BoS Meeting Notes - 4/15/2010

Regular Meeting - Agenda

At this meeting, Supervisors learned:

• The hope is that the new fire engine will be in service by Forks Community Days.
• The public works garage preliminary plan presentation before the Planning Commission is not far off.
• The Community Center website calendar now has content!
• Waste Management wants to hold its rate through August of 2011.
• The Forks Historical Society's (very attractive) photo display is now on view at the Community Center.
• The Kesslersville Road stormwater project may be one of the few in Northampton County to get FEMA funding. 
• Kimmel Bogrette may have some input into the amphitheater design. 
• Two tot lots were approved!
• And, Weis Market is on the move!

 Public Comments (non-agenda)

• Brett Morrow - Howe Street resident said that he was before Supervisors two or three years ago with a problem in his neighborhood - an Easton Auto Body flatbed truck parked on the street by renters. The truck was leaking oil.  The truck is now smaller and is parked on gravel behind the house.  He has a new problem now.  Next door neighbors for the last three weeks have two full sized mattresses leaning up against the house.  "The property is not maintained whatsoever."  There are three basketball hoops in the roadway.  Mr. Morrow reminded the newly elected Supervisors that a lot of them walked his street when they were trying to get elected.  He said that neighborhood property owners are proud of their properties.  Yet, some have erected fences "right on" property lines and he thinks there may be zoning violations.  "I am an attorney and will be a pain if I have to be."  His real question though was what steps can he and his neighbors take to correct the eyesore next door to 830 Howe Street.  He said it is affecting the value of all of the properties.  Chuss suggested that he speak with Zoning Officer Tim Weis and Township Manager Rick Schnaedter.  Chuss said, "If need be, we'll address it."  Morrow added that one of his neighbors with a basketball hoop is an Easton policeman and he was told to move his hoop off of the street. 

Supervisors Comments

• Supervisor Chuss welcomed all the EAHS students and told them that they will have to stay until the end of the meeting to get their papers signed.  He also said of the 2010 census that the PSATS (Pennsylvania State Association of Township Supervisors) response rate is up to 70%.  He requested that any who have not filled out their census forms please do since a lot of aid and decisions regarding voting are made based on the census.

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 outstanding debt is $11,428,627.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - reported that the committee met last night at 7:15 PM and covered quite a few things.  Chief Dorney said that they discussed National Night Out activities (for August) and concern over motorized scooters and young kids.  Information will be posted on the Township website.  Fire Chief Chapman said that the new fire engine begins production on 7/8/10 and the estimated completion date is 7/15/10.  He expects it to ship the beginning of August.  Chapman said that it should ship the first week of August and he hopes to have it in service in time for Forks Community Days. 
• Public Works - Supervisor Howell - reported that the committee meeting was cancelled because there were no significant pending matters for discussion.  He reported, too, that the Planning Commission (PC) saw a presentation of the public works garage conceptual plan - by Kimmel & Bogrette.  The process is still in progress and there are no major delays.  There are still some issues to be decided regarding the vegetative roof, the type of radiant heat, and etc.   The preliminary plan presentation to the PC is not far off.  The public will be alerted.
• Parks & Recreation - Supervisor Rogers - said that the committee met on April 7th and that Dan Martyak (president of FTYSO - Forks Township Youth Sports Organization) is working with Finance Manager Jim Farley to come to some agreement about an online signup tool for sports.  Also:
  • The walk around of the five acre parcel has been delayed since Martyak has been unable to schedule it with resident Eric Konecke.
  • Martyak reported that the FTAA (Forks Township Athletic Association) special liquor license was a "once and done" for the 250th celebration.
  • Martyak said that he is open to let BoS look at at the FTAA records at any time.
  • The Recreation Board reviewed their five year plan at their last monthly meeting.  A suggestion was made that the Recreation Board consult with the PC for feedback, ideas, and input.
  • Four minor changes to the Recreation Board Ordinance were made.  It is being typed and will be forwarded to Ed Moore of the Recreation Board.  Then it will be presented next month at the Parks & Recreation Standing Committee meeting.
  • The Community Center basketball season has ended.   It was the largest season ever - 30 teams.  Nine made it to the playoffs, four moved on to the semi-finals, and a girls team won a league championship.
  • Outdoor spring sports are now in session.  The Community Center will now start to host club sports such as AAU.  Rogers said that these sports are income producers.  There will be a summer basketball league from June through July - with 148 teams.  Last summer the Community Center "made about" $17,000 from the summer league.
  • Community Center coordinator, Don Miller wants some things considered re. Braden Park - a sand volley ball court, playground equipment, and the fee for the pavilion rental.  Schnaedter, Miller, and DPW Director Roberts are working on a proposal that includes placement, dimensions and costs.  The presentation target date is the May 6th BoS meeting. 
  • The Community Center website calendar will be updated with daily CC programs.  
  • The next meeting is Wednesday, May 5th at 6 PM in the Municipal Building.
• Community Relations - Supervisor Chuss - said that the committee met on April 12th.  The newsletter is out to homes.  The next target dates are 7/1/10 (with May 15th as the article deadline) and 9/1/10.  December 1st is the target date for distribution of a Township calendar and a new map.  Chuss said that the committee will meet with New Horizons, the Township website provider, at its May 10 meeting (4:30 PM) in the Municipal Building.  (Note:  The Township website designer is New Arrival Studios.)  They will be discussing potential enhancements to the website.  Chuss also reported that Mr. Brian Lokitus is the president of Forks Community Days.  Other officers have been appointed.  Lokitus is also the president of the Business and Commerce Association of Forks (BCAF).  Sponsors and donations are being solicited for Community Days.  The committee meets the third Monday of the month at 7 PM at the Community Center.  The Community Days event is scheduled for the second weekend after Labor Day.  Jack Fatzinger of Stockertown brought some of his art work for consideration by the Township.  It was discussed and will be "considered possibly in the future."  Tim Weis (Zoning Officer) is working on a welcome packet for new residents.  Schnaedter is recommending that it be submitted to a PSATS contest for welcome packets.  Schnaedter thinks it will probably be an award winner.  The Forks Arts Society met last night at the Community Center and fifteen people attended.  All were enthusiastic.  A draft mission statement and bylaws are being worked on (in order to establish it as a formal organization of Forks), and one member is creating a Facebook page.   Forks painter Charles Hanson showed some of his artwork.  Chuss said it was  impressive.  The next meeting is Wednesday, May 19th at 7:30.  Merrit Shuler (sic) will do a bonsai demo. 
• Finance & Administration - Supervisor Billings - said that the committee met yesterday at 6 PM.  Finance Manager Farley said they reviewed the 2008 Recreation Board audit.  It was received earlier this year from the auditors and it was deemed satisfactory with a few minor recommendations.  He is working with the Recreation Board to tighten controls.  Waste Management contacted the Township and said that it would like to hold last year's prices through August of 2011.  A final proposal will be sent to the Township sometime in May.  Billings said that the PEMA loan for the fire truck will be an agenda item next month.

