidate interviews, Chuss announced the following appointments:

• Planning Commission - Vito Tamborrino (4 yr), Joseph Rizzo (4 yr), and Robert Rusnak (Billings unexpired term)
• Zoning Hearing Board - John Pappas (5 yr)
• Recreation Board - John O'Neil (5 yr) and Beverly Dalrymple (5 yr)

NEW BUSINESS

Proposal & Contract for Architectural & Engineering Services (Rick Schnaedter, Township Manager) - James Bogrette made a presentation to the Board of the second step in the public works garage process, the tightening of the numbers on the master concept plan (now deemed a schematic plan) - and the engineering services.  He said that now a high level of detail is needed to start defining every bit of the project and its unique features - the green roof and landscape architecture.  He will put together a RFP and invite a select group of firms for bids.  This will take it through more site and land development and the firms, who have worked with Kimmel Bogrette before, will understand their intent and not panic and overcomplicate it. 

Mr. Bogrette said that he has three names for mechanical and structural work and will share them with Schnaedter in order to be as transparent as possible.  Kimmel Bogrette proposes to work hourly on Phase 3 with a not to exceed number in place, billing only for what it takes and if it takes more time, the cost would be on Kimmel Bogrette and not on the Township. 

Howell remarked that this is his first time going through a project of this type and that the narrative is very well laid out and very clear.  He is looking forward to the relationship.

Egolf asked if there would be geological testing of the land.  He was told that it would absolutely be done and the estimated cost is between $8,000 and $14,000.  It will be done sooner rather than later.  Kimmel Bogrette recently went through this with Hanover Township and got really competitive bids, all within $600 of each other.

Chuss noted the costs to be $284,000 with $45,000 to $55,000 in engineering and geotechnical fees. It is in line with the anticipated costs. 

Kline asked if that included the search for voids given the karst topography.  He was told that there will be eight to ten borings near the building site and more where there will be heavy loads (like the salt storage area) and heavy equipment (like trucks) along the driveway.  They will also discover where the water table exists on the site.   

Billings asked for explanation of the "not to exceed" number in the construction contract.  Expected is $35,000 to $55,000 for construction administration for architectural services.  The bottom line is that if it is exceeded it becomes Kimmel Bogrette's risk. 

Howell questioned site visits at appropriate intervals.  He wondered if they advise townships to hire a person who does more micro-management.  Mr. Kimmel said that "when the building emerges out of the ground," they are on site frequently and will be there as the ebb and flow of the project requires.

Kline offered that the Township had a "clerk of the works" for the Municipal Building.  Egolf wondered if a construction manager should be hired and who is ultimately responsible?  Mr. Kimmel said that Kimmel Bogrette is ultimately responsible for the Township to get the building that is designed, specified, and purchased.

Schnaedter said that a clerk of the works is not needed since he, DPW Director Roberts, and Township Engineer Muller will be on site on a regular basis.  

Egolf said that staff told him that the Municipal Building construction far exceeded the budget.  Schnaedter noted that he attended the PSATS program, Facilitating the Facilities, and how important it is not to just hand a project over to someone.  It is important to have the right people and adequate oversight. 

Kline's recollection is that the Municipal Building came in pretty close to budget but did go into the contingency.

Farley said that a full reconciliation was done and that the old Supervisors thought the total campus project was over budget.

Kimmel & Bogrette's track record is below 1%.  They are very proud of that.

Howell made the motion that the proposal and contract for architectural and engineering services be approved at a not to exceed number of $408,000.  Rogers seconded and it passed 5:0.

Please read Tony Nauroth (Express Times) for more.

General Obligation Bonds, Series of 2010 (Jim Farley, Finance Manager) - Gary Pulcini, the Township's financial consultant, provided a booklet to the Board showing bond interest rates for the last year as well as a time and event schedule and detailed numbers.  

Assembling information started the week of December 20th and on January 3rd more was received.  On January 14th, the first draft of the POS (Preliminary Official Statement) was distributed and some comments have already been received.  A second draft will be distributed tomorrow.  There will be comments on the second draft the week of the 24th.  Comments are due on the Notice of Sale on February 2nd.

On February 4th the Board will be asked to a resolution approving the sale of the Township's 2003 bond - and paying off the 2008 loan - and authorizing moving forward with rating agencies, etc.  The rate will be locked in on the night of the 18th, the date of the bidding.   The auction is done online through MuniAuction.

Supervisors were told that this is a great time to be doing a project as the rates are low.  In fact, on October 1, 2009 they were the lowest they had been (3.94%) in the last 40 years.  Rates are currently at 4.31%. 

The anticipated savings from the refinancing of the old debt is $391,198 and $12,658 in the refinancing of the 2008 debt.  The old debt will pay off the new debt.  All will be paid off in 2027. 

Howell asked about the PEMA loan.  Farley said that Forks is carrying three PEMA loans and that is the maximum permitted.  This will eliminate the oldest (and lowest at $16,000) one.  When the financing is settled, there will be a new PEMA loan at 2% a new fire truck. 

Howell made a motion to approve the General Obligation Bond Series of 2010 process.  It was seconded by Billings.

The motion passed 5:0.

2010 Goal Setting Session (Rick Schnaedter, Township Manager) - Schnaedter said that goal setting came up at the Finance & Administration Standing Committee meeting some time ago and the committee was in support of doing it.  A session was held in January 2009 and was run on a Saturday by Lafayette College at a cost of $65/hr with a not-to-exceed amount of $1,000.  He said that he was looking for the Board's direction as to whether or not it should be run by Lafayette College this year or done in-house.

Chuss said that last year's session at 6 hours was long.  He suggested that last year's unaccomplished goals be put on a list and that Supervisors and staff meet one evening for two hours.  Schnaedter said that providing the new Supervisors with a list of last year's goals with a commentary of "where we are on those" will streamline the process considerably. 

It was decided to have the session on Monday, February 8th at 5 PM.  Dinner will be provided and because Lafayette College is "independent," it will be asked to lead the session - at their current rate of $65/hour.

