BoS Meeting Notes - 1/21/2010

Recreation Board Interviews & Appointments - 6:00 PM

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

Regular Meeting - Agenda

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

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

Public Comments (non-agenda) - none

Supervisors Comments 

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

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $7,737,126.

Standing Committee Reports:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

UNFINISHED BUSINESS

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

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

NEW BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Please read Tony Nauroth (Express Times) for more.

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

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

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

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

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

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

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

The motion passed 5:0.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2010 BoS Re-Org Meeting and Regular Meeting - Notes

SWEARING-IN OF NEWLY ELECTED OFFICIALS

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

ANNUAL RE-ORGANIZATION MEETING

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

For 2010:  

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

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

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

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

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

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

All meetings will be held at the Municipal Building.

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

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

More appointments:

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

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

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

Yet More Appointments:

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

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

The following appointments was made:

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

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

Lastly, these appointments were made:

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

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

REGULAR BOARD OF SUPERVISORS MEETING

Agenda

Public Comments (non-agenda) - none

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

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $7,738,560.

Standing Committee Reports:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

UNFINISHED BUSINESS

None

NEW BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BoS Meeting Notes - 12/3/2009

Executive Session - 7:00 PM

The session was held for a personnel matter.  Both Supervisors-elect attended.  No action was taken during or immediately after the session.

Regular Meeting (agenda)

On this night Supervisors voted to contribute $2,000 to Safe Harbor of Easton, hire a new Township Engineering firm, appoint a new Forks representative to the Easton Area Joint Sewer Authority (EAJSA), increase the sports sign up fees, advance the new solar ordinance, table the Comprehensive Plan, and almost went head to head with the Army Reserve!

For more on the Safe Harbor contribution (4:1 vote), please read Douglas Brill's Express Times article.  Also read the Express Times Turkey (editorial) - awarded for the second year in a row to the lone Forks Supervisor to vote against a Safe Harbor contribution.

For more on the Army Reserve's Forks Township plan, please see Douglas Brill's Express Times coverage. 

And, for more on the tabling of the Comprehensive Plan, see Tom De Martini, Morning Call. 

Public Comments (non-agenda) -

• Neil Schurgot, of Meadow Lane Drive, told the Board of an abandoned property on his street (2309 Meadow Lane Drive) and the problems it is bringing.  The property has been vacant for two years.  The first year, the bank maintained the property and mowed the lawn every two to three weeks.  Since May of 2009, the property has been ignored. 

Mr. Schurgot has called the Township numerous times about the property and the problem is not remedied.  Rodent infestation is now coming onto his property.  He said that the owner of the property is in Philadelphia and the property is in foreclosure.  He has been in touch both with the owner and with the bank.  Nothing has been done.

Zoning Officer Tim Weis has been in touch with the bank and originally it was cooperating.  However, at this point, thirty days has elapsed and nothing has been done.  Weis said that he thought the next recourse would be a lien on the property.  Kline said that if the property is in foreclosure, the bank (Countrywide Bank) does not own the it. 

The process in place in the Township for dealing with its ordinances is unacceptable according to Mr. Schurgot who added that the Township's ordinance regarding abandoned property is very weak.  He said that with the way the market is today and the fact that people are walking away from their properties, the Township needs something in place to be sure that the value of residents' properties does not decrease because of abandoned properties. 

Weis said that the Sheriff's Department needs to get involved.  Nicholas suggested that Weis and Solicitor Kline get together to find a solution.  Mr. Schurgot said that if a solution is not found by the end of the month, he will have to resort to legal recourse.

Supervisors' Remarks:

• Chairman Howell said that Chuss' motion (at the last meeting) specified a December 31st deadline for applications to the open seats on the appointed boards.  The legal notice in the Express Times contained an incorrect date.  Kline said that another BoS vote is not necessary since it was already voted.  Howell told Schnaedter to adjust the advertisement on the Township website to reflect the correct date. 
• Supervisor Egolf - said that the Township contributed $2,000 to Safe Harbor last year and he was interested in seeing if the BoS wants to do it again.  Howell suggested that it be added as an agenda item (see below - Old Business.)
• Supervisor Chuss reminded everyone of the tree lighting at the Community Center for Sunday, December 6th at 7 PM.  Bring canned goods.