Township Manager's Report - Schnaedter said that Supervisors have a copy of the $46,000 park planning grant application in their packets.  It is for the recreation land at Newlins and Richmond Roads and is a fifty percent match.  The needed resolution to go forward with the grant process was passed with a 5:0 vote.  Schnaedter also reported that the Forks Historical Society photo display is now on view at the Community Center.  He said that it is very attractive.  Lastly, Schnaedter said that the PSATS annual conference starts this Sunday.  Chuss and Billings may attend. 

Engineer's Report - Muller reported that the sanitary sewer draft specifications have been completed.  They have been delivered to DPW Director Roberts for review.  The Indian Trail grading and milling is now in design.  It has been reviewed and he and Roberts walked the site yesterday.  They will be trying not to touch curbing and inlets in order to save money.  The Sullivan Trail sanitary sewer is already in design.  He and Roberts have also walked it.  Some additional feet may need to be added to the project.  And, Muller reported that he spoke with FEMA and NORCO regarding the Kesslersville Road project.  It was applied for in 2008 and may be one of the few NORCO projects to get FEMA money.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

Resolution # 100415-1 Approval of Timothy Belon Inter-municipal Liquor License Transfer (Karl Kline, Solicitor) - Kline explained that there was an April 1st hearing with Mr. Timothy Belon for an inter-municipal liquor license transfer.  It used to be that in order to get a liquor license in a municipality, it had to be purchased from another establishment in that municipality.  The rules were changed a few years ago to allow buying one from another municipality on the condition that a public hearing be held. 

This license transfer was approved by the Board and the formal resolution is needed by Mr. Belon to send to the PA Liquor Control Board.  The license is from Danielsville and is being sold to Delaware Drive LLC, the sole owner and manager.  Because the ownership was not mentioned at the hearing, Mr. Belon needs to prepare a supplemental application for submission to the Township and needs to be present at tonight's meeting to answer any questions from the Board.  Kline said that he took the liberty of revising the resolution to the LLC.

Belon said that he was not aware of the regulations at the time of the application. 

Chuss asked if the only change is the name.  The answer was "yes."

Billings asked Kline if the liquor license will be owned by the LLC.  He answered that it would be and added that one never wants to own a liquor license individually because if there is a liability because of someone misusing the alcohol, the liability would be against the individual owner - who would stand to lose all of his/her personal assets.

Howell made the motion to approve.  Egolf seconded.  The vote was 5:0.

Municipal Amphitheater (Rick Schnaedter, Township Manager) - Schnaedter noted that the bids for the amphitheater were opened a few weeks ago and the low bid was Bracy Contracting at $360,000.  The item was tabled and he was asked to explore other alternatives.  He, Mark Roberts, and Tim Weis met with Recreation Resources, Inc. of Kennett Square, PA, the designers of this Kannopolis, NC bandshell installation.   They got prices for a downsized structure, a concrete pad, and the construction of the building.  They found that there are too many variables based on the information at hand.  The Township would also need an architect and engineer since this is beyond the scope of its personnel. 

Chuss asked if other companies do amphitheaters.  Schnaedter said that he was not aware of them. 

Billings asked the expiration date on the current bid.  Schnaedter said that the bid is good through 6/8/10.   Chuss said that he is supportive of the amphitheater but is sounding like a "broken record" because the costs are pushing up to $500,000 and he has trouble grasping anything over $300,000.

Chuss asked if the Board wants to do anything with the Bracy bid or if it has an alternative?

Howell said that Kimmel Bogrette is building a (probably) award winning public works building for Forks.  He suggested that Schnaedter sit with Kimmel Bogrette and show what we have and ask for alternatives in materials - and other ways to reduce construction costs based on our plans.  Howell added that Martin Kimmel, because of his current engagement with the Township, will likely be quite reasonably priced. 

Chuss said he thought it a viable alternative.  He also wondered whether or not the Planning Commission (PC) can help or if Township Engineer Scott Muller can help or if Schnaedter or Muller can inquire of PSATS (Pennsylvania State Association of Township Supervisors) since others may be building amphitheaters.   

Former Supervisor Bonnie Nicholas said that if the Modern Concrete panels are removed and replaced with brick, it will save money.  She thought a laid off brick layer could do the same thing. 

Schnaedter said that he will see Tim Edinger (formerly of CMX) this weekend and "will run it by him."

Mark Mulrine of Wagon Wheel Drive said that he is an advocate of band shells.  He asked if we had already spent $500,000 looking into this.  Chuss answered that we have spent $49,000.  Mr. Mulrine asked where the funds will come from and Schnaedter replied that developers have paid fees into a fund for recreation and leisure activities.  Mr. Mulrine wondered if the funds must be spent by a certain time?  Howell remarked that that is a very interesting question.  Mulrine asked, "What's the rush to spend an awful lot of money here?"  Chuss said that a year (and $50,000) has already been spent on it and that developers might ask for their money back if it isn't spent on recreation.  

Mr. Mulrine suggested using the City of Easton's amphitheater.  It is only used by the city three months of the year.  A lot of money could be more appropriately spent on year round things.  The City of Easton would probably be more than happy to rent it to Forks. 

Using the Eddyside pool as an example, Howell noted that it is a wonderful pool and if Forks builds one, it will be the death knell of Eddyside.  He said that he sits on a number of boards in Easton and "a large nut to crack is to get people from Forks and Palmer to come to Easton."  They don't.  The Easton amphitheater is wonderful asset that they choose to ignore.  Forks' amphitheater will be paid for in large part by local businesses. 

Mr. Mulrine asked who pays for the bands and the cleaning?  Chuss said that we have staff available for that and in addition the fledgling Forks Arts Society (now renamed the Forks Area Arts Society) will be finding acts for the amphitheater. 