Board Agenda Policy (Rick Schnaedter, Township Manager) - Schnaedter said that a document has been drafted for Board consideration.   It is designed to give better direction to the professional staff in the procedures for preparing agendas.  It also says that documents should be delivered to the Manager's office in a timely manner for inclusion in Supervisors' packets.

Chuss asserted that the chairman is to set the agenda and run meetings.  He asked Rogers to confirm this (from her Supervisor course training) but she could not.  Schnaedter said that the document should have a provision that the agenda should be prepared in consultation with the chair. 

Billings asked Kline about the chairman setting the agenda since he could not find anything in the code about it.  Any Board member can add to the agenda as long as it conforms to the timelines.  He said that he spoke with PSATS and was given the advice to "make it an open process."  Howell said that actually the proposed agenda policy does intimate open/equal access.

Chuss declared that he does not want to be accused of not fulfilling his duties as chairman. 

Howell said that in conversations with PSATS last year "that every Supervisor has equal access to the agenda."

Egolf said that a procedure was wanted and now as a policy it needs a number.  Schnaedter will give it an internal number and will develop/write the procedure details to go with the new policy.

Howell made a motion to accept the meeting agenda policy.  Rogers seconded.  The vote was 5:0.

Comprehensive Plan (Dean Turner, Planning Commission) - Turner thanked the Board for filling the Planning Commission (PC) vacancies so that there was a full board for the January 14th PC meeting. 

Turner reminded the Board that the Comprehensive Plan was tabled at the December 3rd meeting so that all Supervisors could have a chance to review the changes that come about from the BoS public hearing.  The updates/changes were documented by Charlie Schmehl (URDC) and delivered to the Board on December 3rd. 

Turner said that the PC would like to get the Comprehensive Plan approved in the early part of the year so that the PC can make the necessary changes to the SALDO and the Zoning Ordinance in 2010.  It is a long process.

Kline noted that if the changes to the Comprehensive Plan are substantial that the Board of Supervisors must hold a public hearing and then vote.  It was decided to have the public hearing in February.  Kline will publish the legal notice which must be posted for two weeks.  Also, the public must be able to look at the final document.  Zoning Officer Weis said that it is on the Township website and in the Municipal Building.

Turner then shared his exasperation at a this "update" process that started in the Fall of 2006 - that is 3-1/2 years  - and when on the BoS agenda it is always the last item and is continually postponed.  He said that he has a life and that this is interfering with that life.

Chuss said that he still objects to the Town Center density in the Comp Plan.  Howell explained that the Transfer of Development Rights (TDR) was put in the plan as a defensive move, a way of bulleting proofing the Township further from developers' density challenges.  It is a "silver bullet" that is needed. 

Egolf said that the Board should look to Dean who has been at this for 3-1/2 years.  He noted, "The thing is out of diapers, is potty trained, let it have a life of its own."

Howell made a motion to provide within the Comprehensive Plan higher densities in the TC district with the use of TRDs as recommended by the ad hoc committee and a hearing date of February 18th at 6:30 PM prior to the regular BoS meeting.  Billings seconded and it passed 5:0.

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

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

BoS Meeting Notes - 12/17/2009

Regular Meeting (agenda)

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

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

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

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

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

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

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

Public Comments (non-agenda) -

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

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

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

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

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

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

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

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

Supervisors' Remarks:

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

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 5:0 vote. The Township's current outstanding debt is $7,739,994.

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

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

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

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

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

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

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

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

UNFINISHED BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

NEW BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Executive Session - There was no Executive Session and the meeting was adjourned.

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

BoS Meeting 10/4/2007

Forks Township's Board of Supervisors got to the business of the Kings Mill agenda item rather quickly. The meeting room was near capacity. The Board gave the people a chance to speak, a motion was made, discussion followed, and then the vote. The Board, by a margin of one vote, agreed to disagree with the motion put forth by Supervisor John Ackerman and seconded by David Hoff, to offer an indefinite continuance (a time out) of the Kings Mill zoning hearing while a settlement is discussed. Please read JD Malone (Express Times) and Tom De Martini (Morning Call) for more. More notes on the meeting follow.

SUPERVISOR COMMENTS

Supervisor Howell was happy to report that the Rest In Peace (RIP) signs that had disappeared from the Strausser-cut maples on Old River Road have been found by the DPW. He said that he had a permit for the signs and that they will be returned to him tomorrow.

Supervisor Miller reported that they are half-way through the fall season for football and soccer - both will finish in the first week of November. Sign-ups for winter wrestling and basketball are in progress. He noted too that the Girls Varsity High School Basketball League with its ten teams, generates income for the Township.

TREASURER'S REPORT - Secretary/Treasurer Howell detailed the debits (cash paid out) since the last Supervisors meeting. The debits and transfers were approved with a 5:0 vote.

Standing Committee Reports

• Public Safety - Supervisor Nicholas - stated that the committee needs the promised monthly financial reports from Forks EMS. None have been submitted since June. A representative from Forks EMS was a no-show at the Public Safety meeting. Solicitor Kline will send a letter to the EMS requesting a presence at the next BoS meeting (October 18) as well as a financial statement. The statement must arrive in time for inclusion in the Tuesday BoS packets.

Nicholas said that the fire department is going to purchase a "repeater." Fire Chief Bryan Weis described its function as allowing the fire, police, and EMS to communicate independently of the 911 system (if needed) during emergencies. It will be mounted on the Paxinosa tower and provide township-wide range. The cost is approximately $5,000. Weis also reminded everyone of the Fire Department Open House scheduled for Saturday, October 6th from 11-4. He said that there will be fire truck rides for the kids, demonstrations of vehicle rescues/fires, tours of the facility and the equipment, and more.

Nicholas said, too, that Police Chief Greg Dorney will purchase a computer that will allow victims of domestic crimes to be processed in Forks instead of being taken to the Northampton County Courthouse. It will keep the officers in Forks and be less stressful for the victims as well.