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 5:0 vote. The Township's current outstanding debt is $7,755,398.

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

• Public Safety - Supervisor Howell - said the next meeting is Tuesday, December 15th at 8 AM in the Municipal Building.  The principal item to be discussed is fire equipment.
• Public Works - Supervisor Chuss - reported that there has been no meeting of the committee since the last BoS meeting.  The next will be on December 8th at 7:30 AM in the Municipal Building.  To be discussed will be the public works garage and ways to reduce the cost of the initial design submitted by Kimmel Bogrette.  Also to be discussed are various projects going on in the Township. 
• Parks & Recreation - Supervisor Egolf - was happy to report that Jim Farley (Finance Manager) sat down with some officers of the Recreation Board.  They covered everything that was covered at the regular meeting.  The Recreation Board five-year plan is in hiatus and next week Egolf will meet with Ed Moore to see what needs to be done to move it forward.  The fifth item on the agenda (New Business - Increase Sports Sign-up Rate for 2010) is an outgrowth of financial work with both the Recreation Board and the Athletic Association.  The next meeting is scheduled for December 14th at 6 PM in the Municipal Building.
• Community Relations - Supervisor Miller - said that the next meeting will be on December 14th at 5 PM.
• Finance and Administration - Supervisor Nicholas - said that there had been no meeting since the last BoS meeting.  The next will be on December 9 at 5 PM in the Municipal Building.

Township Manager's Report - Schnaedter - said that the Supervisors had his report in front of them.  He reminded them of the Township (employee) assessment forms and that if they wish a formal tour of the (Township owned) house on Zucksville, they should let him know.  Howell said that he would like all Supervisors to see the house because there are pending issues on the application of it for 2010. 

It is at 700 Zucksville Road and was previously rented to the Township Fire Chief, Bryan Weis.  He is getting married and has moved.

Schnaedter also said that Supervisors have the revisions to the Comprehensive Plan in front of them.  He said that they came in late this afternoon and he was told that the changes are italicized. 

Engineer's Report - Fred Hay - absent

Solicitor's Report - Kline - said that the Weis Market land development is moving along.  The additional right-of-way (Uhler Road and Sullivan Trail) to be dedicated to PennDOT has been acquired.  PennDOT requires it before it will issue a permit for the intersection.  Also, the Township right-of-way must be deeded over as well.  The deeds should be wrapped up shortly and a spring construction start is expected. 

Kline also reported that there have been three inquiries from three residential subdivision developers who are talking about getting agreements in place to get started.  They are the Courts at Newlins, Town Center II, and the Knollwood subdivision.  Howell remarked that the Courts at Newlins (Newlins and Sullivan) land is for sale.  Kline said that with the stormwater improvements in place (under Sullivan Trail), the land will be easier to sell.

UNFINISHED BUSINESS

Contribution to Safe Harbor - 2009 (Robert Egolf, Supervisor) - Egolf said that he thought that the $2,000 amount is appropriate for this year and that it is the amount given last year.  He made the motion for the donation.  It was seconded by Miller. 

Nicholas asked from which account the money will be taken.  Farley said that the Township is under budget as a whole.  Last year the money came from the Supervisors' discretionary fund.  There is no Christmas party planned for this year. 

Chuss commented that he voted against it last year and will again this year as it is taking residents' money - money they are forced to pay - and donating it.  He said that he thinks people should be encouraged to give to Safe Harbor and other charitable organizations but that taxpayer money should not be given away.  Chuss said that he thought the Township was "opening up a can of worms" and that he doesn't want to choose who to give to.