Chuss said that the Nazareth bandshell feedback is positive.  This will bring more activities for the "age challenged" Forks residents.

Howell said that when it is built, "we must bring people to it."  He spoke with a Musicfest promoter who would like to have "a pay per view event" in the new amphitheater.

Egolf made a motion to give the Township Manager permission to continue researching the construction of an amphitheater to to get a report to the Board within a month.  Howell seconded.  The vote was 5:0.  Billings made a motion to table this action item.  It passed 5:0.

For more details, read Madeleine Mathias (Express-Times).

NEW BUSINESS

Weis Market – Approval and execution of developer’s agreement (Karl Kline, Solicitor) - Kline explained that on April 19, 2007 Weis Market got its final conditional plan approval.  There were a number of challenges by property owners - all of which were dismissed -  then there was a recession and a decline in the real estate market. 

Weis is now ready to move forward.  The land development improvement agreement is signed.  The Township has a certificate of liability insurance and the Letter or Credit has been received.  They are ready to proceed.  The last obstacle is the needed PennDOT highway occupancy permit (HOP) for the improvements to the intersection of Uhler and Sullivan.   According to Mr. O'Hara from Weis, they are prepared to move forward and expect to have the HOP in place in the next 30 days.  They are pursuing a parallel path by doing their drawings and engineering and getting their permits in line and hope to open for business in early February or March of 2011.

Chuss asked when the ground breaking will take place.  O'Hara said that they are prepared to start the site work when the final approval is in process - so it can start in the next month or so. 

Howell asked if there will be any issue regarding which road to use when doing the sitework, Ian or Braden?  They are required under the agreement to use Ian.  Kline noted that that is why Ian was not paved with a top coat and Braden was. 

Chuss remarked that it's great.

Howell observed that the Giant has awoken and prepared for competition.  Weis has a wonderful location and will attract lots of shoppers from the north, east, and west.  It will have gasoline.  He suggested an upscale wine and spirits store like the one on Route 248 for the 8,000 - 10,000 square feet of store to be built later. 

Howell moved to approve.  Egolf seconded and the vote was 5:0.

Read Madeleine Mathias (Express-Times) for more details.

Resolution # 100415-2 Dedication of Street - Creek Court – Estates at Bushkill Creek (Karl Kline, Solicitor) - Kline said that this subdivision off of Bushkill Drive has one street completed.  It was approved by the former Township Engineer.  Kline said that it is appropriate for the Board to officially accept it and to make it part of the Township street system.  The resolution was approved 5:0.

Approval for the Braden Airport and Vista Estates Park Equipment (David Billings, Supervisor) - Billings sought approval for play equipment at both Braden Park and Vista Estates.  He said that it is a continuation of the plan started by Howell and Egolf in 2008 and that it was reviewed by the Recreation Board.  Vista Estates petitioned the Board in 2008 and sent a letter of support from the residents and the neighborhood association. 

Chuss said that a recommendation by a subcommittee does not imply approval and that this is putting the cart before the horse.  He called it "premature at this time" since there is no way to know what is and isn't planned and the fate of the parkland at Richmond and Newlins is still unknown.  Also, the bikepath work is in progress.  He added that he is confused by the agenda topic and that it should be before the Parks & Recreation Standing Committee for recommendations. 

Billings said that this has gone through the process and that the Vista Estates tot lot will cost $14,000 out of the $1.3 million recreation fund - and it is highly appropriate to approve.

Howell said that Vista Estates park was part of the initial plan.  There were three parks planned, Vista, Penn's Ridge, and Ramblewood.  Ramblewood was abandoned and the money was donated to the Forks Elementary School park project.  The Recreation Board five year plan includes Vista Estates - it is to serve a dense community and take pressure off of the main Community Park.  When Braden Park was initially introduced, Don Miller was not in favor of it.  Now he wants it to supplement the facilities at Braden, a destination park.  In fact, he reports that the park is not "saleable" for large events because it has no play equipment and no volley ball court. 

Rogers asked if the Braden request was separate from the Miller/Roberts/Schnaedter effort or if it is to coincide with it. 

Chuss said that sand is not cheap and that volley ball courts require special sand.  He wants to know the costs before approval.  He said that he has been screaming for a five year plan from the Recreation Board.  The one they have is a draft.  He offered that it "bothers him badly" that the Vista Estates people will be screaming about the proximity of the Newlins Park.  He has no objection to Braden because it is an established park. 

Howell said that Vista also has a park, the baseball field, and no residents have complained about it.  What is intended to be installed is a 2-12 year old play area with a swing set - in a remote area.  The Township already knows the costs of every piece of apparatus that is to go there.  Howell has a seen a draft of the five year plan and it deals with macro issues like a field house and a bridge over Sullivan Trail.  Little kids get stuck in the bureaucracy of Boards of Supervisors.  He finished by saying that he does not want to push this recreation project into a "bureaucratic dust bin."

Cornelius Brons, president of the Vista Estates Homeowners Association, said that he promised the mothers in the neighborhood that he would look into asking about the park.  They want it.  There are many young families in Vista and the Remaly tract is not decided.  They want something for young children.  He noted that the "vibrations" are down on the DPW garage plans and that there is land on Crown Drive.  There is an adjoining Segal & Morel tract whose families may come up and use the Vista tot lot.  It will benefit three neighborhoods, Lafayette Estates, Segal & Morel and Vista Estates.  There are traffic issues with the ballpark - cars flying down Richmond Road and flying down Winchester - there are no stop signs.  Nothing stops traffic issues.  What Mr. Brons would like is a tot-lot in a secure area of the neighborhood where little kids don't have to cross the street.  Currently mothers are driving their kids to the school playground.

Chuss said that he wants everything to be in the Community Park because it is easier to police.  He said too, that he has had complaints about the Penn's Ridge park... "Why are they getting one.  I want one too.  I'm as far as they are." 

Billings made a motion to approve the Vista Estates play structure (for toddlers ages 5-12) and swing set (for toddlers ages 5-12) and, if possible, some benches and picnic tables - all capped at $15,000.  Egolf seconded.

Egolf noted in discussion that the problem is that the people who will use the equipment are not present.  If it were for sports, the auditorium would be full of coaches and commissioners.  There are no 5-10 year olds here.  He has been an advocate for kids and has been working on this for years.  In fact, he said he thought it a "no brainer - who would not want to spend some money out of a pot of nearly $2 million - for kids?"  From what he gathers sitting on the Board, there are very few people in Forks who think kids deserve swing sets.  If the location is wrong, move it.  It is not the astrodome - just a simple swing set for a bunch of kids who live in the community - no taxpayer money is being used.  He added that if there were a room full of kids here with their moms and dads, there would be a resounding "YES." 