• Public Works - Supervisor Ackerman - said that there was no meeting this week and that the committee's next meeting is Tuesday. DPW Director Mark Roberts summarized the work on Glover Road (pipe installations in preparation for paving, grading, and roadside swales) and he said that leaf collection will begin in a few weeks.
• Parks & Recreation - Supervisor Miller - no committee report. See Supervisors Comments above.
• Community Relations - Supervisor Howell - said that the upcoming edition of the Forks Quarterly is being done completely by Township Manager Rick Schnaedter. Schnaedter is to meet with the publisher/editor tomorrow. Howell said, too, that the committee met with the website consultant this week and that one of the significant website enhancements will be an interactive calendar. Other improvements to the site will include menu and navigation changes to make getting to content easier.
• Finance & Administration - Chairman Hoff - said that the committee discussed budget items as well as ongoing projects (the server and the employee manual.) At the meeting next Wednesday, they will discuss the 2008 budget for the office and for zoning.

TOWNSHIP MANAGER'S REPORT - Schnaedter - announced that the Two Rivers Council of Governments (TRCOG) will meet at the Wilson Borough Hall on October 17th. On the agenda is a "mutual aid agreement" and discussion of a "regional plan." He also said that the new municipal sign on Sullivan Trail is installed. It will be partially landscaped this fall. Schnaedter also said that in the winter there will be a new Community Guide (including a large map of the Township and contact information) mailed to each household.

Ackerman, Forks' primary representative to the TRCOG, asked the Board for instructions regarding the regional comprehensive plan. Howell, also a Township representative to the TRCOG, said that Lafayette College, Representative Bob Freeman, and others are asking for the Township's "leanings." Hoff said that the Board needs more information than what has been proposed. Both representatives will attend the meeting with "open minds" (per the Board.)

ENGINEER'S REPORT - Hay - agenda items only.

SOLICITOR'S REPORT - Kline - said that the agreement to purchase 150,000 gallons/day of sewer capacity from Wilson Borough has been signed and that the first payment (for 37,500 gallons) has been made. Kline also said that former employee Sean Shupe (sic), who was terminated for cause, has requested arbitration in accordance with the employee manual.

UNFINISHED BUSINESS

Ordinance # 305 – SALDO/Adoption - Kline reported that this was properly advertised, reviewed, and fine tuned by the Planning Commission. Hay requested that a line be added that states that plans must be also submitted in Autocad format. Kline said that "requiring a piece of information in an additional format" is not a material change to the ordinance and thus can be added without re-advertising and re-submission to the Lehigh Valley Planning Commission (for comment.) Howell asked if the Kings Mill partners can include this SALDO adoption in their procedural lawsuit and Kline said that, because of two recent court decisions, they can go back 50 years - and yes, they can include this. Howell then asked Kline if a resolution could be crafted that would include a broad range of submission requirements. Kline said that it needs to be in the SALDO. The SALDO was approved in a 5:0 vote.

COG / Mutual Aid Agreement – Emergency Public Service Agreement - The Board had only a crossed-out and scribbled-on version for consideration. Hoff said that it was his understanding that the agreement would allow the Township to be reimbursed from PEMA and FEMA. Ackerman said that there has to be a separate agreement with each municipality. Howell said that he thought this was to be a comprehensive agreement that all would sign. Nicholas said that she would not vote unless there was a final copy. This was tabled 5:0 pending receipt of a final copy of the agreement.

Ordinance 304/Amendment to Chapter 159 - Solid Waste of Township Code - Kline explained that the Township receives money from the State based on the amount of recycling that it does and that the State now mandates littering and dumping language in the ordinance. This amendment would add the necessary State approved language. Because this was just added to the agenda, the Board had no copies in their packets for review. It was tabled in a 5:0 vote.

NEW BUSINESS

Resolution # 071004-1 – KMRD, L.P. Litigation – Suspension of legal proceedings - The lengthy notes of this discussion are posted above. See Bos Meeting 10/4/07 - Kings Mill Discussion and Vote.

The Greens @ Two T’s – Application for Review of Sketch Plan - Lou Ferrone, PE for the project sent a letter to the Board asking that Supervisor Howell recuse himself from any projects involving Ferrone. Apparently Ferrone, as Chairman of the Easton Parking Authority is being sued by the Riverkeepers (a national organization) to which Howell belongs. Kline explained that it was not a conflict of interest as there is no financial interest (for Howell or his family) in the outcome of the Two T's project. It was decided that Howell could render a fair and impartial decision and that recusal was unnecessary. Howell said that he contributes to many national organizations and that he is not suing Ferrone.

The Board was shown a sketch plan for an age restricted (55+) mobile home park on the 16 acre site of the current Two T's driving range. The owner, Tom Detzler (sic), explained that he is saddened by this decision but cannot find a workable solution since neither Jacobs Farm nor the pipeline company will give him an easement to install higher nets (he already purchased). He further explained that the higher nets are not guaranteed to keep the hard hitting drivers from hitting the homes in Jacobs Farm with golf balls and the only solution he can see is to build what's allowed in the EC1 zoning district, mobile homes - 45 of them.

All existing trees and tree rows will stay or be transplanted to other portions of the property. There are 300-500 specimen trees. The miniature golf course, the club house, and the pro-shop will remain. Hay commented that this project should have access to Sullivan Trail and not be reliant on access to Kesslersville Road. A Highway Occupancy Permit (HOP) will be necessary.

Kline said that the Planning Commission recommended that the BoS assist in any way it can to get the necessary easement to keep the business in the township. He felt that doing additional "jawboning" is about the only recourse the Township has since eminent domain is not appropriate for private use. One more attempt will be made to convince the parties that a driving range is preferable to more houses.

Met Ed Resolution – (6) new Street lights /The Preserve Development - Hay asked that this be tabled. He said that there are nine (9) lights out. The request to table passed 5:0.

Penn’s Ridge / Ph. 13 & 14 – Final Plan Approval - In discussion of this final plan, the Board learned that two school bus stops have been added to the interior of Penn's Ridge and that the recreation path behind phases 9 and 11 is complete. These phases represent the end of the Penn's Ridge project: 102 condominiums, 62 townhouses, and 40 flats will bring the total residential build out to 540. The final plan was approved in a 5:0 vote.

