BoS Meeting Notes & Solar Ordinances Public Hearing - 3/18/2010

Public Hearing - Solar Ordinances 314 & 315 - 7:00 PM

Both Solar Ordinances were explained by Solicitor Kline.  He said that the impetus behind the preparation of them by the Planning Commission (PC) was the approved Crayola solar farm on 15 acres near its plant on Church Road.  The PC gathered language from solar ordinances of other municipalities and used that language to craft Forks' two new solar ordinances, 314 and 315. 

Ordinance 314 allows solar panels as a residential accessory use in any zoning district and applies to the Zoning Ordinance.  Ordinance 315 applies to the SALDO (Subdivision and Land Development Ordinance) and controls roof and ground arrays for lawful non-residential use in any zoning district.  Ordinance 315 also provides for the decommissioning of solar installations that are no longer in use (or at the end of their useful lives) - after a period of six months.  In fact, if the sites are not decommissioned, the Township can step in after written notices have been sent, do the work, and charge the land owner. 

The reason that one ordinance applies to Zoning and one to SALDO is because when a resident wishes to add solar panels as an accessory use, a land development plan is not generally submitted.  However, non-residential solar installations do require land development plan submissions and therefore must be in compliance with all SALDO amendments.

The MPC (Municipalities Planning Code) requires specific actions in order to adopt ordinances.  There must be a PC public hearing (there was), the ordinances must be submitted to the local regional planning commission (LVPC - they were and the comments returned were basically favorable), and there must be a Board of Supervisors public hearing (in process now). 

In discussion, Supervisor Howell asked how long after approving the ordinances before they are in effect?  Kline replied that ordinances are generally in effect five days after being enacted. 

Howell said that he has been contacted by an individual inquiring if the Township has any plans for a wind generation ordinance.  Kline said that the PC had considered it and as he recalled, the consensus was that Forks was not a primary area for wind turbines.  PC Chairman Dean Turner added that wind tower rules are already in the Zoning Ordinance.  Vito Tamborrino (PC Vice Chairman) added that zoning requires fall zones and setbacks that are outside the range of most Forks residential properties. 

Howell said that he was thinking of roof top windmills attached to chimneys.  Turner said that the PC thought that there would not be enough power generated by them to make a difference.

Kline offered that if the power generated is just to be sold back to a public utility, it is regulated by the Pennsylvania PUC.

Ron Roth, Career Institute of Technology Director (and Forks resident), commended the Township on the new solar regulations and for encouraging solar power.  He said that CIT is in the early stages of investigating the installation of solar panels at the school.  At the moment, they are gathering preliminary information and have a two month agreement with an energy management company for a study.  The CIT building is totally electric and the estimate is that solar will give them an electricity cost reduction of 17%.  He said that lowering the peak demand on the grid, will lower the the cost of the balance of their electric use.

Mr. Roth said that the school intends to erect a combination of ground and roof mounted systems.  They will be almost invisible from the street.  He will be back before the BoS in a few month for approvals.  Roth added that there will be a kiosk in the school describing what is happening.  Everyone is pretty excited about it. 

CIT has read the ordinances and will have no trouble complying with them. 

When asked about the Crayola solar farm size and the CIT installation size, Roth replied that they can see the Crayola installation from their property.  The land being used by CIT is not a huge piece and is triangular in shape.  It is being combined with a roof top array and Roth does not know the size.  He added that the roof top mounts will be held there by ballasts and holes in the roof top will be unnecessary.  They will withstand 90 MPH winds.

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

Regular Meeting - Agenda

At this meeting, Supervisors:

• Unanimously approved both new Solar Ordinances, one for the SALDO and one for the Zoning Ordinance.  Read Tony Nauroth, Express Times and see below for details.
• Agreed to send a letter to Senator Mensch in support of the bill (currently in the PA Senate) to allow accredited police departments to use radar guns. 
• Learned more about the progress of the Meco/Sullivan traffic light.  It might even be out for bids this summer.
• Agreed to wait two more meetings before deciding on the bid award for the CMX designed amphitheater plan while cheaper options are investigated.  Read Tony Nauroth, Express Times and see below for more details. 
• Appointed Supervisor Egolf to be the Township's Bushkill Creek Watershed representative.
• Approved the purchase of a $16,500 replacement scanner for the Zoning and Sewer Departments. 

Approval of Minutes

The vote to approve the minutes from the March 4th meeting was 4:0 (with Supervisor Egolf abstaining) but only after the minutes were corrected as follows:

• Supervisor Howell asked Supervisor Rogers if the wording regarding the Recreation Board discussion should state that the Recreation Ordinance was to be reviewed and rewritten by the Recreation Board and then to be forwarded directly to Solicitor Kline for review.  Rogers agreed that is what it should state. 
• Chuss corrected the part mentioning Mrs. Hanks' agreement that she had received what she requested in her open records document request.
• Solicitor Kline corrected the section of his Township report to read that the motion to dismiss was filed by all the defendants in the Strausser Federal law suit.

Public Comments (non-agenda)

• Melody Talpas - resident and FTYSO (Forks Township Youth Sports Association a.k.a. Forks Township Athletic Association) Secretary - gave a brief report to the Board of the activities of the FTYSO (Forks Township Youth Sports Organization a.k.a. the Forks Athletic Association).  To date 763 Forks children are signed up for spring sports - 378 for baseball, 242 for softball, 61 for lacrosse, and 82 for cheerleading.  She said that the group is working with Mark Roberts and the grounds crews to be sure the fields are ready for spring sports.  Also, the FTYSO is coordinating a "walk" of the five acre parcel (between the Community Center and College Park Estates to the west) with Supervisor Billings, Township Manager Schnaedter and nearby resident Eric Konecke (who has voiced concerns over the possible uses for the land.)
• Dean Turner - resident (and Chairman of the Planning Commission) - spoke to the Board regarding the traffic on Richmond Road.  He said that he moved to the Township 17 years ago and back then, he could tell when the shifts changed in the industrial park because that's when there was traffic on the road - at 7, 3, and 11.  Today he fears for the kids crossing the street to get to the playground.  He recently saw a car pass a school bus at a high rate of speed - while kids were getting ready to cross the road in order to board the bus.  Speeding is a problem.  The traffic light at Elizabeth and Sullivan is the only light where drivers can get from the eastern side of the Township to the western side.  Turner offered that the Township should focus on "opening other paths along Sullivan Trail so that people on the eastern end of the Township can get to the western end of the Township." 

Supervisors Comments 

• Supervisor Chuss - in response to Turner's comment (above), asked Chief Dorney about "slow down" signs.  Dorney said there were two stop sign violations issued today at Elizabeth Avenue.  Traffic enforcement will increase now that the weather has improved.  Turner wondered if the Township could purchase a portion of the Jackson farm in order to allow Ramblewood to be continued through to Town Center.  He suggested that the residents who live there would know about the extended road and would use it. 

Dorney said that there is proposed legislation to expand the use of radar guns to allow accredited police departments to use them.  Currently PA is the only state in the country where municipal law enforcement is not allowed to use radar.  Dorney said the bill passed the House and is sitting in the Senate.  Supervisor Billings asked if it would help if the Board sent a resolution of support to Senator Mensch?  Supervisor Howell thought that a bigger voice would be created if all accredited police departments take a position in favor of the bill.  Dorney said that that is being done through the PA Chiefs Association.  Solicitor Kline noted that if PSATS (Pennsylvania State Association of Township Supervisors) took a position in favor, it would carry some weight with the Legislature.

Billings made a motion to have Township Manager Schnaedter write a letter in support of the Senate bill for the use of radar guns in the Commonwealth of PA.  Supervisor Egolf seconded.  In discussion Howell said that the letter should stress public welfare and safety and should be personalized with Forks' density.  Egolf noted that Forks has had a rapid increase in population and the roads are not designed to handle it. 

The vote was 5:0.

Egolf added that Forks should not lose sight of the stipulations in the newly revised and rewritten Comprehensive Plan that strongly address the Township's problems with east/west and small roadways.  It is "pretty much a mandate for us to start working on this."

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 $7,722,913.

Chuss noted that the Board should do what it can to encourage Township residents to respond to the 2010 census.  It is very important when it comes to the allocation of monies from State and Federal governments.  He asked that something be put on the Township website to remind people to fill out their census forms.  Rogers said that the "census bureau" will be available at the Community Center from 5-8 PM M-F (March 19 through April 18) to answer census questions.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that the next meeting will be on Wednesday, April 14th at 7:15 PM.  He took a few moments to acknowledge, on behalf of the Board, the "absolutely superb work" by the fire, police, and public works departments in preparation for possible flooding.  He also commended the fire and police departments for their handling of the "Giant episode" and said that it is nice to know that Forks' "public service forces are prepared, well trained, stay calm, keep our friends and neighbors and citizens safe..." (Applause)

Police Chief Dorney reported on the committee's meeting.  He said that it was lengthy and items discussed included current grant funding and preliminary applications for items "coming down the road."  Also, discussed were a possible resolution that may come before the Board ("a matter of routine practice") as well as recent vandalism in the park and community policing initiatives to prevent it - including bicycle deployment. 

Fire Chief Chapman said that the fire department is working on revisions to their standard operating procedures to present to the Board in the spring or summer.  The new fire engine blueprints have been approved by the fire department and delivery is expected in late July.