Rogers said that her issue is not with children.  She just wanted to know if the two (Braden) issues are separate efforts of if they are going to be joined.  Howell noted that the motion is on Vista Estates.

Chuss remarked, "Ready, spend, plan is not fiscally responsible." 

The vote was 3:2 with Chuss and Rogers casting the nays.

Billings made a second motion to purchase a Braden play structure (for toddlers ages 5-12), a swing set (for toddlers ages 5-12), a seesaw, benches, charcoal grills, and a volley ball court with a cap at $25,000.   If more money is needed because of the volleyball court, the Board can be approached again.  Howell seconded.

Rogers asked if the efforts will be coordinated?  Billings replied that the current efforts would be leveraged. 

Chuss asks if $25,000 is enough.  Schnaedter said that there are some location concerns.  DPW Director Roberts offered that at Penn's Ridge there is a 45 x 90 foot safety zone.  Miller's plan will need some shifting. 

The vote was 4:1 with Chuss casting the nay.

For more, please read Madeleine Mathias (Express-Times).

Executive Session - There was an Executive Session to discuss potential litigation, potential acquisition of real estate, and litigation.  No action was taken during or after the executive session and the meeting was adjourned. 

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BoS Meeting Notes & Liquor License Public Hearing - 4/1/2010

Public Hearing - Inter-municipal Liquor License Transfer - 7:00 PM 

Solicitor Karl Kline explained that per PA law, receiving municipalities (of a transferring liquor license) must hold a public hearing.  This gives the Board of Supervisors and the public the opportunity to ask any questions.  During the regular meeting, the Board will vote on the application and the resulting decision, in the form of a resolution, will be sent to the PA Liquor Control Board.  The PA Liquor Control Board makes the ultimate determination on the transfer. 

The particular license that Mr. Timothy Belon is seeking to transfer, #E4075, is one for an "eating place retail dispenser."  He seeks to sell beer, both for consumption on the premises and "to go," at the AutoGrille, 1670 North Delaware Drive.  Supervisors must approve the transfer unless they determine that the use will have an adverse effect on the welfare, heath, peace, and morals of the municipality or its residents. 

Mr. Belon explained that he is seeking to expand his business and to satisfy those of his customers who travel back and forth from New Jersey.  They will now only have to make one stop for beer and cigarettes.  Cigarettes are cheaper in PA.

Kline asked if the license will be like the one Chubby's has.  Mr. Belon was not sure if it was the same type of license.  He said that the E-license allows the selling of beer and possibly wine coolers.   

Kline asked him to tell the Board about the AutoGrille.  Belon said that it is a convenience store and gas station and is open from 4:30 AM until 8 PM.  Howell asked what kind of food is sold there.  Belon said that he sells deli sandwiches like hoagies, cheesesteaks, chicken parmesan, etc. and some customers have requested breakfast.  Currently he has 10 seats but will expand to the 30 required by the license.  Customers cannot leave the premises (eg. to cross the street and look at the river) with an open container of beer.  It is a non-smoking establishment. 

Howell asked how much the license will cost and Belon said $43,000.  Howell reminded him that there are restrictions on advertising signs in the conservation district.  Kline said that any signs erected will be subject to the Township Zoning Ordinance.

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

Regular Meeting - Agenda

At this meeting, Supervisors:

• Approved the inter-municipal liquor license transfer for the AutoGrille on North Delaware Drive.
• Learned that Weis Market is nearer to breaking ground on its new Forks grocery at the intersection of Uhler Road and Sullivan Trail.  They called today for a construction package. 
• Were told that the Township was awarded $21,000 in an arbitration hearing against a property owner who refused to make agreed upon curbing and sidewalk improvements to his Zucksville Road property.
• Surprised the president of the FTYSO with the news that the organization has a special occasion liquor license. 

Approval of Minutes

The vote to approve the minutes from the March 18 meeting took a little time as Supervisor Rogers took exception to several items and offered corrections and revisions.  Supervisor Chuss also had some changes and Supervisor Egolf had a correction.

Public Comments (non-agenda)

• Bonnie Nicholas - resident and former Supervisor - asked the Board about the legal notice in the newspaper for the Airport Authority to get bids for replacing the fuel farm and other items at Braden Air Park.  She wondered if plans have been approved.  Engineer Scott Muller said that no plans have been approved and that anyone can get bids at anytime for anything. 
• Dan Martyak - resident and FTYSO (Forks Township Youth Sports Association a.k.a. Forks Township Athletic Association - a.k.a. FTAA) president - thanked the parks department for getting "everything in terrific shape..." and he 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 783 Forks kids are signed up for spring sports - 85 for cheering, 253 for softball, 375 for baseball, and 70 for lacrosse.  The medical kits have been replenished at a cost of $700.  There are between 50 and 60 kits between softball and baseball and annually $1,000 is spent on them.  The scholarship application deadline is this week, they will be reviewed the week of April 12th, and the awards will be made at the May meeting.  Danish and coffee will be served.  The FTYSO awards up to $6,000 a year in scholarships.   

Howell asked if he will give a report at every BoS meeting or if he (Howell) should reserve questions for another part of the meeting.  Mr. Martyak said that he didn't know if someone would come to every meeting. 

Supervisors Comments

• Supervisor Howell said that the Board learned earlier this night that the FTAA owns a special occasion liquor license.  Martyak didn't know about it.  He thought it might have been from the 250th celebration.  The license is currently inactive and held in custody by the PA Liquor Control Board.  Solicitor Kline said it is license #SO7600.  Billings asked if it has any value?  Kline said that if it does, it is probably quite limited. 

Egolf noted that the Community Fire Company has one also.  Chief Chapman said that it is a special event license and that it is only available for 501(c)(3) organizations and can only be for a set period of time. 

Howell said that he has been reviewing the Recreation Board bylaws and the establishing ordinance so that he can pick out the best portions of the process.  He asked Martyak if he has had a chance to look at them.  When Martyak said that he hasn't seen the originals, Howell offered to forward copies to him and asked that he let him know if there is anything he wants to add or delete or if he has opinions to offer.  Howell said that he assumes other Supervisors are also reviewing the documents. 