Howell remarked that Safe Harbor and the local SPCA are two charities that have a meaningful impact on the Township.  He said that the Township should not turn its back on a place that takes in Forks residents.  He also said that there was a time when the Township gave $5,000 to Safe Harbor.

The vote was 4:1 to make the donation of $2,000.  The nay vote was cast by Chuss.  Schnaedter was asked to send an appropriate letter with the check.  The donation is for 2009.

For more details see Douglas Brill's Express Times article and the Express Times Turkey (editorial).

NEW BUSINESS

Forks Vacancy on the Easton Area Joint Sewer Authority (David Howell, Supervisor) - Howell explained that this is a unique vacancy caused by the resignation of (former Supervisor) Henning Holmgaard as the Forks representative on the EAJSA.  Mr. Holmgaard is now a resident of Seattle, WA.  He served on the EASJA board (meets once a month) as well as on its engineering (meets once a month) and finance (meets as needed) committees. 

Howell said that only one candidate has expressed an interest in this position, Carl Dicker.  He is on the Planning Commission (PC) and applied for the EASJA seat in 2005.  Mr. Dicker is a professional engineer and his specialty is storm water and wastewater services for the Lehigh Valley office of Spotts, Stevens & McCoy (SSM).  SSM is not affiliated with the EAJSA.

In discussion it was learned that calls were made to the EAJSA to determine the type of term that is open, an unexpired one or a new one.  The EAJSA has very poor records and does not know the answer to that question.  It is a five year term.  Howell suggested that since there is an important meeting coming up on December 21, that Dicker's appointment be for the unexpired term of Henning Holmgaard and that at the BoS Re-organizational meeting in January, when more is known, another appointment be considered. 

Chuss wondered if there was a conflict of interest because of Dicker's seat on the PC.  Kline said that there is none since nothing prohibits him from sitting on two appointed boards. 

Kline said that there must be some records for the terms of the EAJSA members.  He suggested that he write to EAJSA solicitor (with the Board's permission) and ask for clarification of all the terms on the Authority.

Chuss made a motion - Nicholas seconded - to appoint Dicker until the termination of the unexpired term.  The vote was 5:0.

Bethlehem Army Reserve Center Land Development Plan – Lots 15 & 16 Fort James III (Tim Weis, Zoning Officer) - Weis said that Keystone Engineering's letter is in the Supervisors' packets.  He also noted that the Army was not here tonight.  The lot consolidation plan will be before the PC this month.  Weis recommended that this agenda item be tabled until the lot consolidation is approved by the PC.  Chuss made the motion to table.  Egolf seconded. 

In discussion, Turner (PC Chairman) asked if a time extension will be necessary to avoid a "deemed approval."  Kline said that they are dealing with the Federal government and that the Keystone list does not involve problems with the township roads or its sewer system.  Initially, the list had 36 SALDO related items but the Army Corps knocked out some due to security concerns and others with the "document of preemption" (where the Federal rules overrule the local ones.) 

Only two of the issues cited by Keystone must be dealt with.  As part of their stormwater system, they want to use infiltration beds in a known karst limestone area and that is just asking for sinkholes.  Township Engineer Fred Hay asked that they do resistivity testing and the (Swiss cheese) voids found under the lots put them on notice that they may be causing problems for themselves if they use the infiltration methods.  The Township sanitary sewer line runs under the property.  Kline went on to to say that Hay was satisfied that other than that, the plan is okay.  Kline said that the Board can grant conditional approval subject to the October 2009 Keystone letter including comments #1 and #2 - with the understanding that he, Kline, will add a warning of the inadvisability of using infiltration beds.

Nicholas said that she has questions and that the Army representatives should be there to address the Board.  She will not vote on any plan when there is no representative present to answer her questions. 

The motion and second were withdrawn.

Chuss said that he does not remember seeing the plan before and he made a motion to request that the Army grant a time extension and if they do not, then the plans are not approved - included was a request that they appear before the Board.