Police Collective Bargaining Agreement - This 18 page agreement was negotiated by Kline and Schnaedter with the police collective bargaining unit. Schnaedter reported that the agreement is for a five year contract beginning on January 1, 2008 and that the first three years contain rate adjustments to bring the officers' pay to parity with neighboring departments. It also contains clarification of over time for court appearances and supervisor pay rates for corporals and captains.

Kline said that the police department gathered comparative rates for other departments which showed that Forks full time officers are paid $5,000 to $8,000 less than their peers. Discussions began in April or May. Kline noted, too, that the bargaining unit handled the negotiations in a very professional manner and that the department sought accreditation on its own.

In summary, the contract provides for 4% increases in all five years as well as the additional increases in the first three years to make up for the shortfall. There are no changes to the shift differential, nor to the medical & benefits provisions. There are provisions for allowing the use of compensatory time instead of standard overtime. The Board approved the new contract in a 5:0 vote.

COMMENTS FROM THE PUBLIC (NOT AGENDA ITEMS) - Resident Sandy Hanks asked about the Township's agreement with RCN and why her neighbor was told that it will cost $1100 to bring the cable to her home when it's already across the street. Kline instructed Schnaedter to inquire into it.

There was no Executive Session and the meeting was adjourned.

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

BoS Meeting 9/20/2007

Forks Township's Board of Supervisors voted 4:0 (Ackerman was absent) to file suit against Strausser Enterprises and Gary Strausser personally for cutting down the Township's eight stately maple trees on Old River Road. Read more from the meeting in:

• Express Times - JD Malone - 9/21/07
• Morning Call - Tom De Martini - 9/21/07

And, for further developments, see:

• Express Times - JD Malone - 9/22/07
• Morning Call - Tom De Martini - 9/22/07

Notes and details of the entire meeting follow.

SUPERVISOR COMMENTS

Supervisor Miller reported that the Historical Society rescued a 1944 WWII plaque from the basement of "Forks Elementary Grade School" and has restored it. The mahogany plaque contains the names of 84 Forks residents who served in WWII and was made by Eisenhardt Mills. Some of the people whose names are on the plaque are still residents of Forks. The Board voted 4:0 to display it in the Municipal Building foyer.

Supervisor Nicholas announced that the Forks Community Days weekend was a big success. She said that there were three bands in the "battle of the bands" and that one of them was made up of two 10-year old girls. Nicholas said, too, that the fireworks were great. (Note: The Express Times awarded Forks Township's Community Days a TROPHY in its September 22 edition.) Nicholas again thanked Susan and Harry Bennett as well as DPW Director, Mark Roberts for spending his entire weekend on site, the DPW department, the residents of Lockwood Congress who manned the information booth, the Fire Department for the coverage of the fireworks, the Police Department, Pitch Fork Nursery for the free hayrides, the Historical Society, and all other contributors.

Nicholas asked the Board to approve of Forks Days for 2008 and to give advertising money towards it. The Board approved (4:0) the event and the tentative dates (the same weekend in September) and deferred the advertising figure to budget discussions.

Nicholas said that (today) she saw four school buses going up Mitman Road while cars were coming down it. She said that it is a very dangerous situation. Dean Turner (Planning Commission) noted that part of the plan approval for the new school was that the school buses would use Arndt Road and not Mitman. Nicholas asked that a letter be sent to the school reminding them to abide by the approved plan. There are 41 buses per day going to the school.

Supervisor Howell said that he and Ackerman received email from the Two Rivers Council of Governments (TRCOG) announcing its (Quarterly) October 17 meeting to be held at Wilson Borough Hall at 7:00 PM.. The Mutual Aid Agreement for Emergency Services is on the agenda. Solicitor Kline said that it is okay in principal. He had earlier emailed the TRCOG with questions and noted deficiencies and felt that the issues had been addressed. The Public Safety committee will review the draft and present their suggestions/opinions at the next BoS meeting. The TRCOG meeting is open to the public.

Howell also reported that there are upcoming public meetings of the joint commission on establishing a Lehigh Valley Regional Health Department. He provided the Board with information (in their packets). The next is in Bethlehem on October 2 at 7:00 PM and the another will be in the Forks Municipal Building meeting room on October 17th at 7:00 PM. (See Morning Call - Opinion - L Anderson Daub - 9/23/07 for more information.)

Howell said, too, that he attended a presentation by the Easton Charter Commission and found the organization chart proposed for Easton's new government (if the referendum passes in November) especially interesting. The commission wants a City Manager (Forks has a Township Manager), it wants standing commissions and directors of departments (Forks has them), and it wants standing committees (Forks has them, too.) Howell said that Forks probably represents one of the better Class 2 governmental organizations in the State.

Supervisor Miller reported that football, soccer, and cheerleading seasons are about half over. Games are on Sundays. And, current sign-ups are for basketball and wrestling.

TREASURER'S REPORT - Secretary/Treasurer Howell detailed the debits (cash paid out) since the last Supervisors meeting. He noted that the utility fund transfer was $8,640.66. Another $300,000 is an agenda item - the purchase of excess sewer capacity from Wilson Borough.

Nicholas said that the Township is continuing to spend money to buy signs and that it was time to look into the purchase of a sign machine (to make our own.) She said it was in the budget. Howell said that Ackerman brought it up a few meetings back and discovered that there are issues about a building to house it and the capital improvements needed to make it suitable. Township Manager Schnaedter noted that the machine needs a controlled environment and that the building originally discussed would have to be substantially modified.

The debits and transfers were approved in a 4:0 vote.