Of the two Township budgeted subsidies for recreation, neither are shown in the FTAA 990 Federal return for 2008.  Martyak said that the FTYSO "does not get one penny from the Recreation Board."  They submit their budget to the Recreation Board.   It asks for funds from the Township and then purchases the budgeted items.  Thus, the Township funds the umpires, bats, ball, uniforms, etc. and since FTYSO gets no money it does not report it.  "It is all done by the Rec Board treasurer."  Martyak said, "You guys fund the sports program.  I don't report it as income."  Declared on the Federal 990 are the results of fundraising, dances, etc. 

Martyak offered to take it up with Finance Manager Farley.  Howell said that he will talk with Farley.  He would like a copy of the 2009 990 filing.  Martyak offered a sit-down to address other questions with the group's accountant and auditor. 

Egolf said that last year he and Supervisor Nicholas worked on the FTAA finances.  They met with Martyak, the FTAA treasurer, and the Recreation Board officers and came to very good conclusions about the distribution of funds - that is, where the money goes and how it is handled.  They made important inroads and got everyone together for good dialogues. 

Treasurer's Report - Egolf began by welcoming the 10 students from EAHS who were in attendance for course work.  He told them that the Township total outstanding debt is $11,429,844 and as they leave, they should make a donation... whatever they can afford... and drop it in the wagon in the lobby.  We would like to fill the wagon.  Of course, today is "April Fools Day." 

Egolf then detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote. 

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that the next meeting will be on Wednesday, April 14th at 7:15 PM in the Municipal Building meeting room. 
• Public Works - Supervisor Howell - reported that the April 8th Planning Commission agenda will include a presentation of the preliminary plan of the new Forks public works garage.  Members of the community are welcome to come.  It is the first step in the process to get final approvals. 
• 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.  Howell asked Rogers if she had anything on the five year plan.  Rogers said that the Recreation Board will provide the plan at the April 7th meeting.  Howell asked if the Recreation Board has started its deliberations on the (establishing) ordinance.  Rogers said, "I believe so."  Howell asked if she would have a report on that at the meeting.
• Community Relations - Supervisor Chuss - said that there has been no meeting since the last BoS meeting.  The next is scheduled for April 5th at 4:30 in the Municipal Building.  He added that his art society second meeting will be on April 14th at 7 PM in the Community Center.  The group has picked up a few more people and has about twenty so far.  He said that it is growing and more may sign up in the near future.
• Finance & Administration - Supervisor Billings - said that the next meeting will be on Wednesday, April 14th at 6 PM.

Township Manager's Report - Schnaedter was absent.  Chuss filled in and reported that Schnaedter is still looking at alternative amphitheater bids and he should have information for the Board at the next meeting.  There are some issues regarding the storage of public works equipment which will be discussed by the next meeting.

Engineer's Report - Muller reported that he has been working with the DPW on two projects - the Indian Trail intersection milling and regrading and fixing some of the grading problems from Old Mill to Knox Avenue to Indian Trail to Apple Blossom. 

The engineer will be out resurveying the Sullivan Trail sanitary sewer line replacement at Meco.  They are also working on sanitary sewer specifications and details.  Currently the Township has none. 

Muller had nothing to report on the Meco/Sullivan signal.  He was at PennDOT today for a couple of things (one was Strausser) but they had nothing new on the signal.  Egolf said that the Township was paying a Benchmark bill today earmarked "Meco."

Billings, in reference to Braden Airpark, asked if it is customary for bids to be sought before projects are approved.  Muller said that bids give an idea of of what to look at in forecasting pricing.  The bids that they get are only good for 30 days.  Billings said that he just wants to make sure that they are not being presumptuous.  Muller said that the sanitary line is in the spec because the Township required it.  As far as he can tell, they are just getting prices. 

Billings asked Zoning Officer Weis what the status on the Weis Market and was told that they called today for a construction package.  "They are ready to start."  Weis said that if everything goes well, the permits will be issued within 30 days.  Kline offered that he and Weis Market have been going back and forth with minor changes to the land development improvement agreement.  A draft of the letter of credit from their bank has been received (by Kline) and a form of it has been approved.  He does not have a signed agreement and he does not have a letter of credit.  And, Weis Market still needs a final sign-off from PennDOT for the highway occupancy permit (HOP) for the improvements at Sullivan Trail and Uhler Road.  Weis Market needed rights-of-way from the Airport Authority, adjoining property to the north east, and from the Township.  The Township's was acquired some time ago at no cost (from other developers as they came into the area.) 

Ms. Nicholas asked if anything is being looked into for "sewer b?"  She said that her neighbors have asked her.  DPW Director Roberts replied that it will be worked on this year. 

Solicitor's Report - Kline - reported that the closing on the Panzini property at 708 Zucksville Road was last week and that the closing on the bond issue was held on March 23rd; the Township has all the proceeds from it.  Also, Kline reported on a small, two lot subdivision on the north side of Zucksville Road that contained promised improvements for curbing/sidewalks as a plan note - should the lot be built.  The lot was sold and the new owner did not do any of the work.  The Township tried to get them to voluntarily comply.  They didn't.  Kline said that Township then filed suit against the property owner.  It went to an arbitration hearing.  The $21,000 verdict was against the property owner.  Attorney Goudsouzian handled the case at arbitration.  Testifying for the Township were Mark Roberts, Tim Weis, and Fred Hay.  Weis said that all the work has been completed by the Township and now the Township needs restitution. 

UNFINISHED BUSINESS

None - Chuss told the students that this is the part where they are not supposed to leave.  His daughter and her classmates left. 

NEW BUSINESS

Liquor License – Timothy Belon – 1670 N. Delaware Dr. - Auto Grille (Karl Kline, Solicitor) - Kline explained that a public hearing was held at 7 PM for the inter-municipal transfer of license #E4075.  It is for an "eating place retail dispenser" and is sought for use at the AutoGrille on North Delaware Drive.  At the hearing, Mr. Belon presented his reasons for wanting the liquor license, the scheduled hours, and answered Supervisors' questions.  

Although the PA Liquor Control Board has the final say, the Board of Supervisors must make a recommendation.  The standard is whether or not the license will adversely impact the welfare, heath, peace, and morals of the municipality or its residents.

The motion to recommend was made by Billings and seconded by Egolf.  There was no discussion.  The motion passed 5:0.  

Kline will have a formal resolution for signature at the next meeting.  A copy will be sent to Mr. Belon.