• Public Works - Supervisor Howell - reported that the committee had a short meeting a week ago and reviewed the Township snow plowing policy for both dedicated and non-dedicated roads as well as the naturalizing condition of the recreation paths in the winter; they are left unplowed.  He said that the Braden lavatory is almost operational.  Its sewer and water hookup will be tested when weather permits.  Also discussed were "some of the needs" for the five acre parcel (between the Community Center and College Park Estates).  DPW Director Roberts plans to grade it when the weather permits.  It is expected that it will be seeded and re-seeded and ready for the fall.
• Parks & Recreation - Supervisor Rogers - said that there had been no meeting since the last BoS meeting.  The next meeting is set for April 7th at 6 PM.
• Community Relations - Supervisor Chuss - said that the committee met on March 8th.  The next committee meeting is Monday, April 12th at 4:30 PM.  Chuss said that the newsletter proof was received with errors and was resubmitted back to the editor for "update."  He hopes that residents will have it at the end of the month.  Chuss asked that anyone who sees website content changes that should be addressed notify the committee.  They are planning to meet with the website provider this spring to discuss website updates.  Chuss said that there is no update yet on the new Community Days coordinator.  He said that there has been concern expressed that the normally scheduled weekend, the second one after Labor Day, falls on a religious holiday.  Chuss noted that the inaugural meeting of his arts society was held on March 16 and was attended by 15 enthusiastic people of diverse backgrounds.  The next meeting will be on April 14th at 7 PM in the Community Center - going forward they will meet on the second Wednesday of the month at 7 PM in the Community Center.  Some of the group is looking at sample bylaws and investigating the requirements for 501 (3)(c) status.  He asks that anyone with questions contact him. 
• Finance & Administration - Supervisor Billings - said that the next meeting will be on Wednesday, April 14th at 6 PM.

Township Manager's Report - Schnaedter said that the Lehigh Valley Insurance Cooperative has refunded $186,857 to Forks.  He attributes the refund to the follow up of claims and preventative measures taken.  Schnaedter said that this is the fourth year in a row that the refund is over $100,000.  Howell asked if the money goes back to the general revenue account?  Schnaedter said that the money is kept in a reserve account.  So far 60% has been received and there are no pending cases. 

Engineer's Report - Muller reported that the Meco/Sullivan traffic light continues to move forward.  PennDOT has come back with revisions based on the meeting with Verizon and MetEd.  The site's utility poles are an issue - what has to be relocated and what does not have been noted.  Benchmark is working on the plan revisions.  The horizontal geometry of the site has to be approved.  The approval for the signal was received Jan. 31st (or Feb. 1st).  It is an ongoing issue with PennDOT.   Muller said that he continues "to push it to make sure it gets done."  He said, "We're almost there." 

Muller said that he and DPW Director Roberts discussed the sanitary sewer lines that are to be replaced this spring on Sullivan Trail.  He is working to get that done before the road realignment for the signal installation at Meco/Sullivan. 

Chuss asked if the PennDOT requests are reasonable?   Muller said that they are, however, some of the issues are because the initial engineering survey missed things - including some poles (not the utility companies' fault).  He would like to get the project out to bid sometime this spring so that it can get done this summer.

Muller said that he met with Roberts, the old Township engineer, and the GIS representative from his firm, Gilmore & Associates, regarding the GIS system in the Township.  He said that great strides have been made in the first couple of months in getting things up-to-date.

Muller has also met with Roberts regarding storm drainage issues on another intersection and will review the survey and make recommendations so that Roberts can move forward and get it re-topped. 

And, lastly, Muller said that there are a couple of small subdivision plans and land developments in the works.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

None  

NEW BUSINESS

Ordinance 314 - Solar Amendment to Zoning Ordinance Approval
Ordinance 315 – Solar Amendment to Subdivision and Land Development Ordinance (SALDO) (Karl Kline, Solicitor) - Kline explained that basically if one has a house in any zoning district a solar energy accessory use is allowed.  If one wants to generate solar power for one's own non-residential property it, too, is allowed in any zoning district.  There are provisions in the ordinances for ground and roof top arrays.  The ordinances were drafted by the Planning Commission (PC) which held a January 26 public hearing.  They were reviewed by the LVPC (Lehigh Valley Planning Commission) who commented favorably.  The Board of Supervisors' public hearing was earlier tonight at 7:00 PM. 

Billings motioned to accept ordinance 314.  Howell seconded and the vote was 5:0.

Howell motioned to accept ordinance 315.  Egolf seconded and the vote was 5:0.

Inter-municipal Sale of Police vehicle (Rick Schnaedter, Township Manager) - Schnaedter said that a Board member from the Borough of Roseto approached him regarding the purchase of one of Forks' two old police vehicles.  They are used only in emergencies.  Schnaedter said that the Borough representative liked the 2003 Crown Victoria with attached light bar and 105,366 miles on its odometer.  He spoke with Dorney and with Roberts and they said that the Township should be able to accommodate Roseto (including the light bar).  The price developed from past sales history of old vehicles was $1200.

Egolf made a motion to sell the vehicle "as explained and described" to Roseto.  Kline said that in an inter-municipal sale, the advertising and bid process are not necessary.  The vote was 5:0.

Awarding of the Amphitheater Contract (Rick Schnaedter, Township Manager) - Schnaedter said that CMX reviewed the amphitheater bids and that Bracy Contracting submitted the low bid of $360,000.  All bids were also reviewed by Kline to verify that they were proper and contained all the necessary documents. 

Billings asked if the $360,000 bid is the amount for everything and Schnaedter said that the paving will be done by the public works department.  An alternative bid was requested should the paving work be contracted.  Bracy's was low bid at $17,600 (or $11/square foot) for the paving.

Chuss said that he is concerned about the overall cost including the $46,000 already paid for the architectural work.  He said in looking at the site as a whole, the project is pushing into the $500,000 cost range.  He said that although he is supportive of an amphitheater, the Board should look at other alternatives.  He personally feels that this simple amphitheater has been "over-engineered."  Chuss added that the five year recreation plan is due next month and this project will eat up a lot of the $1.8 million in the recreation fund (before knowing what other projects will need money.)  He said that one can get quite a house for that amount of money and this does not seen like a good value to him.  Chuss asked that the Board look at alternatives.

Howell said that two years ago the Parks & Recreation Standing Committee viewed a lot of proposals and some were quite nice.  He said that he wouldn't approve this plan without also approving a restroom and asked Schnaedter how much the Braden rest room cost.  Schnaedter said it was about $40,000.

There was additional discussion and Schnaedter reminded the Board that although (when they last looked) the prefab structures cost $150,000 to $180,000, they require costs for delivery and construction which can bring prices close to $300,000.  Several firms could not provide the committee with an idea of those costs.

Egolf said that he has reservations about the general design of the CMX structure.  He said that he sat in on one of the planning sessions with engineers, architects and area vendors.  There were many questions raised about how to put it together and how the panels would be hung.  He saw dollar signs mounting.  He is worried about change costs and structural problems.  He said that it seemed to him that things weren't clicking and he got a strange feeling that this was not the right path.  Egolf said that he does want an amphitheater.

Billings said that he is worried that the cost number is not something that the community is comfortable with - yet he does not want "nothing" to happen.  He feels that if it is to be tabled, it should be time bound.  He asked Schnaedter if the Township is still trying to get programs for the facility. Schnaedter said that he approached the Business and Commerce Association of Forks (BCAF) about two years ago and they were very supportive of being involved in cultural programs for the community.

Schnaedter said that he will provide the Board with details of one of the earlier structures the committee looked at along with a sketch from a pamphlet and estimates for construction.  Howell said that he and Muller can look at them with Schnaedter.  Muller said that he will look but construction costs are not his (nor his company's) area of expertise.  He suggested that Bracy be asked to look at them.  Schnaedter said that a municipality that constructed one of these (less than three years ago) has been identified.  He will get their cost (and caveat) information.

After confirming that the bid package indicates the bids are firm for 90 days, Howell made a motion to suspend consideration of awarding the contract for two meeting dates to the second meeting in April.  Billings seconded and the vote was 5:0.

Chuss asked Rogers if the Board will have the five year recreation plan next month.  She said yes.

Construction and maintenance agreement – CMX (Rick Schnaedter, Township Manager) - Schnaedter noted that in light of the situation with CMS and after prior consultation with DPW Director Mark Roberts and Township Engineer Muller, it was felt that having a backup hourly rate agreement in place should concerns or questions arise during construction was a good idea.  CMX declined and instead gave a single line item bid.  Schnaedter recommended rejecting the proposal.  Kline said CMX submitted the proposal and no action is necessary by the Board.

Purchase of Zoning Scanner (Jim Farley - Finance Manager) - Farley said that a replacement scanner for the zoning and sewer departments was included in last fall's budget.  At the time, the money was to come 50% from the zoning capital account and 50% from the sewer capital account.  The price is contracted by PA.  The unit selected is from OCE North America and costs $16,519.  It is compatible with all the other department equipment.  The old machine is from the 1970s and the inputs on it do not match the computers.  Special adapters must be purchased.  And, it is time to renew the maintenance agreement as well as buy supplies. 

Egolf made the motion to purchase and Billings seconded.  In discussion, Howell asked if the new scanner can do 8-1/2" X 11".  Weis said that it can.  He said that it is a color scanner.  The old one is black and white and should it break, there may not be parts available. 