Standing Committee Reports

• Public Safety - Supervisor Nicholas - said that the next meeting is scheduled for October 2nd at 5:00 PM. The committee will get input from Forks EMS. She noted, too, that the Fire Department has made 41 calls to Stockertown since the beginning of the agreement and that is more than double what was expected.
  • Fire Chief Bryan Weis said that the Fire Department Open House is set for October 6th from 11 AM - 4 PM. It is the first open house they have hosted in four years. There will be truck rides, demos, etc. The new flagpoles are installed courtesy of Kiwanis donated funds. The ground lights will be done next.
• Public Works - Supervisor Ackerman - absent. Roberts reported that the paving program for the year is almost complete. Mitman Road is nearly done and that there's a little left to do on Zucksville Road. The grader has been out recently on both Glover and Klein Roads.
• Parks & Recreation - Supervisor Miller - no committee report. See Supervisors Comments above.
• Community Relations - Supervisor Howell - No report.
• Finance & Administration - Chairman Hoff - said that the committee has three items on the agenda: the 2008 sewer budget, bid specifications for the meeting room audio/visual equipment, and technology support services. The committee has begun a review of the non-uniformed employees manual to verify that it conforms to the new contract. The next meeting on September 26 (3:00 PM).

TOWNSHIP MANAGER'S REPORT - Schnaedter - no report.

ENGINEER'S REPORT - Hay - no report.

SOLICITOR'S REPORT - Kline reported that he received two communications today. One was from the Planning Commission. It was a request to advertise the workshops for review of the committee reports as Joint Meetings so that Supervisors who wish to attend and contribute might do so. The workshops are scheduled for September 25 and October 23 at 7:00 PM. They will be advertised as Joint Meetings.

The other communication was from Alan McFall, Solicitor for Easton Area School District, regarding a possible move of the Forks Elementary School polling place to the Municipal Building or the Community Center. Kline said that the suit (Northampton County VS EASD) will be in court tomorrow. Miller said that there is room for all Forks polls in the Community Center but that parking may be a problem during a Presidential election year. Nicholas suggested setting up temporary additional handicapped parking in front of the Community Center just for Election Day. The Board voted 4:0 to make the Community Center available for Forks Elementary School voters.

UNFINISHED BUSINESS

Old River Road - Strausser/Tree Removal - Hoff stated that certified arborist, Gary Rohrbach, had submitted his report. In three pages, Rohrbach detailed that the trees were Norway maples and seven of the eight were in good to very good health. The eighth had some decay on a portion of its trunk. Rohrbach put the value of the destroyed trees at $58,355.

Kline explained that the Township had some options. One of which is to file a lawsuit for the "outrageous conduct" by Strausser and the tree cutters. With the Board's permission he was prepared to file the suit tomorrow (Friday). The lawsuit states that Gary Strausser, the individual, and Strausser Enterprises, the corporation, intentionally trespassed on Township property to cut the eight trees that he knew belonged to the Township. A jury trial is being requested.

The Complaint includes:

1. Trespass on Township property
2. Replevin (the giving back of the trees and timber)
3. Statutory damages - the State allows treble damages
4. Punitive damages - a jury will determine the appropriate punishment for the "outrageous conduct"

In discussion, Nicholas suggested that Strausser replace the largest trees. Kline remarked that he didn't think she wanted him anywhere near that property.

Howell asked that residents who have photos of the trees (before they were cut down) submit them for the arborist's use to judge compensatory damages. Emily Heitzman said that her husband gave photos to the arborist.

Jim Wideman (candidate and former PC member) asked if Strausser would be arrested. Wideman said that if he went onto someone's property and did this, he would undoubtedly be arrested. Kline said that this was a civil action at this point. During "discovery" Kline will have the opportunity to take Strausser's deposition under oath. He said he didn't know if he was actually "on" the Township's property. Georgeann Wambold (Planning Commission member) volunteered that she saw Strausser outside of his vehicle, standing on the property. She said she could identify his Hawaiian shirt.

The vote was 4:0 to file the suit.

SALDO - Ordinance #305 - Advertise for Adoption - The SALDO public hearing was held at 6:30 (before the regular meeting). The BoS approved, in a 4:0 vote, advertising it for adoption at its October 4 meeting.

NEW BUSINESS

2008 Budget Calendar - The 2008 budget timeline was approved 4:0. The meetings are open to the public and most are at 5:00 PM. A capital projects workshop will be held at 6:30 PM before the October 4 regular BoS meeting. Tentative adoption of the 2008 budget will be at the November 15 meeting and final adoption will be at the December 20 meeting.

EAJSA - Sewage Treatment Capacity - Borough of Wilson Agreement - Kline explained that each member municipality has allocated treatment capacity. Growing municipalities need to buy capacity when it's available. Wilson Borough, in its built-out state has excess capacity and was approached by Bethlehem Township, a non-member, to purchase some of it. The rules are that excess capacity must be offered to members first. Forks recently bought 9,250 gallons from Wilson Borough at $8/gallon.

Hay did an estimated calculation of future needs based on projected commercial and approved residential plans in the "sewered" areas of the Township. His estimate of future needs is 150,000 gallons. Wideman asked if the Farmland Preservation District was included in the computation and was assured that it was not.

Wilson Borough has the excess capacity and agreed to sell it to Forks for $8/gallon - that totals $1.2 million. The payments will be made annually over four years on September 30. There will be 5% interest charged on the balances outstanding (years 2, 3, and 4).

Kline said that there is money in the sewer fund for this purchase and that the sewer fund has other obligations as well, such as the improvements to Route 611. The purchase passed in a 4:0 vote. The first payment of $300,000 will be made on September 30th. (Read more in JD Malone's Express Times article.)

Bid Specification/Meeting Room Audio-Visual System - Hoff detailed the bid specifications as developed by the Finance & Administration standing committee for audio/video equipment for the meeting room. Hoff said that "Tim Weis took the lead on this" to gather the information. The equipment would allow the public to see the presentations by developers. - The hardware includes discs, a laptop, a screen, and six displays for the twelve raised seats (the displays will be shared). Nicholas asked if the displays will be wireless or wired. Both options will be included in the spec. Kline added that a bid bond and performance bond should also be included. The specifications were approved in a 4:0 vote. The bids will be due on October 16 for the October 18 meeting.