Resolution # 100401-1 – Acceptance of Open Space in Penn’s Ridge PRD (Karl Kline, Solicitor) - Kline said that when the Penns Ridge PRD (Planned Residential Development) was approved there was discussion about open space and the extension of Kesslersville Road which included a recreation path (on its south side) to Bushkill Drive. 

Originally the thinking was that the users of the recreation path could cross Bushkill Drive and get on the iron bridge and then onto the Palmer recreation path.  There will be a convenience store on Bushkill at the Kesslersville intersection.  PennDOT, however, wants the crossing to the north.   Now the question is how to get people safely to the other side. 

Kline said, "There is a considerable amount of land there, all in the flood plain and all owned by the developer."  Penn's Ridge has offered a deed of dedication for lot 388 (over 3 acres) so that the Township can put in a path so that people can safely get to the iron bridge.  Kline recommends that the Board accept the deed of dedication.

Egolf made a motion to accept the resolution.  Billings seconded.  Howell asked Kline if the land gift was not in lieu of something else and Kline replied that it is free and clear fee simple.  The Township will own the land going forward.  Zoning Officer Weis offered that the development is currently in phase 14 (of the homes) and that the last phase is commercial. 

The resolution was accepted with a 5:0 vote.

Resolution # 100401-2 – Authorization of Warrantless Arrest in Certain Summary Cases (Karl Kline, Solicitor/Greg Dorney, Chief of Police) - Kline explained that under the PA Crimes Code, municipal police officers are allowed to make certain arrests without a warrant provided the municipality allows it and sets standards.  The resolution details the particular summary offenses that qualify - disorderly conduct, public drunkenness, obstructing highways and other public passages, and the purchase/consumption/transportation of alcoholic beverages.  The officer must determine the probability for potential harm to another person or to public/private property. 

Kline said that this "came to light" when Chief Dorney was going through paperwork involving National Accreditation.   And, although the Township has something like this in the police department standard operating procedures (approved by the Board), Chief Dorney thought it better to have a separate resolution.

Normally summary offenses get citations.  This is for things that continue when the officer arrives on the scene and where the officer must take physical action (hand cuffs) to stop it. 

Kline noted that the language in section one is almost verbatim from the PA Crimes Code.

Chief Dorney added that this resolution makes sure that Forks is in compliance with State law and is up-to-date with current language. 

Howell made a motion to accept the resolution and Egolf seconded.

The vote was 5:0 in favor of the resolution.

For more details, see Madeleine Mathias (Express Times.)

Second Strategic Plan (Meyner Center - Lafayette College) (Bob Egolf, Supervisor) - Egolf noted that this was the second strategic plan developed with the Meyner Center of Lafayette College.  The meeting was held on the evening of February 8th with the Board and the Township's management team. 

Before the Board tonight was the printed document enumerating management's 17 2010 goals.  They represent every aspect of the Township, every department, and administrative staff.  Egolf made a motion to officially adopt the Forks Township Strategic Plan - with a corrected copy by next meeting.  Billings seconded and the plan was adopted with a 5:0 vote. 

For more details, see Madeleine Mathias (Express Times.)

Extra - Chuss asked about the public works equipment in storage.  Weis said that he has negotiated a contract and he now has three contracts.  The space is only needed until the new public works building is completed.  Kline will review the new Baurkot agreement.  The Township got the space rent free the first year. 

Egolf made a motion that the Township enter into a yearly renewable rental agreement with Baurkot for $400/month.  It will be reviewed by Kline.  Billings seconded.  The vote was 5:0.

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

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

BoS Meeting Notes - 11/5/09

Regular Meeting (agenda)

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

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

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

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

Public Comments (non-agenda) -

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

Supervisors' Remarks: 

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

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

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

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

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

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

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

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

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

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

Hay also said that Winchester Drive is finally paved. 

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

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

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

UNFINISHED BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NEW BUSINESS

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

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

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

BoS Meeting 4/3/08

Regular Meeting (agenda)

The Supervisors devoted over an hour to hearing the Forks EMS and Suburban EMS discussion of how much is owed to Suburban and the plan the two groups may work out to make it right.  Please read the EMS articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call) and, for notes on the rest of the meeting, see below.

Supervisors' Comments

Supervisor Chuss gave an update on the Comprehensive Plan progress.  He said that the Planning Commission (PC) will review the input from the public hearing, including the Ramblewood extension, at their workshop on April 22.  After the PC review, the plan will be sent to the Lehigh Valley Planning Commission for review and comment and that it will likely be before the Board of Supervisors (BoS) in May. 

Chuss noted that the Comp Plan mentions using the Real Estate Transfer Tax (RETT) to fund farmland preservation.  He suggested that it be put on the ballot in November.  He said that if the BoS agrees, the PC can address the issue and Kline can be asked to develop the steps necessary to get it on the ballot.  Planner Georgeann Wambold said that it is important and that most of those at the PC hearing thought it (the RETT) a good idea.  Chuss offered that another alternative, a 1/4% addition to the Earned Income Tax (EIT), is not a good thing to do in view of the tax pressures on residents. 

Planner David Billings said that (increasing the RETT to fund open space) is not a PC issue.  He recommended that the BoS pass a resolution this night or at least have Kline advise them on what to do.  Supervisor Howell suggested that it be given to the Finance and Administration standing committee for review so that they can iron down the best way to do it, settle on a rate, get advice from Kline on matters that might be part of the enactment, and make a recommendation to the BoS. 

Supervisor Egolf said that the next committee meeting is set for April 23 and he wondered about the time constraints.  Billings said that the Board of Elections told him that the Township has until three weeks before the (November) election to get it on the ballot.  Billings also said that the maximums allowed by law are .25% for the RETT, .25% for the EIT, and 2 mils for the Real Estate Tax.

Chuss noted that he wants it to go back to the PC because it is in the overall plan.  Howell said that it is a tax and not a planning issue.  Howell added that the PC can be advised that it's in committee and that they can join in their discussion.  And, as a tax, the BoS can probably "fast-track" it. 

Solicitor Kline noted that there are several kinds of taxes that can be used, the RETT, millage, and the EIT and that each have different impacts.  He said that this is a policy issue and someone has to decide which is the appropriate tax.  Howell said that after the BoS decides, a public workshop can be held by the PC or the Finance & Administration committee.