Howell said that the administration side of the office does not have a (regular format) scanner.  Farley offered that with the purchase of software, the office copier can do scanning.  He will get prices on the software.

The vote to purchase the new large format scanner was 5:0.

Bushkill Creek Watershed – Designation of a Representative (Rick Schnaedter, Township Manager) - Schnaedter said that he received a letter from Northampton County asking that the Township appoint a representative to the Act 167 Watershed Advisory Committee.  He will be responsible for attending at least four meetings, for reviewing and commenting on the plan, and for reporting back to the municipality on the plan process.  Howell nominated Egolf.  Rogers seconded.

Egolf said that he has spoken with Geoff Reese (sic) of the Lehigh Valley Planning Commission (LVPC).  He is in charge of this program.  He (Egolf) is also on the Bushkill Stream Conservancy and he wanted to be certain that there would be no conflict of interest.  Egolf was told that there is no conflict of interest posed by serving both groups and he said that he is interested in doing it. 

Egolf said that he also learned that it is important for the Township Solicitor, Township Engineer, and Chairman of the PC to be aware that the end result will be a municipal ordinance.  Reese suggested that they should all be on the Bushkill Creek Watershed mailing list for announcements, minutes, and updates to keep them apprised of what is going on with the committee.

The vote was 5:0.  Schnaedter will write a letter to advise the Bushkill Creek Watershed group that Egolf was chosen to be Forks' representative.

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

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BoS Meeting Notes - 7/16/09

Regular Meeting (agenda)

On this night, Forks Supervisors considered plans for an amphitheater, providing police protection to Stockertown, two Eagle Scout projects for Bushkill Creek, and learned that the new developer of the Crayola solar array is a subsidiary of UGI and PPL.  Supervisor Miller was absent. 

Please read Christopher Baxter (Morning Call) and Tony Nauroth (Express Times) for more on the new amphitheater proposal.

Please note that detailed notes of the meetings are being replaced for the summer vacation season with more general notes highlighting only the most important issues discussed and actions taken.  In some instances, guest note writers are providing the text.

Public Comments (non-agenda) - None

Supervisors' Remarks:

• Supervisor Chuss - reported on the Two River Council Of Governments’ recent meeting. The matters commented upon dealt with the September deadline to appoint a municipal (Forks) tax representative and an alternate to a regional EIT council on the consolidated tax collection process.
• Supervisor Nicholas - noted that she attended the Relay For Life at Metzgar Field and that Forks police officer Craig Marshall had once again donated his time to this annual event.  She said that he should be commended for this and noted if he did not donate his time, the event would have to hire an officer to be there.
• Supervisor Nicholas - introduced Boy Scouts Mark Sweeney, Troop 87, and Nicholas Carpinelli, Troop 29, both candidates for Eagle Scout designations. The scouts have separate projects that involve construction along the Bushkill Creek to aid fishing and other enhancements along the creek bank and parking area along Bushkill Dr.  They will work with Zoning Officer Tim Weis and Public Works Director Mark Roberts on their projects. Supervisor Howell pointed out that the Bushkill Conservancy has strict regulations concerning vegetation removal and installation along the creek and as well as restrictions on flood plain construction of trails and small creek side structures such as stairs and platforms. The Scouts must have their plans approved by the Bushkill Conservancy before starting work.

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.  The Township's current outstanding debt is $8,204,038. 

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 scheduled for 7/21/09 at 8:00 AM.  Chief Dorney, FTPD, said that Stockertown has requested preliminary discussions with regard to contracting Forks police services for the Borough. That request will be considered at the upcoming (public) committee meeting.    
• Public Works - Supervisor Chuss - reported that the 7/14/09 meeting was canceled and that the next meeting is 8/11/09 at 7:30 AM.  Public Works Director Roberts reported that many bids from architects/engineers along with statements of qualifications have been received for the future construction of the new public works garage.
• Parks & Recreation - Supervisor Egolf - reported that the new Penn’s Ridge play lot has been installed and is being actively used by residents.  Bids for the construction of the basketball court will be considered later on the agenda.  The next meeting of the committee is 8/10/09 at 6 PM.
• Community Relations - Supervisor Miller - was not present and no report was available.  The next meeting is 8/10/09 at 5:00 PM.
• Finance and Administration - Supervisor Nicholas - reported that the next meeting is 8/12/09 at 5:00 PM.

Township Manager's Report - Schnaedter - absent.  No report.

Engineer's Report - Hay -  reported that the sewer line rehabilitation is ongoing and that there were six bidders for the tennis and basketball courts at the pre-bid meeting. 

Hay also advised the Board that PennDOT met with a landowner on Meco Road (northeast corner) about the proposed stop line location.  PennDOT will permit the property owner to construct a drive into their property from Sullivan Trail.

Egolf asked about the grading for the five acres behind the Community Center and Hay noted that seven bids were received today with the lowest at $24,900.

Solicitor's Report - Kline - reported that Crayola has submitted revised plans for its solar panel land development.  The new plans are basically the same as the original plans except that the small building that was to go on the concrete pad is no longer included.  Kline said that there is no need for this to go back before the PC and that as soon as the developer's agreement is signed, Crayola can begin the project.  The new developer is a subsidiary of UGI and PPL.

UNFINISHED BUSINESS

None

NEW BUSINESS

CMX Presentation (Bonnie Nicholas, Supervisor) - Timothy Edinger, CMX’s project manager, presented a proposal to the Board for design and engineering services that the company will provide to the township for the construction of a municipal amphitheater.  CMX is the company that designed the other municipal complex buildings. 

In addition to providing a design example of the structure, Mr. Edinger highlighted the steps that will take place such as: developing the final concept and design plans, preparation of all documents for the bidding process, structural and electrical designs, site grading and storm water plans with landscaping, and assistance with Planning Commission documentation toward the approval of the plan. 

CMX will work as directed by the township to develop the right design concept.  The Board, in comments and questions, preferred that CMX work with the Parks and Recreation Committee as it has scheduled public meetings which allow supervisors and the public to join in the discussions.

CMX estimated that if the process were to start shortly, all construction could be completed this year and the grounds around the site ready for use by late spring 2010.  Based upon the proposal, CMX will furnish these services for $49,900.00.  Supervisor Nicholas presented a motion to accept the proposal and upon the second of Supervisor Egolf, the motion was approved 4-0. 

Note:  The Parks & Recreation Committee meets on the second Monday of the month at 6:00 PM.

Adoption of a Premium only plan (Jim Farley, Finance Manager) - This item was tabled pending a review of additional information. 

Comprehensive Plan Update (Dean Turner, Planning Commission Chairman) - Planning Commission (PC) Chairman Dean Turner and Vice Chairman Vito Tamborrino addressed the Board regarding the status of the now final draft of the Comprehensive Plan.  Turner said that the expected printed copies of the plan for distribution to the the Lehigh Valley Planning Commission (LVPC), contiguous municipalities, and the Easton Area School District (EASD) have not yet been received from URDC's Charlie Schmehl.  Schmehl was also to provide the plan on disks for Supervisors' review.  The disks have not been received either.  All versions of the plans were due on July 6th, then on July 10th, and again on July 15th.  Chairman Howell will call URDC to attempt to expedite the process.

The soonest the BoS can act on the next step in the Comprehensive Plan process is at its August 6th meeting.  Supervisors will vote at that time on whether to request the PC to have yet another public meeting on the plan before sending it to the LVPC, contiguous municipalities, and the EASD for their respective reviews and comments, or to send it for review without yet another PC public meeting.  The last PC public meeting on the topic was July 9th.  It was an agenda item at the regular PC meeting. 

Chuss objected to sending the Comprehensive Plan final draft to the LVPC, the EASD, etc. without it on the agenda of yet another public meeting of the PC.  When asked by Turner what Chuss thought the PC did wrong, Chuss gave him a ten minute laundry list of his ideas about the ad hoc committee and the process.  Chuss' focal point was the moving of an advertised ad hoc meeting from the main meeting room to the Supervisors' room.  Tamborrino and Howell explained that there was a scheduling conflict for that evening and that the meeting room was occupied.  Signage was placed in the hall directing the public to the new meeting location.  (At least two members of the public found their way to that meeting without any difficulty - this writer was one of them.) Chuss could not be convinced.

Egolf made a motion to table this agenda item until August 6th when the BoS will decide whether to request another PC public meeting or to send the Comprehensive Plan to the LVPC, the EASD, and contiguous municipalities.  Nicholas seconded and the vote was 4:0.

Rt. 33 Interchange @ Tatamy Road (Erik Chuss, Supervisor) - Chuss suggested adding a line to the letter that was authorized at the July 2nd meeting.  Howell explained that the letter has already been sent and that it acknowledged all the municipalities likely to be impacted by the Chrin Route 33 interchange in Palmer.  Howell said that there will be an interchange status meeting in September.

Penn’s Ridge Basketball Court Bid Award (Fred Hay, Township Engineer) - Hay reported that five bids were opened on July 2, 2009.  Hay said that the construction will be the same as if for a full sized basketball court; it will just be smaller.  Kline reviewed the low bid of $49,600 from Hale Built (of Forks Township) and reported that the bid documents met all the criteria and were in order.  A motion to accept this bid was made by Egolf with a second by  Nicholas. 

Upon discussion, Chuss reiterated his original position that he does not support the construction of the basketball court at this location and that it will bring traffic, noise, and be a nuisance.  Chuss said, "I think this is a mistake."  [Also see Tony Nauroth (Express Times 3/8/09) for more of the original discussion.]