Technology Support Services/Request for Proposal - The current contract expires at the end of the year and Farley and Schnaedter were credited with taking the lead on the IT support system issue. The current server is 4-1/2 years old and a new one will cost half as much as the old one. The support contractor must handle the Police Department and Municipal services for disaster recovery, maintenance, server management, etc. Schnaedter said that he met with several vendors to get information. He recommends a three year agreement. The proposal specifications were approved in a 4:0 vote.

Before the vote, Nicholas asked if the servers could be leased. Farley said that he looked at that option and that purchasing is cheaper. Nicholas asked about wireless for the complex. Farley said that wireless is particularly dangerous for the Police Department and for public records stored on the server. The Frost Hollow garage must use dial-up to get on the server and Fire Chief Weis does all the IT work for the Fire Department.

Shawnee Ridge II/Storm Water Easement Agreement for Lot #103 - Kline explained that this was a drainage easement adjustment for a lot on Wagonwheel and Mohican Drive and that all was in order. It was approved 4:0.

Village at Fox Crossing Land Development - Phase I "Developer's Agreements" - Kline explained that this development was originally Jacobs Farm II. He said that all was in order including the Letter of Credit for $2,803,833.86. The Developer's Agreements were approved in a 4:0 vote.

Request for Banner Display - Fire Chief Bryan Weis asked the BoS if the Fire Department could hang a banner across Sullivan Trail to advertise the dates of the upcoming Fire Department open house as well as Fire Prevention Week. He said that the banner would also contain a "Sparky message." It would hang through October 13th. Everyone agreed that it is a PennDot road and that PennDot must grant permission. Schnaedter said that first it must go to the BoS and then to PennDot. It was approved in a 4:0 vote.

Ordinance #304 - Recycling & Dumping - Farley said that the Township receives grants from $50,000 to $60,000 per year from the State for its recycling program. The money is used for containers, enforcement, and education. The State has increased the requirements this year and now the Township needs a Dumping Ordinance. The DEP provided a sample "acceptable" ordinance. Advertising the ordinance was approved 4:0. It will be on the October 4 agenda - for adoption. It will be added to the solid waste section of Forks' existing code. The Quarterly and the website will be used to educate residents.

There was some discussion before the vote. Nicholas thought that it should have a provision specifically banning dumping on vacant lots and in swales. Kline said that it was in there but in different words.

Nicholas thought, too, that there should be specific times for when garbage cans can be put out, where they can go, and that there should be no garbage in the streets. She mentioned her neighbor's garbage as an example and said that rats have been seen. Farley said that he believes that is in the Township Code and he will find out for her. Howell asked who enforces the ordinance and Farley said that the Zoning Officer does.

COMMENTS FROM THE PUBLIC (NOT AGENDA ITEMS) - Sandy Hanks (Appointed Elected Auditor and Chair of the Economic Development Comprehensive Plan Subcommittee) asked the status of a webcam for the meeting room. Schnaedter told her that he met with the webpage designer and that the webcam would be very expensive at this time. The designer is due for another meeting within the month and the issue will be revisited. Finance Manager Farley added that space is needed on the server and the current one is inadequate. The new server will provide the needed space. He hope to have it in place early in 2008.

EXECUTIVE SESSION - was called to discuss the Kings Mill litigation as well as the police department contract negotiations. No action taken by the Board.

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 4/6/06

There was a pre-meeting (for the residents near the CIT project - who cared enough to come and ask questions) before the 4/6/06 BoS meeting. Only one couple came. And, they cut the working hours deal for all the nearby neighbors. The regular meeting began at 7:30. Sarah Mausolf (Express Times) and Joe Nixon (Morning Call) were there. Please read their very informative articles. They always include material from their after-meeting interviews.

SUPERVISORS REPORTS (Committees)

• Secretary/Treasurer David Hoff - Administration & Finance Committee: Hoff reported that the job descriptions for the office staff are complete and that they are putting them into a format that will make them easier to read and follow. They will be ready in the next month or so.

• Supervisor Bonnie Nicholas - Public Safety Committee: Nicholas reported that the Police Department is beginning its 5 year plan. Chief Greg Dorney has given the committee a "good" schedule. She said that Dorney is going to check into the the Rapid Notification Program, a program to inform the public of impending emergency situations. Nicholas said that at their next meeting they will begin to review the Emergency Management Plan.

Nicholas announced that Forks EMS wrote a check to the PA State Fire Commissioner, that Atty. Gary Asteak is working on the (EMS) bylaws, and that an audit of their last 10 years is in process. She said too that Kichline and Dorney are going over the "Knox Box" Ordinance - and it will be finalized for the Board’s review. Bryan Weis is going over the ID System that all Supervisors and Township employees will have to have.

Nicholas also said that she spoke with officials in charge of Public Safety Commitees and PSATS (Pennsylvania State Association of Township Supervisors) about keys for Supervisors. She was told that it is good governance for all the Supervisors to have keys for all the buildings (in case of emergencies - since no one knows who will be around when needed). She gave copies of their letter to the Board. She asked that this be added to the next meeting’s agenda.

Nicholas asked too to have locked Supervisors’ mailboxes in the lobby of the Municipal Building. It was discussed in the past but no decision was made. This too, has been added to the next meeting’s agenda.

• Vice Chairman David Howell - Community Relations Committee: Howell reported that he, Ackerman, and Township Manager Cathy Kichline have been meeting to work on the design and format of a new Forks "quarterly" publication. They hope to have a "mock-up" at the next BoS meeting (or the one after that) for the Board’s review. He said that the first issue could run 16 pages and will be a good vehicle for the Township to impart pertinent information to residents.

It will not cost the taxpayers any money as it will be paid for with advertising revenues - a "limited" amount of advertising so as not to disrupt the content. Kichline is currently working at getting together an estimate of the full publishing costs so that advertising rates can be established. Nicholas asked if there are written guidelines for content. Howell said that it will be "politically correct" and that the BoS will set the editorial policy. Each segment of the community government will have responsibility for a portion of the bulletin. The committee anticipates that this will not be a "newsy" publication but more an informative one.