Kline said that the Army granted an extension until a few days after tonight's meeting and if they do not grant an additional extension the Board can deny the plan.  The Board must be aware, however, that it may begin a "direct battle" with the Federal government.  Kline added that there is nothing in the review letter that can serve as a basis for a denial.  He said that they still need the lot consolidation as well as approvals from outside agencies. 

Turner said that it is a very different plan than the PC dealt with and, "It is what it is."  He said that the Army plan complies with sewer requirements "and they have Federal regulations that trump Township regulations."

Chuss offered that he "trusts the PC a lot and values their views and opinions."

Howell asked Kline to review the Board's options.  The time extension (already granted) will expire before the next BoS meeting.  Kline said that the Board can grant approval with the two Keystone conditions or ask for the Army to grant a time extension and  if no new time extension is granted, the BoS can deny the plans.  However, it needs reasons to deny. 

Kline said that the Army Reserve appeared at all the PC meetings and were the ones anxious to advance the plan to this December 3rd meeting of the Supervisors.  He said that they knew they had to be present.

He suggested that the motion be to give an extension of time to give the BoS an opportunity to ask any questions they have about the project.  If the extension is not granted, the plan is denied.  Chuss complied and made a motion to request a time extension and if it is not granted, the plan will be rejected based on the fact that it has never been presented to the Board of Supervisors.  Egolf offered that it could be an oversight but that is not known and since it is not known "they must be treated like any other miscreant who doesn't show up when they are supposed to."  The vote was 5:0.

Read Douglas Brill's Express Times coverage for more.

Alfero Construction Company Land Development Plan (Karl Kline, Solicitor) - Kline said that "these miscreants" did not show up tonight and did not show up before the Planning Commission either.  Keystone Engineering's letter contained 32 items that have not been addressed.  Kline noted that the BoS can vote to deny the land development based on the comments in the review letter.  Keystone will provide the details of the SALDO (Subdivision and Land Development Ordinance) rules.  The vote was 5:0 to deny.

Appointment of Township Engineer (David Howell, Supervisor) - Howell said that the selection of an engineer has been a long process and that Chuss, chairman of the public works committee, has done an excellent job in the screening of applicants. 

Chuss said that it has taken a few months and that it has been a long time (five to seven years) since the Township looked to see what other engineering firms were "out there."  He added that the current Township Engineer has done an excellent job.  Chuss highlighted the selection process:

• It was agreed that the selection would be done by December so that the new engineer could start in January.
• Township Manager Schnaedter, DPW Director Roberts, and Zoning Officer Weis were heavily involved.
• There were 31 applicants.  The committee narrowed the field to seven and they were interviewed in October. 
• The committee recommended four firms to the Board and the current Board, Supevisors-elect, and staff "discussed the advantages and disadvantages and pros and cons" of each firm.
• It was decided that December would be the transition month.

Chuss offered that it is a very difficult decision since all of the candidates are excellent.  Howell added that in his four years as a Supervisor, he's never been involved in a decision this difficult.  He said that the timing was difficult, too, since it occurred in an election year and there is only one meeting left.  Howell said that involving the Supervisors-elect was important so that they can be comfortable in 2010 with a decision made by the 2009 BoS. 

Chuss made a motion to appoint Gilmore Associates and requested that it be effective immediately.  Egolf seconded the motion.  After Kline explained that a transition period is obviously needed and that their rates will be set at the 2010 Re-org meeting, Chuss amended his motion to state that Gilmore Associates is the selection of the Board to be appointed at the Re-org meeting on January 4th 2010 and that the transition begin immediately.  Egolf seconded the motion.  Howell offered that the 5:0 vote showed the solidarity of the Township. 

Representatives from Rettew and Spotts, Stevens & McCoy were present and Howell said that the Board was really impressed with their presentations and that he was sorry there wasn't another job for them as well.  No one was there to represent the winning engineering firm, Gilmore Associates.