Township Manager Schnaedter suggested that if it goes first to the Finance & Administration committee, staff will have time to do research and project revenues for each of the options. Supervisor Nicholas said that she would like (Finance Manager) Jim (Farley) to look into it. 

The motion "to have the Finance & Administration committee investigate and draft a referendum for the November election that would look into developing a farmland preservation fund using RETT (for an example)" was initiated by Chuss and seconded by Egolf.  It passed 5:0.

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. Current outstanding debt is $7,893,692.

Chuss asked about the Traffic Study expense item ($45,782) and was told by Schnaedter that this was an ongoing traffic study that is now completed.  Chuss asked if there would be a new report in the future and Schnaedter said that there would be one.

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

• Public Safety - Supervisor Chuss - reported:
  • The Police Department (PD) has received plans/prices for the modular furniture.  He said that the furniture will cost $18,000 and that there is $45,000 in the budget.  Schnaedter and the police department will prepare a report for the BoS.
  • The county installed repeater has offered some improvement for the communications issue but the issue may have to be revisited if the improvement is not sufficient.
  • Four bids were received for the  Fire Department training tower.  Three of the bids are under $350,000.  At the April 15 committee meeting (5 PM) the preferred bidder will be selected.
  • Richard Bassett (Forks' Emergency Management Coordinator) is reviewing Forks plan/procedures and will have a new draft in May.  He will keep them in sync with the new plan being drafted by Northampton County.
  • A RFP (Request for Purchase) - for analysis of cameras & CCTV for the entire complex to see which need to be moved/relocated and which need to be replaced - needs some language from Kline.  Resident Jim Wideman asked, "Who will pay for the new cameras?"  Howell explained that the analysis is of the entire municipal campus and it will suggest reallocation and/or additional equipment.  Nicholas suggested a BoS tour to see how the cameras work and what areas are covered.
• Public Works - Supervisor Miller - said that the next meeting is next Tuesday.
• Parks & Recreation - Supervisor Howell - reported that the committee's agenda is getting significant and that one meeting per month is not enough.  A second meeting will be held on the second Thursday at 4 PM (in addition to the regular meeting on the fourth Thursday at 4 PM).  Among the significant items being discussed are:
  • The access road at Gollub Park - construction is underway despite the rain and mud delays.  The path has been "etched in the forest."  Park use has been prohibited until the major foundation of the road is in place.  The crews will work on it until it is finished and there will be additional landscaping (and amenities such as benches) at the entrance. 
  • Miller and (DPW Manager) Roberts are conducting a survey of all parks and parks equipment - including toddler lots.
  • Up for future discussion are:
    • Satellite neighborhood parks - two sites are under consideration, the baseball park near Vista Estates and Penn's Ridge - one of the most densely populated developments in the township has no recreational facility.
    • A dog park at Lafayette Park.
    • Restroom facilities where required.
    • Amphitheater - the most significant project this year.
  • There are two major repairs to be done - the tennis and basketball courts - both are cracked and both are expensive to repair.  The decision to be made is whether to replace, reallocate, or repair them.
• Community Relations - Supervisor Nicholas - said that the next meeting is on April 14 at 6 PM.  Nicholas announced that the newest Forks Quarterly is in the mail to residents.
• Finance and Administration - Supervisor Egolf - reported that the next meeting is scheduled for April 23 at 5 PM.  It will continue until they are finished.  On the agenda is the newly added farmland preservation referendum and the financial review of the 2007 budget.
  • Demo of New Audio Visual Equipment by Zoning Officer Tim Weis - Weis put the new smart board through its paces.  Supervisors were able to see the plans and annotations on the monitors in front of them.  The  audience was able to see the what the Supervisors were seeing too, on the large white board.  Future plans presented to the Township will be displayed in this new digital format.  

Township Manager's Report - Schnaedter - reported that two years ago, when Tim Weis was the Emergency Management Coordinator, he (Weis) submitted an application for a hazard mitigation grant.  Funding has been granted for flooding remediation to the 3000-3900 block of Kesslersville Road.  The project will involve elevating the roadway and adding a culvert.  It will cost $250,000 and the grant will fund 75% of it.

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - reported on three of the current litigations against the Township:

1. Weis litigation - Kline said that last month Judge McFadden (of the Northampton County Court of Common Pleas) upheld the Township's granting of Conditional Use for the Weis Market.  Scott Gingold and the Residents Who Care (RWC) group have filed a new appeal - to the Commonwealth Court.  This could hold up the project for up to a year.  Weis Market's attorney is considering filing a petition (to the lower court) to force the appellants to post a delay bond - for the delay and for the increased construction costs over the year.  The bond may be for several hundred thousand dollars.  If the court deems that there is no really good reason for the new appeal (to the Commonwealth Court), it can require the bond - which, if the appellants lose, will be paid to Weis Market. - (Note:  see JD Malone 4/7/08 Express Times for more)
2. KMRD procedural challenge - On March 24th, in a unanimous decision, the Forks Zoning Hearing Board (ZHB) rejected the KMRD procedural challenge.  A written decision is being prepared.  Originally KMRD alleged that there were 18 defects in the process for the 2006 Zoning Ordinance.  At the first hearing session, KMRD's attorney dropped 17 of them. 
3. Kings Farm subdivision - This plan was filed under the 2001 zoning ordinance by Dennis Benner, Nic Zawarski & Sons, and JT Maloney/Signature Homes.  The developers didn't really do any work to establish that there could be viable on lot septic systems for their site and after many time extensions, the Township rejected the plan.  On April 1, Judge Beltrami upheld the Township decision (large file).

Kline said that the litigation with KMRD is now entering its third year.  Originally he predicted that the KMRD zoning challenge (the ongoing one) might last five years.  He said that at this point, he predicts that it will last at least five years, if not several years more than that. 

"These KMRD cases show that when greedy developers try to force Forks Township to change its zoning to accommodate several thousand more houses in the Farmland Protection District, the Township is going to fight them every step of the way."  (Karl Kline.)  From the audience, "Here here!" and applause!

Kline went on to say that so far, "The ZHB and the Court of Common Pleas of Northampton County have supported and upheld all of Forks Township's decisions in all of the KMRD litigation and all of the Weis Market litigation."

Howell said that the Township is deeply indebted to Solicitor Kline and to attorney Steven N. Goudsouzian for the fine representation they have offered and continue to offer to the Township.