Nicholas said that the "little park" is constantly being used and that the Recreation Board and Athletic Association have suggested adding a sand volley ball court to the Penn's Ridge park (as well as to other parks).  Nicholas offered that the majority shouldn't be punished for the actions of a few.  Chuss added that he is in favor of basketball courts, "just not there."

The vote to accept Hale Built's bid was 3:1 with Chuss casting the nay vote.

Executive Session - There was an executive session for a litigation matter and for a personnel issue.  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.

BoS Meeting Notes - 5/21/09

Regular Meeting (agenda)

The meeting began after the Board of Supervisors workshop to review the first ever Public Works Department five-year plans (all four of them) and after a lengthy presentation and discussion of the proposed new public works facility.

Please read Christopher Baxter (Morning Call) and Tony Nauroth (Express Times) for more on the new proposed garage.  And, read the FAC workshop notes for more on the five year plans and the public works garage discussion.

Please note that detailed notes of the meetings are being replaced for the summer vacation season with more general notes highlighting only the most important issues discussed and actions taken.  In some instances, guest note writers are providing the text.

Public Comments (non-agenda) 

• Fernando Cabrera of Lafayette Park Green who addressed the BoS about the safety of an intersection last month, wanted to report that there was an accident at that intersection.  A vehicle hit a school bus with kids on it.  He also commented on emergency response to a 19 month old child who collapsed.  Suburban did not arrive for 15-16 minutes in his estimation. The Forks police were there in 7-8 minutes. P olice Chief Dorney said he heard the ambulance response was 19 minutes.  The Board of Supervisors will make an inquiry and asked for a written report from the Township Manager.
• Richard Petro, 90 Crown Dr – said that Winchester Drive is open through Vista Estates and there has been both increased traffic and speeds.  He requested a four way stop at the intersection of Lower Way and Winchester Drive (sight distances due to road inclines and declines), and a three way stop at the intersection of Knollwood Drive and Winchester Drive (a safety concern due to the ballpark). 
• Dan Martyak, current President of the Forks Township Athletic Association (FTAA) - said he was available anytime the Supervisors have questions and asked that they please contact him.  He wanted to clarify three things:
  • In December 2008, the FTAA applied for a $5000 grant with Senator Wonderling’s Office for a summer field hockey clinic. In February 2009, they received a letter that the grant has been held up because the FTAA tax status is not complete. The 990 tax form was not filed. During the April meeting of the FTAA, Dave Billings and John Wieller said they would take care of the tax situation. The recent decision is to hire someone to take care of the FTAA tax status. They have until June 19 to clear up the tax status or lose the grant.
  • The FTAA does not receive direct money from the township. They work with the township on budgeting during formulation of the annual budget.  However, The Recreation Board receives money from the township and pays for most items. The FTAA earns money through sign-ups for sports, snack bar sales, and dances. He provided an outlay of the money they earn: $1000 for background checks for coaches, $1000 for portable johns, $3000 donation for community days fireworks, $3000 for coaches shirts, $4500 for upgrading the snack bar, $6000 for six scholarships for EASD seniors, $1500 for each sport expenses ($12,000 total), $15,000 to the town for lease agreements and field maintenance.
  • They have been attending Parks and Recreation Meetings with Supervisors Egolf and Nicholas since December. They are interested in the fields behind the Community Center being developed. They understand they are waiting on plans from Fred Hay. They would like the fields to be graded and seeded by August, otherwise they will not be able to use the fields next spring. There was discussion between the Township Manager, Public Works Director and Engineer.  Plans are submitted. They need a local contractor who can provide services for rough grading. The Public Works department will do the seeding. If the work is under $10,000, no bids will be needed.

Supervisor Comments

• Supervisor Nicholas - said that she had a phone message from Thomas Marino about an Eagle Scout project at Gollub Park.  He would like to put in steps and a guard rail at the abandoned concrete platform, and steps and a guard road at St. Anthony’s Nose.  It was determined Thomas should come in with pictures and make a presentation to the Board.  There were concerns raised about liability with providing a guard rail and steps at St Anthony’s Nose.

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 $8,327,748. 

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 committee met on Tuesday but Supervisor Howell was unable to attend.  Rick Schnaedter provided the following report:  The committee discussed the two requests for stop signs. They suggested a police officer be trained on what would warrant a stop sign, so that these decisions can be made in-house. They also discussed the transition of Suburban EMS moving from the firehouse to their current location.
• Public Works - Supervisor Chuss - reported that he was not present on May 12. The topic discussed was the Public Works facility. Next meeting is June 9 at 7:30 AM.
• Parks & Recreation - Supervisor Egolf - said that the committee met on May 11 and will meet again on June 8.  They discussed the need for new athletic fields and for scholarships.  Supervisor Nicholas spoke about the proposed amphitheater.  She said that she spoke to CMX, who did the work on the municipal complex and two days ago she received a picture (from CMX.) That drawing and CMX's proposal was distributed to the Supervisors and Solicitor.  CMX wants $61,000 to draw plans, and meet with bidders; $5,500 for the conceptual plan ($100 per hour of work); $35,000 for the land development.  Nicholas said that the land development was completed with the municipal complex. This is a band shell with a storage area in the back, and a possible bathroom facility.  The consensus was for Supervisor Nicholas to call and speak of the township’s dissatisfaction with the proposed costs, and ask for a breakdown in prices.
• Community Relations - Supervisor Miller - announced that the Forks Quarterly is at the printer, and should be in the mail shortly. Manager Schnaedter added that the website designer was taking photos of the township today for the website upgrade.
• Finance and Administration - Supervisor Nicholas - said that the committee discussed monthly expenses and revenues at their last meeting, as well as the proposed public works facility.  The next meeting will be June 10.  They are currently working on a 3-year plan.

Township Manager's Report - Schnaedter - reported that he and Chairman Howell met with people from the Greater Lehigh Valley Chamber of Commerce, The Palmer Business Association, and Unity Bank to discuss progress with forming a Forks Business Association.  There will be a presentation to the Board at the second meeting in June.  He also discussed the Emergency Alert System and will put information on the Township website on how to sign up.  Supervisor Chuss read off the website address for the audience, www.nc911.org.

Engineer's Report - Hay - only agenda items.  However, Hay was asked about progress with the traffic light at MECO and Sullivan Trail and he indicated that PennDOT has review comments for their own design for handicap ramps.  There is an issue with Verizon because they do not wish to relocate the utility poles.  Also, a resident has issues with how the his driveway comes out onto the intersection and PennDOT has issues with the remedy.

Solicitor's Report - Kline - announced that the township was able to acquire 0.66 acres of land for $60. The land was acquired from Northampton County and is next to the township recreation path north of Winchester Road.

UNFINISHED BUSINESS

Frost Hollow Knolls Deeds of Dedication – Tax Exoneration (Karl Kline, Solicitor) - This is a resolution for the township to agree not to tax itself.  Land was deeded to the township through phases 8 and 9 of Frost Hollow Knolls. There are 8 parcels involved. The Board voted 5-0 to approve this resolution.

NEW BUSINESS

Approval of Public Works (5) Year Plan (Erik Chuss, Supervisor) - The committee recommendation is that the BOS approve the plan. Individual items can be acted on or not, or changed, in the future. The plan should be approved incorporating comments from the Workshop earlier in the evening.  Chuss made the motion,  Egolf seconded the motion.  Discussion:  When does the BOS approve a Public Works Garage? After the plan is approved.  Motion passed 5-0.  A second motion was made that the BOS endorse pursuing the Public Works Garage.  Motion passed 5-0.

Approval of 2009 Road Program (Mark Roberts, DPW Director) - A motion was made by Chuss to approve the Road Program, and was seconded by Nicholas.  The motion passed 5-0.  Roberts will go out for bids. The money for the program comes out of the liquid fuels fund.

2010 Waste Management Contract (Karl Kline, Solicitor) - Kline explained that in September 2004, the BOS entered into a five year agreement with Waste Management to provide garbage collection and recycling in the township. As part of the new agreement, the contract can be automatically extended for two one year terms, unless either party objects, or wishes to end the contract. Through successful negotiations, Waste Management has agreed to a one year extended term at no change in price.  Miller made a motion to accept the agreement and Nicholas seconded the motion. The motion passed with a vote of 5-0.

Request Authorization to Refund Existing Debt and New Bond Issue (Jim Farley, Finance Manager) - Gary Pulcini spoke about the estimated $3.2 million public works garage. Five (5) percent of the financed amount needs to be spent in 6 months, and 85 percent needs to be spent within 3 years.  He estimated that the township can currently refund the bond at a 4.75 percent savings.  The guidelines mandate at least a three (3) percent savings. There was a discussion on when the money would be needed. With architectural information, it would be about 3 to 4 months until hard numbers are available. Pulcini indicated advanced funding is done all the time.  Chuss made a motion with Miller seconding, to authorize the refunding process of the current debt including new money to finance the public works facility. The motion passed 5-0.

Request for Authorization to Solicit Request for qualifications of Architectural /Engineering Firms for Public Works Facility  (Rick Schnaedter, Township Manager) - It was mentioned that this was discussed earlier in the workshop.  Chuss made the motion to authorize with Miller making a second.  Supervisors voted 5-0 to authorize the above.