The four finalists were: 

• Spotts, Stevens & McCoy
• Rettew
• Gilmore Associates
• Pennoni

Increase Sports Signup Rate for 2010 (Jim Farley, Finance Manager & Bob Egolf, Supervisor) - Farley said that the Township budgeted $72,000 for sports and agreed to hold the line at that amount for 2010.  The Athletic Association (Forks Township Youth Sports Organization) has requested $110,000 for 2010.  The bottom line, said Farley, is that they have additional needs - referees and umpires in particular.  After an analysis of other municipality sports fees, it was recommended that Forks' fees be increased by $10 (from $40 to $50) per child per sport.  Currently, the $40 is split evenly between the Township and the FTYSO.  This will close the gap by $17,000 and the Recreation Board will use its surplus funds for the balance.  Farley offered that they will work with the FTYSO to analyze how the programs are run and to look for opportunities to cut costs for next year.  Egolf made the motion to ask the BoS to endorse the increase.  Nicholas seconded.  The vote was 5:0.

Comprehensive Plan (Dean Turner, Planning Commission) - Howell said that the BoS held a public hearing on the Comprehensive Plan on Tuesday night.  It was productive and a number of changes were talked about.  The written changes arrived today and Supervisors have not yet had a chance to review them. 

Dean Turner (PC Chairman) noted that he, too, has not had time to review the changes.   Kline said that according to the MPC (Municipalities Planning Code) if, after the hearing, the proposed plan is substantially revised then another public hearing must be advertised and held.  The question is, "Do all the changes constitute a substantial revision?"  Kline offered that if the BoS is satisfied that at the end of the hearing, all the changes wanted were noted, it can set a date for another public hearing as well as a date for consideration for adoption of the plan.  

Turner suggested that the BoS review the changes and have a final version available to the public for review before the (to be) advertised next hearing. 

Nicholas made a motion to table the Comprehensive Plan until the December 17th BoS meeting.  It passed 5:0.  Please read Tom De Martini, Morning Call for more.

Planning Commission request to advance Solar Ordinance (Dean Turner, Planning Commissioner) - Turner said that Kline forwarded both the proposed Solar Ordinance and Historical Resources Ordinance to the BoS in June.  The historical properties list will show all existing structures in the Township that are over 100 years old. 

The original plan was for the two ordinances to be moved forward together however there is still more to do on the Historical Resources Ordinance.  The Planning Commission (PC) needs to develop procedures for properties to get on the list, to change classifications, to be removed from the list, and to be elevated on the list.  

Turner asked for permission to hold a PC public hearing for only the Solar Ordinance at the January 26, 2010 PC workshop.  The Historical Resources Ordinance hearing will be more complicated and expensive since it will involve the notification of property owners.

A motion was made (by Chuss) to approve the advertising of the PC January 26th public hearing for the solar update to the Zoning Ordinance and SALDO (Subdivision and Land Development Ordinance). 

Kline said that, per the MPC (Municipalities Planning Code), copies must be sent to the LVPC (Lehigh Valley Planning Commission) along with a notice of the public hearing as well as when it will be considered for adoption by the BoS. 

The motion passed with a 5:0 vote.  Either Kline or Weis will write the advertisement.

Executive Session - There was an Executive Session for a personnel matter earlier, at 7 PM.  No action was taken. Supervisors-elect attended.

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

Your township needs you! - Vacancies need filling.

Supervisors voted to advertise openings for the following boards and commissions:

Planning Commission	3 openings
Zoning Hearing Board	1 opening
Recreation Board	2 openings
Vacancy Board	1 opening

Send your resumes and letters of interest to Rick Schnaedter, Township Manager.  The deadline, according to the Board's approved motion, is December 31st. 

Applicants will be interviewed in January and appointments will be made by January 31st.