Howell added that one of the functions of the Community Relations Committee is to "bridge the information gap between citizens and government." Another is for forge relationships with Forks neighbors. He told of the COG (council of governments) "vision" to help the City of Easton and he said that Forks Community Days is one way to help bring communities together. There will be representation from the arts community of Easton, the Easton Farmers’ Market, and (some form of participation by) the Easton Business Association.

• Supervisor Donald Miller - Parks & Recreation Committee: (aside - to our knowledge the Parks & Recreation Committee has yet to meet.) - Miller said that the winter programs ended 1-1/2 weeks ago. Forks had two basketball teams play for the finals, one won (13 year old girls) and one lost (by only one point in the last 7 seconds of the game.) There are two months before summer basketball and during that time the gym floors will undergo refurbishing. He added that Forks will host the AAU tournaments on weekends. And, he said that Engineer Fred Hay is designing the parking lot for the Meco fields. Permanent bathrooms will be installed in the future.

• Acting Chairman John Ackerman - Public Works Committee: Ackerman related that they are working on job descriptions and have been dealing with personnel matters.

REPORTS - MANAGER, DEPARTMENTS, ENGINEER, & SOLICITOR

• Township Manager: Cathy Kichline - Kichline noted that Urban Research & Development Corporation’s proposal (dollars) to revise and update the Comprehensive Plan was in their packets. She said that it just came today and she will add it to next meeting’s agenda.

Kichline informed the Board too that the Fire Department has hired Service Master to clean the new firehouse and that she has given them "key access" on Wednesdays between 5:30 and 7:30 PM.

Kichline said that she, Dorney, & Zoning Officer Tim Weis reviewed "our ordinances" and met with District Justice Litzenberger. She will forward all materials to Kline for his review of amendments/changes regarding the "enforcement-ability of those particular ordinances." The Board should see "that" within the next couple of weeks.

Kichline noted too that she, Hay, Weis, and PC Chairman Vito Tamborrino will be meeting to work on the technical aspects of the SALDO in the event that URDC is hired to assist. And, she said that she will be speaking to the Sertoma Club at their April 11th meeting at 6:30 PM.

And, she said that the egg hunt will go on rain or shine on Saturday (4/8/06).

• Police Chief: Greg Dorney - Dorney reported on the Arndt/Bushkill intersection. He said that in 23 days of enforcement in March, there were 59 citations issued for stop sign violations, 4 DUI arrests, 3 drug arrests, 1 firearms arrest, and 3 injury accidents. They will continue targeted enforcement at that intersection.

Dorney reported too that he and Officer Rowden attended training in Harrisburg last week. They were trained as (and are now certified) "assessors" for the State Assessment Program. They will be asked to conduct assessments throughout
the Commonwealth.

• Finance Manager: Jim Farley - Farley reported that the 2005 audit is almost done. The auditors should finish one day next week and the reports should follow in a month or so.

• Department of Public Works Director: Gary Sandt - Sandt said that they are busy with street sweeping, working on the Old Mill Road storms sewers and grates (so that the bike-lane can be put in), installing traffic "humps" to slow the traffic down (in the park), and doing some work around the pump station to "dress it up."

Howell wondered about the Township’s preparedness for the approaching hurricane season since we have pockets of 100 year flood plains all around us. He suggested that the Township have some sort of "incident management" plan to deal with excessive rains. He noted that during the last heavy rain, the Township ran out of "horses" to block the flooded streets. Kichline replied that the Public Safety Committee will be, in the next two weeks, going over and updating the current Emergency Management Plan and that part of that work will be identifying available resources. A list of detention and retention pond ownership is being prepared by Pete Gheller (Facilities Director) and Sandt.

• Zoning Officer: Tim Weis - Weis reported that the billboard (on Sullivan Trail near Lockwood Congress) is down and that the flower tent is back again this year and this time they are paying the new, higher fees and are under the new "term" rules.

• Engineer: Fred Hay - Hay said that the Board had a letter to Kichline from PennDot (in their packets) regarding directional signs that the Township wants. They are looking at three intersections: Kesslersville & Uhler, Kesslersville & Kuebler Roads, and Arndt & Bushkill (blinking lights and new road markings.) PennDot has no problem with the directional signs (posts with mast arms) as long as the Township pays for them.

Regarding Gollub Park, Hay said that the survey plan is recorded and that plats and descriptions for easements have been prepared. When asked by Howell to report on the tree cutting up there, Hay said that 2 trees were cut down today. Howell said that there more like 10 trees cut on the right-of-way. He provided photos for the Board to see. Howell added that the right-of-way is now in disarray and is unsafe for hikers. He said that a less-than-an-acre parcel has been clear-cut by a logger. He wants a truck sent by the tree-cutting-landowner (at his own expense) to clean up the path and he said that he thought that the Township should be compensated for the fair value of the trees cut (in the right-of-way), approximately $16K.

Solicitor Karl Kline noted that the right-of-way is not a Township road and that ownership of a "paper street" reverts to the adjacent property owners (up to the middle). Kline added that the property owner (who cut the trees) says that he’s been denied access to his property. Kline noted that "who owns the trees?" is an "intricate point" and he will have to look at the SALDO for provisions for woodlands and will report to the Board at the next meeting.

Pete Rossi (the property owner who cut the trees in the right-of-way and member of the Zoning Hearing Board) addressed the Board saying that Township officials knew that he was going to do that and that he did not clear cut his lot. He also said that the mess will be cleaned up. Rossi said that so far the trees have cost him more then $3K to get rid of. He said he cut 4 live trees and two dead ones (in the right-of-way) and that (on his lot) he cut trees 50 feet in, and did not "clear cut" the entire lot. The trees will be chipped.

Solicitor: Karl Kline - Agenda items only

CORRESPONDENCE

Ackerman noted that the Board has received a response from the LVPC (Lehigh Valley Planning Commission) regarding the Comprehensive Plan.