Solar Power Ordinance (Dean Turner, Planning Commission Chairman) - The Planning Commission is requesting authorization for the Solicitor to prepare a Zoning Amendment for solar panels in residential and commercial areas. It was noted by someone on the board that there is a home in Riverview Estates West planning to install solar panels on their roof. Nicholas requested that the PC look at buffer requirements, and explore 100 feet between commercial and residential areas.  Motion was made and seconded to give authorization. Motion passed 5-0.

Award Contract – Police Department Duct Work Bids (Mark Roberts, DPW Director) - The original bids were rejected by the Board at the last meeting.  Telephone quotes were made.  Apollo Unlimited now bids $9000, Freedom Specialties now bids $9995, Core Mechanical bids $8640, and Indoor Air Technologies now bids $10,600.  Roberts recommended the Board approve the low bidder, Core Mechanical.  Nicholas made the motion with Miller’s second. Discussion:  The original bid specs were set up by Cornerstone - Egolf asked if  someone from Cornerstone was present when the first bids were open?  Yes.  Then he asked if Cornerstone participated in the phone bids?  No.  Motion passed 5-0.

Sewer Rehabilitation Bid (Fred Hay, Township Engineer) - Hay reported that out of 10 bids, four were less than 6 percent apart.  Nicholas made the motion to accept the low bidder, NAPA Development of Pen Argyl.  Miller seconded.  Supervisors voted 5-0 to accept the low bid of $644,440.  Hay remarked that the bid was about $100,000 less than he thought it would be.

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

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

BoS Meeting Notes - 4/16/2009

Regular Meeting (agenda)

Public Comments (non-agenda)  -

Fernando Cabrera of Cara Court, who appeared at the 4/2/09 BoS meeting to request that the Township create an ordinance regarding abandoned vehicles (and vehicles in disrepair) on private property, said that he brought some examples of PA regulations (for the Board) that he thought might be used verbatim.  He said that he looked ordinances in Northampton and Bucks Counties, among others.  Mr. Cabrera also asked the Board about his request at the last meeting for east/west stop signs on Meco Road at the Thomas/Jamie intersection.  Howell said that it, as well as two other stop sign requests, will be discussed at the next Public Safety Committee meeting (April 21st at 8 AM).

Supervisor Comments

• Supervisor Howell - said that the Township has been contacted by Megan McBride of the Easton Main Street Initiative and Manager of the Easton Farmers' Market to ask if Forks is interested in participating in the Farmers' Market Trolley.  It will be circulating transportation for Forks residents who are interested in going to the Easton Farmers' Market during the season (all summer and into the fall) and is being underwritten by a grant.  Easton Coach Company is providing the trolley.  Ms. McBride has asked to use the Municipal parking lot as a staging area and has already introduced the program to most of the homeowners' associations.  Howell said that there has been overwhelming interest at the over 55 communities.  It will mean free transportation downtown and will run every half hour or so.  Township Manager Schnaedter said that he spoke with Ms. McBride late this afternoon and she intends to begin the trolley program on June 6th - in time for the Strawberry Festival.  Supervisor Nicholas asked that an announcement be put on the Township website when the details are ready.

(Note-update:  An Express Times April 28, 2009 article reports that the trolley rides will cost $1 round trip.)

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 $8,346,476. 

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 committee's next meeting will be on the third Tuesday (April 21st) at 8 AM.  He said that he has spoken with Barry Albertson of Suburban EMS regarding the recent Express Times article about the Faith Lutheran Church purchase of the former Forks EMS building.  All of the Forks EMS outstanding balances to the Township have been paid.  Negotiations are pending regarding Suburban's rental of the building (from the church).  Howell said that the location has always been an EMS location and is centrally located to serve the Township.  The lease will be for one year and will be automatically renewable.  Faith Lutheran has future plans for the building and does not want to be tied down in excess of a year nor does Suburban as it wants to find a permanent location of its own in the Township.  Mr. Albertson will attend the Public Safety meeting.
  • Police Chief Dorney announced that the department received (today) six new audio/video units for the police cars.  Two have already been installed.  Their value totals $48,000 and they were provided from a Federal grant - and the "hard work of Congressman Dent's office."  Both Nicholas and Howell congratulated Chief Dorney.
• Public Works - Supervisor Chuss - reported that the committee met on Tuesday and "covered a lot of ground."  There are four 5-year plans in development - parks/recreation, facilities, sewer, and road maintenance.  The committee also discussed:
  • The "Dewalt upgrade" (the five acre tract behind the Community Center).  It was discussed (by the committee) because of a comment to the previously distributed versions of the plans. 
  • The five year plan presentations will be done by DPW Director Mark Roberts at a 6:30 workshop before the May 21st BoS meeting.  It will take 45 minutes.  The plans should be in the hands of the Supervisors by their next meeting.  
  • The proposed public works building was discussed as well.  Roberts said that currently the Township is using five different locations across the Township for vehicle storage.  The current garage on Frost Hollow has environmental, storage, and safety issues.  Roberts said that at his old job (in New Britain Township), there is now a new garage with 16 bays.  "It is a very good working facility."  Roberts was able to obtain copies of those plans.  Chuss added that the committee will further discuss financing for the public works garage at its May meeting (May 12 at 7:30 AM).  Schnaedter said that the committee has looked at two other public works facilities and has taken the "positives" from them, made modifications and now has something they feel is feasible and "certainly financially reasonable."
  • Permissions are needed for the Lieb Road connection.  Nicholas said that she thought there were major drainage issues there.  Roberts noted that that is what they are addressing and that an easement will be needed to Bushkill Drive.
  • The Sullivan/Newlins culvert "doesn't look like it will happen this year."  A design as well as easements from Lafayette College are needed.
  • The curbing on Meadow Lane (ref. BoS Meeting note - 3/19/09) will be expensive to replace, is the responsibility of the landowner, and at this time is still being investigated.

Jim Wideman (resident and write-in candidate for Supervisor) asked if the five year plans will be on the Township website for the public to see.  Chuss said he didn't know but that the plans are available for public review.  Howell said that the Community Relations Committee is responsible for the website and they will discuss it.  The website upgrade has just started.

• Parks & Recreation - Supervisor Egolf - said that at the Monday meeting, every outdoor sport commissioner appeared "to talk about our need for fields."  He said that the Township is experiencing "gratification with our kids" and that the Township has a fantastic athletic program for both indoor and outdoor sports.  Egolf extended thanks to all the teams, coaches, commissioners, and Don Miller for keeping the sports programs going.  He said, too, that "Mark Roberts and his crew" do a great job cooperating with all the commissioners and keeping the fields in shape. 
  • Nicholas spoke to the Community Park amphitheater project.  She said that the committee looked at a prefab amphitheater in Catasauqua and also one done by the Municipal Complex architect in 2007.  She said that one of the concerns was that a wooden structure would not match the other buildings in the complex.  She called CMX, and asked architect Jerry DeFelice to do a simplified plan - as opposed to the elaborate sketches they originally produced. 
  • Nicholas asked the Board to agree to her meeting with the architect at 4 PM on Wednesday.  She then asked Kline if they had to go out for bids to have plans drawn.   Kline said that bids are not necessary for professional services.  Nicholas said that because it is not an advertised public meeting, only one other Supervisor can be present. 
  • She is planning to work with the architect to develop a simplified plan for a structure with good sound quality that will use brick and be less expensive.  She did speak with Catasauqua officials about what is good and bad about their bandshell.  Miller and Schnaedter will be attend the meeting.  Howell offered that he is available should Miller not be able to attend.
• Community Relations - Supervisor Miller - reported that the committee's topic was the quarterly newsletter.  The first draft has been given to the Supervisors and Miller asked that they get back to Schnaedter with their comments.  Howell said that he finds the full page ad by Easton Hospital to be significant.  He is glad they are back (with an ad).
• Finance and Administration - Supervisor Nicholas - said that the committee met on April 8th and the budget for March is on track.  She said that Finance Manager Farley put a three year revenue plan together and it will be discussed at the committee's May (13th at 5 PM) meeting.  She asked that Supervisors email comments to her (and/or attend the May meeting).  Nicholas said that it will help with the upcoming 2010 budget.  Other topics covered include:
  • The archiving of documents - It is still in progress.  Farley has finished going through the boxes stored in the Community Center and is now tackling the boxes stored in the Municipal Building.  Farley will contact the EASD (Easton Area School District) to get their plans for the tax boxes it has stored there as there is no space for them.
  • Going paperless - The committee will discuss Chuss' issues (about access from other than Township owned computers) with the IT consultant.  They talked about emailing his packet to him if he is out of town.  Chuss offered that if they need help with this, this is what he does for a living and if he doesn't know the answer, there are dozens of people he can call on his cell phone, who will know.
  • The committee discussed a cost saving program but it must be discussed further because of Federal regulations regarding the use of taxpayer money for employee incentive programs.
  • The Waste Management trash collection contract will require an increase to residents' rates.  Nicholas asked to schedule a public workshop/meeting on July 16th to explain the rate increase.  She said that the committee would like to include a notice (of the meeting) with the June utility billing.  Nicholas said that the constant rate over the current five year contract was calculated from an average of the five year rates and that the increase in population was not considered (in the figures).  The committee will bring it to the BoS in May when the figures are known.   The workshop/meeting date will be confirmed at a May BoS meeting after the figures have been presented to the Supervisors and will be posted on the Township website.
  • The Stockertown fire protection contract for the Forks Fire Department was discussed.  It is due to expire in April 2010 and the committee does not want to "blind side" Stockertown. If the rate is going to increase, she would like to let Stockertown know so that it can include the new amount in its budget.  The committee will discuss the call volume at its May 13th meeting.  It will be an agenda item.  They will use Fire Chief Bryan Weis' detailed fire call report - making the new rate determination based on facts and not just on a guess.  Nicholas said that it will take a while to figure this out and added that she doesn't think that Forks residents should be paying for Stockertown's fire calls.  She thinks Stockertown should pay for its own fire calls.  Nicholas also said that she would like to invite the Public Safety Committee and the Borough of Stockertown to a meeting as well. 