BoS Meeting Notes - 11/19/2009

Regular Meeting (agenda)

This was a pre-holiday meeting with only one agenda item. Supervisors should have ripped through the meeting rather efficiently. In fact, they did - with the exception of a one hour plus Executive Session to discuss litigation, personnel, and real estate issues.

The tentative 2010 budget was approved in a 4:0 vote. Supervisor Nicholas was absent. No tax increase is expected for 2010!

Approval of the October 29th special meeting minutes was once again tabled. A memorial statue was offered and accepted for the Community Center grounds. And, Supervisors learned that the owner of one private home on Newlins Road East is seeking a real estate tax re-assessment.

Public Comments (non-agenda) -

• Fritz Wiede, Forks resident, addressed the Board and reminded them that he was at the last BoS meeting and spoke about the "$3.5 million equipment shed." He asked if the Board had a chance to discuss the project since the last meeting. Chairman Howell said that there was discussion of the plans at a conceptual meeting (of the public works committee). Mr. Wiede said that he visited the "old equipment shed" and admitted that it is an outdated piece of equipment (from the outside - he did not go inside). He said that he's been a resident of the Township for 40 years and asked that the Board keep taxpayers in mind when it comes to paying $3.5 million. He added that he thought a price of $1 million would be enough and asked the BoS if a referendum has been considered so that the people can vote on this project. Howell explained that the Board did not feel a referendum to be necessary when the project originated. Howell suggested that any Board member who feels that there should be a referendum, advise Mr. Wiede. Mr. Wiede said that he will be back in January to ask the new Board members. He was told that they were both in the audience and he could discuss it with them in the lobby after the meeting. He chose to leave the meeting.

Supervisors' Remarks:

• Supervisor Miller introduced Mr. Michael Kadjeski of Mechanicsburg, PA. He is the son of the late Robert Kadjeski, a long time figure in Fork Township athletics and a former Community Center employee. Mr. Kadjeski asked the Board's permission to erect a memorial statue on the grounds of the Community Center. He said that it will be financed entirely by the Kadjeski family and that site preparation work will be reimbursed to the Township. The memorial is a bronze statue of children playing on a log. Mr. Kadjeski said that he will personally guarantee maintenance and repair in the event of manufacturer's flaw or vandalism - for twenty years.

Of his dad, Mr. Kadjeski said that he was a 53 year resident of Forks and active in the 60s and 70s when there were only three sports for boys - football, basketball, and baseball. Now there is also lacrosse, soccer, wrestling, volleyball, etc. He was president of the Forks Township Athletic Association for a number of years. He was responsible for the first purchase of wrestling mats and now the wrestling program has its own building.

Mr. Kadjeski said that his father was very proud of the fact that the Community Center was more than just a place for kids in competitive sports. He and Miller coached at the Community Center and when Kadjeski retired from his job, Miller asked him to work there.

Howell said that he has seen the statue and that it is lovely and in very good taste. In fact, he said that it is the kind of statue that should be enjoyed in a 360 degree view. Howell said that the Board is honored to receive it and hoped that the family would revisit other areas of the park that may have a more appropriate site for it.

Miller offered that there is already a plaque and that Mrs. Kadjeski and her daughter looked at five different sites and wanted the statue located around the Community Center somewhere. Mr. Kadjeski said that the family did not want to be presumptuous but will certainly consider other spots for it.

The motion to accept the memorial statue was made by Miller and seconded by Egolf - subject to placement. The vote was 4:0.

• Supervisor Chuss mentioned the upcoming openings on the various Township boards. The Planning Commission will have three vacancies - Tamborrino, Rizzo, and Billings. The Zoning Hearing Board will have one vacancy - Pappas. The Recreation Board will have two seats open - Reiter and O'Neil. And, the Vacancy Board will have one opening - Holmgaard.

The Vacancy Board position was discussed. It has never been advertised and has traditionally been filled by a former Supervisor. Solicitor Kline said that the appointed person only acts if there is a vacancy on the BoS and that the person appointed need not be a former Supervisor. In further discussion, the Board learned that Mr. Holmgaard intends to move from Forks. His home is for sale.