UNFINISHED BUSINESS

ELECTION OF CHAIRMAN/B.O.S. - Kline said that at their annual meeting the Board is required to elect a Chairman. No one was elected at that first meeting in January and he (Kline) made a determination to allow the previously elected Chairman to continue until a successful election was held. There is no provision in the Second Class Township code for what happens if a Chairman is not elected. There is also nothing in the code dealing with whether or not an elected Chairman has a vested right to remain in that position for the entire year.

Howell explained that he put this item on the agenda because the Board failed to elect a chairman and that since he was not on the Board last year, the Board is a "new" Board. He felt too that not electing a Chairman is a disservice to their responsibilities.

Nicholas nominated Ackerman. Ackerman seconded. Howell nominated Hoff. Miller seconded. Hoff said that he would step down as Secretary/Treasurer if elected. The vote for Ackerman was 2:3. The vote for Hoff was 3:2.

Next Howell was nominated for Secretary/Treasurer. He said that he would step down as Vice Chairman if elected. He was elected in a 3:2 vote. Hoff nominated Ackerman for Vice Chairman but Ackerman refused the nomination. Hoff then nominated Miller and Miller was elected 5:0.

REPORT OF EAJSA/HENNING HOLMGAARD - Holmgaard reported that Easton is represented on the Authority by one person while Easton has 6 representatives. Palmer has 2 representatives. He said that Palmer owns the 2nd largest share of capacity and Forks owns the 3rd largest. He asked that the Board write a letter to the EAJSA and request another member. Ackerman said that this was a "no-brainer to go for it" and the vote was 5:0 in favor. The letter will be ready for the April 17th EAJSA meeting.

ZACHARY ZAZO - C.I.T. LAND DEVELOPMENT/REQUEST TO ALTER WORKING HOURS - Howell said that there was an earlier meeting that evening with the neighbors of CIT and the developer to discuss the requested change in working hours. He felt that it was thorough. The Dewey Engineering representative, (Warren Garrity ?) summarized the meeting. He said that he explained to the neighbors that the noise factor would be limited to the first 1 to 1-1/2 hours of the work beginning at 10 PM. After that after that, the roofing contractor will scrape the cut material off the roof and load it into wheel barrows for disposal down the shoot to the garbage bin. There will be no hauling-away and no truck traffic during the night working hours.

He added that there is a large magnitude of work to be done there over the summer and changing the work hours will help them to get it done. The neighbors and he agreed to a trial of sorts. If the noise bothers them, the operation will be stopped. The neighbors were given the home and cell phone numbers of Mr. Garrity(?) so that they may contact him at any time. Twelve letters were sent to residents and only the Hoaglands attended. The Board allowed the working hour change (10 PM - 6 AM) in a 5:0 vote.

NEW BUSINESS

TRANSFER OF LIQUOR LICENSE PERMIT/APPLICATION & FEE - Howell reported that the Township was completely unprepared for Big Woody’s liquor license transfer request and had to write a letter to Woody’s counsel in order to learn something about it. He provided a sample permit form for the Board to look over.

In discussion of the sample form, Nicholas said that she thought that the name and address of where the license is coming from should be on the front page of the form. She said too that the form requires that the applicant provide the name and address and telephone number of the contact person for each license (including the inactive ones) already in the Township. She asked, "Why do we need to know that?" She thought that it had nothing to do with an incoming license. Kline said that this information would let the Board know how many potential licenses are already in the Township. He added that it is not a burdensome requirement for the applicant. Hoff noted that the Township is not notified if someone transfers a license "out" of the Township. Nicholas then agreed that the requirement to provide the information stay on the permit form.

Hoff asked what fee would be appropriate. Kichline suggested that fees be $1000 for the first hearing and an additional $750 if a second hearing is necessary. The fees represent the cost of advertizing the hearing and paying the court recorder’s fees. Kline suggested that the fees be in line with the costs for a zoning hearing. He will prepare a resolution for the Board for the next meeting.

GODDARD SCHOOL/DEVELOPERS AGREEMENTS - Kline reported that all was in order. The agreements were accepted 5:0.

GLEN HALE LAND DEVELOPMENT/DEVELOPERS AGREEMENTS - This is a u-store-it facility on Glover Road. Kline said that all was in order and the agreements were accepted 5:0.

CROP FARMING LEASE AGREEMENT - The Board agreed 5:0 to allow Mr. Rinaldi to farm the Township’s 53 acres on the southeast corner of Richmond and Newlins Roads. Rinaldi will pay $55/acre ($2915). Ackerman asked that the Township land near the airport also be included in this because time is getting late to plant crops and the Rinaldis are willing to farm it at the same price. The tillable acreage is yet to be determined. Hoff suggested that this lease be approved now and that there be another motion to "administratively" execute the second lease once the acreage question is answered.

Miller said that Alex Gale (project manager for the new municipal complex) has the "transition" zone acreage. Gale said that corn cannot be planted there. The Board agreed in a 5:0 vote that there will be no crops planted in the transition zone and that both leases are approved.

SETTLEMENT OF TAX ASSESSMENT APPEALS: (1) Knox Avenue Senior Associates (2) MCS Industries, Inc. - Kline explained that the Northampton County tax assessment office handled these appeals initially and agreed to lower the amounts. The EASD also signed off on them. The Board voted 5:0 to sign off too.

AUTHORIZATION TO HIRE PART-TIME ADMIN. ASST./ZONING OFFICE - Weis said that he received 40 applications for this 20 hour/wk position. He conducted 10 interviews. He recommended the hiring of Cheryl Murphy (sic) and the Board voted 5:0 to hire her. Her pay will be $13/hr.

EXECUTIVE SESSION - The Board met to discuss a real estate matter as well as several personnel matters. No action was taken and the meeting was adjourned.

Our objective is to relate what is experienced at Forks Township meetings for those who cannot attend. We are attempting to be as factual as we can. If we make a mistake,

tell us via email or COMMENT here in the blog, and we will do our best to correct it. We are not perfect. We want to get it right.