Sandy Hanks (resident and candidate for Elected Auditor) asked about the increased number of residents and the refuse billing.  She wondered why their payments do not cover the difference.  Farley said that the new contract is not yet in place but that Waste Management has offered to keep the current rate for one additional year.  The current contract was for five years with different rates (per resident) for each year.  The rate charged to residents was an average of the five years.  The renewal will be at the fifth year rate - higher than the average that residents are paying now.  In the first two years of the current contract, the Township collected more than it had to pay, in the third year it was the same, and in the last two years it was short - but in the end, ideally (given no increase in residents) it would all work out.  The new residents are paying the year three rate - less than what is being paid by the Township to Waste Management on their behalf.

Township Manager's Report - Schnaedter - verified that he has received only one application for the Planning Commission (PC) opening.  The interview has been set for 7 PM on May 7th (in a workshop) prior to the 7:30 PM BoS meeting.  The (PC) appointment will be an agenda item at the meeting.

Engineer's Report - Hay - not present

Solicitor's Report - Kline - reported that last September the BoS granted conditional approval for Crayola's 15 acre solar panel land development.  Crayola was in a great rush to get the project done by the end of the year (2008 - to take advantage of Federal energy tax credits.)  Since then the credits were extended and Fotowatio (USA) has "fallen off the face of the earth... apparently they lost their power..."  Someone contacted Klein on behalf of Crayola and they will be working with a new company to "resurrect their plan."

UNFINISHED BUSINESS

Ordinance 312 – Vacation of portion of Glover Road (Karl Kline, Solicitor) - Kline explained that as a result of the plan for Fort James 3, Glover Road was realigned to intersect with the new Braden Boulevard and a portion of Glover Road - a Township road - is no longer needed.  Ordinance 312 vacates that no- longer-needed portion and gives the land to the adjacent property owners (to the middle of the former road bed) - John and Donald Ackerman get half and JG Petrucci gets half.  The ordinance passed in a 5:0 vote.

NEW BUSINESS

Police CALEA Accreditation (Greg Dorney, Police Chief) -  Chief Dorney explained that CALEA stands for Coalition of Accredited Law Enforcement Agencies and is a national organization.  An overview of the program was in the Supervisors packets for the April 2nd meeting - along with a letter from January 25th to the Township Manager with a detailed overview of the program, a March 23rd memo from Dorney to the officers titled "Why Accreditation Is Important To Me," and a call service report (grouped by codes) for the years 1999-2008.  Police CALEA accreditation was a topic at the January goal setting meeting.

Henning Holmgaard (former Supervisor, Forks' liaison to the EAJSA, and current candidate for Supervisor) offered a definition of what accreditation is:  A police department goes through a series of tests given by their peers to see that their performance standards are up to the standards of the level being applied for. (Forks PD achieved State accreditation in 2005 and was re-accredited in early December 2008.) Holmgaard said that Dorney is now part of the State accreditation team.  Dorney offered that Detective/Accreditation Manager James F. Rowden is a member as well.

Dorney said that there are currently only six CALEA accredited law enforcement agencies in PA - out of 1200 plus departments.

Dorney said that accreditation is the implementation of professional standards based on best practices.  The standards for CALEA are developed by nationally, and in some cases, internationally recognized police practitioners.   There are 438 standards and under each there are sub-sections with a lot more standards.

Police development will be how the standards are implemented within the department.  The department must then meet the adopted standards and maintain them on a day-to-day basis.  It takes three years (and random audits) and at the end, a team of outside professionals comes in for a week and goes through "doors and drawers" and decides if the standards are being met.

Dorney said that it is essentially a risk management program that looks at crucial high risk activities that have the potential, if not done properly, to end up in costly litigation for the municipality.  He offered that he believes in it greatly.

The initial cost for the program is $1,570 (based on the number of authorized individuals in the department - currently 24).  Dorney said that he would like to use the existing training fund.  In year two the cost will be $207 for approximately $1,800 total.  Dorney is looking at a five year timeline and expects to be fully CALEA accredited in July of 2014.

Dorney reviewed the service report that was in the Supervisors's packets.  In 1999, the department responded to 3,428 calls.  Last year there were 7,656 calls for service - no homicides.  In 2007 the department handled its first homicide in a long time.  "It was handled from start to finish by our agency and resulted in one of the fastest convictions in Northampton County history on a murder charge."  Dorney added that they see just about everything (in calls) and that it is important that the department set high standards for itself.

Howell thanked Chief Dorney for his well done presentation and asked for a motion.  It was offered by Chuss and seconded by Nicholas. 

In discussion, Egolf asked how the department officers view the program - because "without a buy-in, things fail."  Dorney said that they all back it.  Egolf offered that it is very good that this is not "from the top down type of initiative" and congratulated Dorney.

Lilly Gioia (resident and write-in candidate for Supervisor) asked if the CALEA program standards cover domestic situations, particularly child abuse.  She said that when the the economy in a downturn, domestic abuse cases rise.  Dorney said that it is covered currently by State law and is in the State accreditation program.  He added that she is right, domestic issues have risen.

The vote was 5:0 to approve Forks Township Police Department's move toward national accreditation.

Request for acceptance of the Community Center roof repair (Mark Roberts, DPW Director) - Roberts explained that the Community Center roof leak repair bids were opened on April 13th.  Three bids were received however, Alfero & Company's low bid of $15,288 did not have the required "statement of bid qualifications" attached.  Robinson Roofing Services was the next low bid at $15,853 and the third bid was from Alan Kunsman Roofing at $24,750.  In a 5:0 vote, the Supervisors accepted the Robinson Roofing bid.

Request for acceptance of the Remediation of the Police Dept. ductwork (Mark Roberts, DPW Director) - Tabled because of questions that need to be researched.

Purchase of World Trail Fitness Package (Rick Schnaedter, Township Manager) - Schnaedter said that last year, the outdoor fitness trail in the Community Park was removed because it was in disrepair.  The Recreation Board's recommended replacement equipment did not meet the PA COSTARS program.  However, comparable equipment was found from Playworld Systems, a State approved COSTARS vendor (no bids needed).  It is currently "on sale" and a little less expensive than the original choice.  The Recreation Board is amenable to the substitution.  The not-to-exceed amount of $8,099 will come from the Parks & Recreation fees (a fund from money paid by developers for that purpose).  Howell said that $9,000 was set aside last year.  The purchase of the "Trail World package 1" was approved in a 5:0 vote.

Review of Public Works (5) year Plan (Erik Chuss, Supervisor) - Chuss said that the BoS has the Recreation and the Facilities Plans.  The remaining two plans will be in the next meeting packets.  They will be reviewed at the Public Works Committee meeting in May and will be presented to the Board by Mark Roberts at a May 21st public workshop at 6:30 PM before the regular BoS meeting.

Nicholas asked that the names of employees in the Facilities Plan be removed and replaced with their position titles.  All the plans will be changed to show titles instead of names.

Executive Session - The session was requested by Nicholas.  The purpose was to discuss a real estate matter.  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.

BoS Meeting Notes - 9/4/2008

Regular Meeting (agenda)

This night's meeting was filled with a variety of topics - from Forks EMS, the Forks Elementary School's new playground equipment, to Crayola's solar park.  For more on the EMS discussion please read Tony Nauroth (Express Times) and Tom De Martini (Morning Call) and, this editorial from Sunday's Express Times.

For more on the Crayola solar project see Tony Nauroth's Express Times article.

The minutes from the August 21st meeting were not approved.  Approval was tabled in a 4:0 vote (Nicholas abstained because she was not at the August 21st meeting) following a motion to table by Egolf who said that the minutes were "not complete."  The recording secretary was not present at the August 21st meeting and minutes were written from the meeting recording.  Each Supervisor is to email comments/corrections to Schnaedter. 

Public Comments (non-agenda)

• Michael Goffredo - Sullivan Trail Business Park - was asked by Supervisor Howell to hold his comments until the Solicitor's Report.
• Rob Leiser - Leiser's Rental Barn on Sullivan Trail - discussed the traffic light at Meco and Sullivan Trail.  He began by stating (of the BoS) that the "faces have changed but the anti-business rhetoric remains the same."  He said that the project has been going on for three years and that only now is he being consulted regarding the entrance to his business.  He said that (Township Engineer) Hay brought him a release to sign and if he had signed it, his Sullivan Trail entrance would be closed and the BoS would dictate that the new entrance be from Meco Road behind his barn and against a residential line.  To put it there, he said, would require removing "a storage building, nine mature trees, a 100 year old stone corral, and adding almost 6000 feet of pavement..."  In addition Mr. Leiser said that it would damage his business.  He offered that the new entrance should be right behind his building. 