Chuss made a motion that all vacancies be advertised, with all applications due by the end of December, and that all applicants be interviewed in January, and appointments made by January 31st. Miller seconded and the vote was 4:0.

• Supervisor Miller said that the Township currently has no policy regarding memorials in the park and he suggested that Township Manager Schnaedter look into it. There are several memorials in the park for Forks residents, including one for Colleen Supinski who was killed on 911 and one for Barry Bush, the FBI agent killed accidentally in the line of duty. Miller said that none of these came before the BoS but that there should be a policy that starts with the Township Manager or the Board.
• Supervisor Egolf said that he attended the ground breaking for the Crayola solar farm this morning. He added that the project was started last year and aborted and is now alive again. The solar panels are manufactured in Ohio. There were about 100 people at the ceremony and Egolf said that it was noteworthy for Forks as it will likely get worldwide notice. The solar array "will power a good part of the manufacturing operation when it is up and shining." Howell added that the 15 acre site is one of the highest in Forks and that the project is part of the stimulus program ($1.4 million) and will provide 23 jobs.

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 $7,756,832.

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 last week and discussed routine business plus the Borough of Emmaus' ordinance on animal population (specifically dogs and cats) within residential homes. According to Schnaedter, although it has worked out a system of appeals and inspections and passed an ordinance, Emmaus does not intend to enforce it. The Public Safety Committee therefore, recommends foregoing studying this any further as it does not want to approve a bill that will not be enforced. The bill would be too intrusive on homeowners. The next meeting is Tuesday, December 15th at 8 AM.
• Public Works - Supervisor Chuss - reported that the committee's November 10th meeting was cancelled due to an emergency. The committee was also in the middle of the engineering firm interviews. The field of applicants has been narrowed from 31 to seven and after the seven were interviewed, the field is now down to four. Final public interviews will be Monday and Tuesday evenings from 7-9 PM in the Municipal Building.

Chuss said, too, that Kimmel and Bogrette's preliminary sketch has been received and that it is an interesting design. Costs were discussed and they were encouraged to keep them down. The firm will come back with a more finalized sketch which will be opened up to full Board review and comments by the public.

Egolf offered a "funny" story. He said that several years ago, a Sullivan County community was looking to build a storage building. There were people on both sides - spend more vs. spend less. The community built the lesser of the two buildings. The 1996 heavy snows collapsed the building. Egolf offered that he thinks "you get what you pay for."

• Parks & Recreation - Supervisor Egolf - gave credit to Jim Farley, Finance Manager, who has taken time to look at the the things going on in the athletic association program. Lots of spreadsheets have been prepared and both the Recreation Board and the AA were invited to the last committee meeting. It was a good meeting but no one from the Recreation Board attended. Egolf said that he is hoping that wires were simply crossed and that sooner or later both organizations will be at the table at the same time. He said that he was optimistic after a budget workshop when both the AA and the Recreation Board attended.

Egolf also said that the wrestling commissioner would like to start a "mat club" for off season wrestling designed for young kids interested in wrestling. A recommendation from the Board is needed and he would like to say to Dan Martyak that as soon as the AA gets a proposal together the Board will consider it.

Lastly, the AA is putting a new system for volunteers in place. They are not getting as many as they would like and will assess parents when they sign their kids up for programs - volunteer or pay a fee.

• Community Relations - Supervisor Miller - said that Schnaedter is working on new additions to the newsletter. Miller said that his proposal will be presented at the next BoS meeting. Schnaedter offered that it is for the website and will be brought to the committee first.
• Finance and Administration - Supervisor Nicholas - Absent. The next meeting will be on December 9 at 5 PM.

Township Manager's Report - Schnaedter - reported that there was a recent meeting of the Northampton County Tax Collection District. Forks share is $1,456.55 which entitles it to 2.91% of the vote. The District meets once a month and he and Farley alternate attendance.

Howell asked how the 2.9% was arrived at and Farley said it was based on confirmed revenue from 2007. Howell noted that Forks appears to be the 6th or 7th largest community in the district. Farley offered that the data is on the Supervisors' shared drive and that he will continue to post information there as it becomes available.

Howell thought it amazing that Forks has higher receipts than the city of Easton. Schnaedter said that Easton is disputing the way it was calculated.

Schnaedter said that there have been a tremendous amount of responses for the Community Center Monitor positions. The application deadline is November 30th. Interviews will be held shortly after that.

Also, Schnaedter said that the schedule and names of the four engineering firms for the Monday and Tuesday interviews are in the Supervisor packets.

Engineer's Report - Fred Hay - absent

Solicitor's Report - Kline - said that the KMRD procedural challenge oral arguments were heard in the Commonwealth Court in Philadelphia last week. Those in attendance included Mr. & Mrs. Howell and Jim Wideman. It will be at least 90 days before a decision is rendered.

Kline said that the huge record of material for the substantive challenge has now been assembled and sent to the Northampton Court of Common Pleas.

In addition, Kline said that the Comprehensive Plan public hearing is set for Tuesday, December 1st at 7:00 PM. The BoS will be in a position to consider the plan at its December 3rd meeting and if there are no changes, the Board can adopt the Comprehensive Plan at that meeting.

Also at the December 3rd BoS meeting, the Planning Commission plans to make presentations of two ordinances that the PC has been working on for changes to the Zoning Ordinance and the SALDO (subdivision and land development ordinance). One is a solar ordinance and the other is a historic resource ordinance. The latter is likely to be controversial for all the people who have properties on the list. Kline said that he heard that there are over 200 properties named.

Howell asked if it will be a presentation only or if the Board is to act on the ordinances that night. Kline said that it is a presentation and although the historic resource ordinance is complete, the actual inventory list is not. There are three categories - 1, 2, and 3 - and each property must be assigned to one of them. The categories determine the restrictions that apply.

Once the Board has the ordinance and the historic resources inventory, it can decide if it wants to proceed with it at all and what the process will be. Kline suggested that although it is not necessary, the BoS may want to ask the PC to hold the first public hearing - after giving notice to all the property owners who may be affected.

And, finally, Kline said that there is another tax assessment appeal in progress. This one is for a single family home on Newlins Road East. It is likely to have only a minor effect on the budget.

UNFINISHED BUSINESS

Tentative Adoption of 2010 Budget – as per calendar (Jim Farley, Finance Manager) - Farley said that there were three budget work sessions since the beginning of October. This budget has come together in a fairly easy first and second pass. There is a modest surplus from 2009 and no tax increase is needed for 2010. The Township is able to meet all obligations and to fund some capital improvement projects.

Farley asked the Board to tentatively adopt the 2010 budget as it stands and to to authorize advertising it in the newspaper as well as making it available at the office and on the Township website for public review - for the mandatory 20 day period. This will make it available for adoption at the December 17th BoS meeting.

Howell asked that an executive summary (for the public) be prepared to accompany the budget. Schnaedter said that he would put together a letter like last year's cover letter. Per Schnaedter, the Township finances are in much better shape than last year. He said, "It's a credit to the Board, to the staff, and all the hard work they did."

Egolf made a motion for the tentative adoption of the 2010 Forks Township budget. Chuss seconded and it passed 4:0.

NEW BUSINESS

None

Executive Session - There was an Executive Session for a litigation matter, a personnel issue, and a real estate matter. The Supervisors-elect attended.

Two motions were made, one to increase the DPW Director's annual vacation time from 80 hours to 120 hours and to increase the Finance Manager's vacation time from 108 hours to 120 hours. The other motion was to give the Township Manager a $200 monthly vehicle allowance. Both motions passed with 4:0 votes.

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.