Mr. Leiser said that the light is needed and that it is an important, and relatively safe, intersection - although "sooner or later, somebody's going to be killed there."  He is the "first responder." 

He said that the reason his signature is needed to move the project forward is "to protect guys like me, from guys like you."  He concluded by stating the plan is not good for him and that as far as he is concerned, the project is dead.  He said that he is not "signing off."

• Sandy Hanks - resident - asked if there is a Township ordinance regarding the placement of realtors' signs on corners.  Ms. Hanks said that they are often within the sight triangle.  Chief Dorney said that he would look into it.  Also, Ms. Hanks said that parents dropping their children off at school bus stops park right on the corners.  In particular, it's a problem at Meadow Lane and Ramblewood, and at Meadow Lane and Treeline.  Chief Dorney said that the Police Department (PD) has already spoken to parents at those bus stops and has also referred the problem to the school district.  The department will follow up on it.

Supervisor Remarks: Howell asked that Township Engineer Fred Hay address Mr. Leiser's remarks in his Engineer's Report.  Howell added that both the Meco light and his business are very important to the community.

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 $7,804,374.

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 met on Tuesday and:
  • The PD accreditation effort is underway and is ahead of schedule.
  • The PD has ordered additional anti-speeding signs.  Chief Dorney said that the additional are replacements and some will go to people with pending applications (for signs).  Residents who want a sign should contact the PD.
  • The emergency services tower foundation design is expected Monday and will go out for bids.  The building has been delivered and is on site.
  • Suburban EMS (SEMS) was represented at the meeting.  (Aside:  SEMS sent a truck to New Orleans to help with hurricane Gustav.)  Forks EMS (FEMS) was not at the meeting.
    • SEMS has not received payment from FEMS.
    • Forks has not received payment of outstanding taxes from FEMS.
    • The letter sent by FEMS to the Township and dated September 2nd did not include the requested financial statements nor a new business plan.  Instead it stated that the April 2007 business plan is still in effect.  The letter also blamed the Board of Supervisors for FEMS current situation. 
      • Howell said that in reading the letter, he sees that FEMS has closed the door on the subject of financial reports.  He said that FEMS financial condition is not in any way due to the Board of Supervisors.  As of May 31, 2008, FEMS had current liabilities of $183,000 and long term debt of $274,000 - for a total of $457,000.  Howell said that the $20,000 (budgeted in 2007), if it is ever distributed, will be used to pay the $14,000 still owed by FEMS to SEMS and that he was very disappointed with this letter. 
      • Chuss added that there has been no communication with FEMS, aside from a brief meeting between the Township Manager and William Keifer (President of FEMS) regarding the debt or  billing arrangements.  Chuss was concerned enough to ask Solicitor Kline to look into any PA ordinance requiring communication between medical services and municipalities and if there is one, FEMS may not be in compliance.  "They have isolated themselves and there's no room for discussion whatsoever."
• Public Works - Supervisor Miller - noted that the committee had had not met since the last BoS meeting.  The next meeting is scheduled for Tuesday, September 9th at 7:30 AM.
• Parks & Recreation - Supervisor Howell - reported that the committee met last week.  The replacement carousel and outdoor fitness equipment decisions should come from the Recreation Board within the next week and then orders will be placed.  Purchases of both items were already approved by the BoS. 

In regard to the "neighborhood parks," Howell said that the committee is still gathering information as to the placement of the Penn's Ridge basketball court and exploring the cost of the Township installing it versus having an outside contractor do it.  The playground equipment selection (for future approval) for the parks will be done shortly.  Miller is working on the placement of the restrooms at Braden and Meco/Lafayette parks - the type and quality will be considered by the BoS before funds are appropriated.

Barry Albertson of Suburban EMS (SEMS) asked for a list of Township residents' addresses so that subscription letters can be mailed within the next month or two.  A SEMS ALS (advanced life support) subscription will be $47.  Albertson said that the SEMS subscription will cover BLS (basic life support) calls if Forks EMS' (FEMS) truck is busy.  Residents (with SEMS subscriptions) will not be charged extra for SEMS provided BLS services.  Howell said that SEMS will be given the same mailing data that FEMS gets and that Albertson should let Schnaedter know the preferred format. 

Howell thanked Albertson and SEMS on behalf of the BoS for sending a truck to help with hurricane relief efforts.  The SEMS truck is coming back on September 10th. 

Chuss asked about the status of the Recreation Board's five year plan.  Howell said that he noticed that the EASD Business Manager - who is on the Recreation Board's five year plan committee - Jeff Bader (Express Times), has accepted a new position in Harrisburg.  Howell said he's spoken with Carl Scerbo, Recreation Board chairman, and asked for the plan within the next two weeks.  He said that if the five year plan is further delayed, the "Rec Committee, the Township Manager, and Director of Parks and Recreation" will do it.

Chuss said that he is "very concerned" about spending significant recreation funds (on tot lots - neighborhood parks) without an overall plan in place.  He said that that would not be "fiscally responsible."  Howell reminded him that the Recreation Board approved the parks plans and that the parks will not only be part of the five year plan but part of the Comprehensive Plan.

• Community Relations - Supervisor Nicholas - reported that the committee will meet on Monday (September 8th) at 6 PM.  She said too, that the fall edition of the Forks Quarterly should arrive in mailboxes shortly.  Since it is late again, a new vendor for next year will be a topic of discussion at the meeting.  Nicholas reminded everyone that Forks Days are September 20th and 21st and "it should be fun."   
• Finance and Administration - Supervisor Egolf - said that the committee will meet on Wednesday, September 10th at 5 PM.  They will begin work on preparing the 2009 budget. 

Chuss announced that on Sunday, weather permitting, the EAA is having its annual fly-in at Braden Air Park.  The Kiwanis will have its breakfast fundraiser (at the airport) from 7:30-11 AM.  Visitors are to use the the Uhler Road (back) entrance for parking.  Nicholas asked that the Kiwanis breakfast be added to the Township website.

Township Manager's Report - Schnaedter said that his report was in the Supervisors packets.  He had nothing to add to what they were given.  Howell asked about the meeting with Keifer and whether Keifer indicated that he would be providing any documents.  Schnaedter said that he met with him before the September 2nd deadline and that Keifer said that he would have a response to the Board's request. 

Engineer's Report - Hay - said that the form that Mr. Leiser was asked to sign was an indemnification agreement for PennDOT and that he would not be signing away any rights.  It is to release PennDOT from liability.  Hay went on to say that PennDOT can not make one vacate a driveway. 

Howell told Mr. Leiser that there has never been any action by the Board (or any executive session discussion) to close his driveway.  Mr. Leiser said that the plans he has from PennDOT show his current Sullivan Trail entrance closed.  He added that PennDOT told him that it does not want to go ahead with the (Meco intersection light) project unless his Sullivan Trail entrance is closed and he will not sign off on the project if they move his driveway.  Hay said that the traffic signal plan shows the Sullivan Trail driveway as open. 

Howell said that he is "rather shocked" and asked what the Township can do?  He told Mr. Leiser that it is not the intent of the Board to deny his Sullivan Trail driveway.  It was decided that Hay would bring the plans to the Municipal Building and call Mr. Leiser to view them.    Howell said that he would like to be there.  Mr. Leiser noted that it must be clear to him "and right now it is not very clear."  Howell said that other than the maps and the Board's intention, he doesn't know what other assurances the Board can give.  Howell added that it is a very important project. 

Mr. Leiser said that his contact at PennDOT does not return phone calls or answer his emails.  He thinks that she has "just soured of the whole project herself."  He said that she said his driveway has to be moved and that she agrees (with him) that it would be better located behind his building.  Mr. Leiser added that that is not something the Township would allow. 

As to the emergency services tower foundation, Mr. Hay said that the designs are due Monday and that bid packages will be sent out but the bids will not be back in two weeks.  Hay expects them to be between $10,000 - $15,000.  In the interest of time, he asked the Board to award the bid administratively, that is to let him pick the lowest bidder (who fits the parameters of the bid package) and give them the contract.  This will save at least a week.  The BoS voted 5:0 to do that providing Solicitor Kline reviews the bid bond and says that everything is in order.  The BoS will ratify the bid award at its October 2nd meeting.  Nicholas asked that the bid be emailed to her.  It will be sent via email to the entire Board.  

Solicitor's Report - Kline - reported on the progress of Sullivan Trail Business Park and the municipal improvements.  He reminded the Board that on July 17th, a resolution was adopted giving the developer (Michael Goffredo) until Labor Day to complete the punch list of municipal site improvements.  Among other things, the list includes televising the sanitary sewer, stormwater work, paving Braden Boulevard (to Merchants National Bank), and repairs to the two driveway crossings at Scott's Collision Center.  There was no work done on the site between July 17th and August 24th.

Kline said that on August 25th Lehigh Valley Site Contractors was mobilized and the detention pond work was completed satisfactorily on September 2nd, the day after Labor Day.  Hay was informed that the contractor was then pulled off the job.  No other work was completed. 

Nicholas Noel, attorney for Goffredo, called Kline this afternoon and told him that Pan Contracting (of Forks) will begin work on at least some of the remaining punch list items, but because of their "busy construction schedule" cannot start until September 9th.  Kline said he told Noel what his recommendation to the Board would be.

Kline (and Hay) recommended to the Board that bid specs be prepared and legal notices be drawn up with the "intent to move forward with the awarding of bids" - to get the work completed this year.  Kline added that if Goffredo completes the work, then "fine so much the better.  The Township is getting what it really wanted in the first place."

Michael Goffredo took exception to Kline's description of the events.  He said that Kline's "characterization was far from accurate."  Goffredo said that the punch list is complete with the exception of Braden paving, the re-paving of two driveways, and some minor patch up work, including the alignment of one six foot section of curbing.  He said that he has photos of every punch list item that is completed - but did not have them with him.

Of the detention basin, Goffredo said that the contractor came back to "modify" it - only after extensive negotiations.  Of the paving, Goffredo said that the price of asphalt was at an all time high in July and August 2008 and that paving would have cost only $22,000 in 2006 when he wanted to do it - but was prevented by the Township.  He added that the figure is "in the record... or will be it it need to."

Goffredo said that he wanted again to pave in September 2007 and was again told no because of the imminent Weis Market construction and expected damage to the roadway.  Goffredo said that if the road was paved and the paving was damaged by Weis or Warren Hospital construction, that it would be Weis' and/or Warren Hospital's responsibility to repair the road. 

Goffredo gave copies of the 2002 developers agreement to both Howell and Kline and asked if there was anything in the document that gave the Township the right to control when he could and could not pave?  Instead, he said, the Board chose to say he was in default.  He added that the bottom line is that he was never allowed to complete the work.  He said that he is going to get the paving done and it should be completed next week or at least before the Township can get bid packages prepared, advertised, bids received, and contracts awarded.  It only took two men 1-1/2 days (12 hours) to complete the punch list work that was done.  "It was so minor," Goffredo said.

Kline said that he didn't want "to fan the flames" but the project was started in 2002.  He doesn't know what happened in 2003, 2004, 2005, 2006, 2007, or 2008 - except a lot of meetings to try to get the developer to complete the municipal improvements.  The detention pond improvements were done in a week.  Putting the wearing course on the roads in the entire development, makes no sense since Weis Market, the daycare center, and the office building are yet to be built.  Merchants National Bank however, is open and cars are hitting the raised manhole covers.  Kline added that if Goffredo wants to put the wearing course on all the roads, the Township will not stop it.  There is an 18 month maintenance agreement during which the developer is responsible for repairs. 

Nicholas motioned to proceed with the preparation of bid specs for the open punch list items.  The vote was unanimous. 

Chuss asked about the status of Weis Market and Kline said that Weis is moving forward with getting approvals from outside agencies - PennDOT for the intersection improvements and rights of way from the airport, Wachovia and possibly the owner of the lot on the northeast corner.

UNFINISHED BUSINESS

Forks Elementary PTA - Playground Structure (Linda Hill) - Ms. Hill, representing the Forks Elementary School PTA, said that she spearheaded the large community wide program to underwrite the new playground equipment for Forks.  She thanked both the Township for its $10,000 donation and the Forks Athletic Association for its donation.

Ms. Hill said that the old equipment was 20 years old and made of CCA (Chromated Copper Arsenate) treated wood and that the "good news" is that the school nurse no longer has to pull out kids' splinters.  The EASD graded the site and removed the old equipment.  The supplier sent two crews of 12 people and put up the new equipment in two days. 

Before selecting the play equipment for phase 2, teachers will be asked what the kids like best - what they stand in line to use.  The playground committee will then decide whether to add duplicates of the more popular equipment to the phase 2 purchase.  Fundraising efforts are ongoing for phase 2.

The playground dedication ceremony is planned for September 29th at 6 PM and Ms. Hill extended an invitation to the Board from the playground committee to be honored guests at the ceremony. 

Throughout, Ms Hill showed photographs of the old and the new.  Howell expressed his thanks to Ms. Hill and asked when the general public can use the playground.  Ms. Hill said that the playground is open to the public any time that school is not in session (4 PM until dark), including weekends and holidays.

NEW BUSINESS

Compensation for Real Estate Tax Collector for the year 2010 (Rick Schnaedter, Township Manager) - Ms. Vale asked the BoS to raise the rate of compensation for the elected Forks Township Tax Collector to between $35,000 and $45,000 beginning in 2010.  Her term expires at the end of 2009 and the rates can only be changed effective the next four year term.  She presented earnings data of elected tax collectors in neighboring communities and listed some of the duties performed in addition to the collection of real estate taxes.  Her research shows that the Palmer collector earns $89,302 (from both RE and LST collections), the Bushkill collector is paid $26,000, and the East Allen collector gets $17,700.  In contrast, she is paid $15,000 by Forks Township.  Ms. Vail said that she mailed approximately 7,000 bills and collected in excess of $2,000,000.  Miller asked if that was her total compensation and she replied that she also earned $9,000 for the preparation of "certs" and that money is not paid by the Township but by the companies requesting the certs.  No action was taken by the Board. 

2009 Minimum Municipal Obligation (MMO) for Forks Township Pension Plan (Jim Farley, Finance Manager) - Farley said that the Township must submit its municipal obligation for pensions to the State at this time every year and that the forms listing salaries and wages (estimated to year end) must be submitted by the end of the month.  The State calculations are completed and total $267,028.  Farley offered that a considerable portion is refunded by the State.  Howell asked what might lower the amount owed and Farley replied that changes in staff do that.  The BoS must acknowledge and approve the figures before submission.  The motion to move forward was made by Nicholas, seconded by Miller, and approved unanimously.

Approval of the 2009 Budget Calendar (Jim Farley, Finance Manager) - Farley explained that he prepared a budget calendar similar to the ones used in previous years and that although it is tentative, he believes it gives enough time to prepare a "good, healthy budget."  Several of the meetings will be held at 6:30 PM prior to BoS meetings.  The calendar was approved with a unanimous vote.

Request to re-bid/CCTV Municipal Complex CCTV System (Rick Schnaedter, Township Manager) - Schnaedter explained that the single bid received (from Scott Communications) was incomplete.  It was missing a bid bond, a reference list, and was more than anticipated.  Schnaedter said that this time potential bidders will be invited to a pre-bid meeting.  Kline said that the BoS must formally reject the bid (from Scott Communications) and notify the bidder.  The vote to re-bid and notify the existing bidder was 5:0.  Schnaedter said that it will be advertised in the papers and posted on the Township website.

Crayola Land Development/Fotowatio USA, Inc/Preliminary/Final Approval Request (Keystone Consulting Engineer) - Fotowatio's representatives gave a similar presentation to the BoS that they gave to the Planning Commission (PC) on August 14th.  (See the FAC Blog post.) 

The BoS was told that Fotowatio is now in the USA and it is here because it is a promising place to be... "and it is exciting."

The Crayola 3 megawatt photo volcanic array will cover 15 acres of a 127 acre parcel.  It works year round but if the snow is deep, the panels must be brushed off.  The panels will be angled to catch southern light.  They are not visually imposing and do not reflect light (they absorb it.)  There are no moving parts.  Each panel can be monitored remotely.  The panels just sit there and quietly generate power when the sun is shining.  There will be a 40 ft x 70 ft control pad where the inverters convert DC current to AC. 

MetEd is said to be excited because of the load that will be pulled off the grid.  The BoS was told that it was a "win-win" because solar power helps the Commonwealth, the USA, and Forks Township move towards the future.

Maintenance of the system is minimal.  The system is guaranteed for 25 years.

The entrance will be through the Crayola property (behind the plant).  No land will be disturbed except for the access road and the 12" diameter by 48" deep holes that will be dug for the poles.  There will be a 6-7 foot high fence around the solar array.  A single trench will be dug for the underground wires that will connect the (interconnected above ground) array with the control panel.  Grass will be planted under the panels.  There will be one (emergency only) light on the equipment pad with lockbox access.  The buffer and setbacks are planned at 50 feet.  The buffer will be flat and not raised.  There is a double tree row between the site and Kesslersville Road.

Nicholas recalled that in 2001 (when Binney & Smith expanded) that there was a stipulation that a section of this parcel not be developed.  Kline clarified that Binney & Smith requested, about the time the new zoning was being adopted in 2001, that a part of the farm property they were purchasing be designated EC (Employment Center).  Kline said that the 128 acre parcel is in fact in two zoning districts, the FP (Farmland Protection) and the EC and that the F-1 use (Utility Operating Facility) is permitted in all districts.  The solar array will be on the EC part of the parcel. 

Nicholas questioned the depth of the setbacks.  She thought 100 feet was required and not 50. 

Nicholas asked the Fotowatio representatives why the "emergency" and was told that solar is not doable without help from the government and the Federal energy tax credit program is expiring at the end of December.  Without the Federal energy tax incentives there will be no project. 

Nicholas said that she just saw the drawings tonight and that SALDO is important and the requested waivers should be considered independently.  She was told that the PC considered the waivers separately and granted all of them.  Hay said that this project is the opposite of intensive development and that a lot of things do not apply.  He added that he looks for impact on neighbors and this project is "about as clean and quiet as you can get."

Kline said that the neighbors who were at the PC meeting were very supportive and that they said that the only thing quieter would be a cemetery. 

Resident and property neighbor, Rachel Hoagland asked that the Board be certain about the setback requirements and confirm them.  She thought that they were 100 feet.  It will be followed up according to a project representative.

The vote was 5:0 to approve the final plan. 

Executive Session - An executive session was requested by Chuss to discuss a legal question and by Nicholas for a personnel issue.  The session lasted over an hour.  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.