Comments from the floor:

• David Billings - said that he had intended to ask the BoS to adopt a resolution for an additional .25% increase to the RETT to help pay for farmland preservation but it was discussed at the beginning of the meeting.  He thanked Chuss for introducing it and the BoS for acting on it. 
• Gregory DiNardo - said that his business, a mixed use office, warehouse, and construction operation, at 1500 Uhler Road was included in the Heritage Corridor District when the Township re-zoned ten years ago.  He would like it to be in the EC (Economic Center) District.  Howell suggested that he put his ideas in writing and present them to the PC at their April 22nd workshop where the PC will be discussing the Comprehensive Plan and public input from the hearing.

UNFINISHED BUSINESS

Administrative Policy - Legal and Engineering Services (Rick Schnaedter, Township Manager) - Schnaedter said that a draft from the (Finance & Administration) committee  was in the BoS packets for consideration.  He said that basically it sets guidelines for the engagement of engineering and legal services for the members of the BoS, staff, and various Township committees.  Howell asked what the goal was.  Schnaedter explained that the policy is driven by economics and efficiency and is an attempt to eliminate repetition of effort by the various members of boards and committees.  Miller motioned to adopt the policy and Nicholas seconded.  The new policy passed unanimously. 

NEW BUSINESS

Economic & Development Committee Proposal to Transfer to Finance & Administration Committee for Study (C. David Howell, Supervisor) - Howell reported that he asked Egolf at the last Finance & Administration committee meeting to distribute this proposal to the committee members.  Howell said that it has been on his shelf for a number of months.  The proposal is regarding the establishment of an Economic & Development Committee.  Egolf thought that the BoS should be advised that the proposal has been made and that the BoS should be asked to reassign it to the committee for further study. 

Howell read a one page summary of the proposal.  He said that it is time that the BoS take a leadership role in the development of Forks.  Forks is feeling the financial impact of the slowing of residential development (fees paid by residential developers have declined significantly).  Forks has a an inventory of prime commercial property and Howell said that commercial development is the most attractive tax base that a community can have.  Commercial development does not fill the schools with kids and does not require the infrastructure and service levels that residential development requires. 

The mission would be to develop policies and initiatives (approved by the BoS) to promote and maintain commercial investment within the Town Center (TC) and EC Districts.  The committee would strive for a friendly and mutually beneficial environment between local government and the business community.  The committee would be composed of representatives of/from the BoS, staff, and representatives of the business community.

The motion to reassign this to the Finance and Administration committee was made by Howell and seconded by Chuss.  In discussion, Chuss said that he's been involved with economic development in Forks since 1993.  He was a member of that year's Comp Plan subcommittee and was active on the economic subcommittee for the new Comp Plan.  Chuss said that he believes there will be more support from the business community than expected and that the business community will really appreciate "something like this."

The motion passed unanimously. 

Sullivan Trail Business Park - Daycare & Office Buildings (Tim Weis, Zoning Officer) - The presenter, Jeff Ott of Ott Consulting, Inc. was the first non-staff person to use the new audio/visual digital equipment. 

The project is a minor subdivision of lot 5 in the Sullivan Trail Business Park, west of the Merchants Bank.  The developer wants to make two lots from one - 5A and 5B.  Lot 5A will house a 10,000 sq. ft. office building and lot 5B is for a branch of Kiddie Academy.  In order to reduce property taxes (and other costs), the lot division will be asymmetrical with more land going to lot 5B (in a flag lot shape) - that land is behind 5A. 

For Kiddie Academy, 42 two parking spaces will be paved and 42 will be unpaved but reserved for future parking should it be needed.  The land for the reserved parking will belong to the newly created lot 5B.  Kline stated that the ordinance requires that additional space be reserved so that it can be built when needed.  He said too, that the issue also involves a cross easement for the full movement driveway. 

Nicholas asked the obvious question:  What will happen if the daycare is no longer there?  Kline replied that the easements must be permanent easements.  Kline also said that the there should be enough security to put in the (reserved) parking and if a new company comes in, it will be a new use.  There was much discussion about sidewalks, detention basins, plantings, etc.

Kline offered that the main issues before the BoS are that this is a minor subdivision and that currently, the municipal improvements to the Sullivan Trail Business Park are not completed.  He said that the project cannot proceed until the developer completes the improvements and that in consideration of the land development for the daycare, permanent easements for the driveway and the reserved parking area must be obtained.  No development can be permitted on the reserved parking area and the Township can require security for up to one year after issuing the certificate of occupancy (CO).  The development must be in compliance with Keystone Engineering's letter and all fees must be paid before any building permits can be issued.

The developer's attorney, Terry Faul, said that the developer, Michael Goffredo, prefers to extend the letter of credit (LC) until the road top coating is completed and that will be after the Weis Market is built. 

Goffredo began site work on the Sullivan Trail Business Park in 2001.  The detention pond is not completed.  Kline suggested that the developer pay the Township to put in the "wearing course" (road surface) and other necessary site improvements.  In response, the Faul said regarding the detention pond dispute, that it was installed according to plan and that settling occurred.  He acknowledged that the settling must be repaired.  Hay said that the there were no low flow channel dimensions on the plan.  Goffredo said that he will get in there as soon as possible to make improvements to the channel.  The weather has been a factor.  He added that the tree plantings should be in by the middle of May (except on the Weis Market site).  The absence of installed street lights is a PennDOT delay as PennDOT must erect the standards. 

Kline remarked that the developer has sold almost all of the lots and that the uncompleted work is disturbing.  The fact that it is a preliminary plan gives time for Hay to work with the developer to insure that things get done before final plan comes back before the PC and ultimately back to the BoS for final approvals. 

Four motions were made by the BoS and all were approved unanimously:

1. To approve the waivers as set forth in the Keystone letter of 3/7/2008. 
2. Recommending preliminary approval of the minor subdivision (of lot 5 into lots 5A and 5B) subject to the condition that the subdivision plan cannot be recorded until all improvements in the existing Sullivan Trail Business Park are complete as determined by the Township Engineer - with the exception of the "wearing course" for which the developer will pay the cost to the Township as determined by the Township Engineer.  
3. Recommending conditional preliminary plan approval of the daycare land development plan subject to the following conditions: 
   1. The developer will have to obtain the permanent easements from the owner of lot 5A for the main driveway and the reserve parking area.  Proof will need to be provided to the Township Solicitor. 
   2. As to the reserved parking area at the southeast portion of lot 5a, this shall initially be a grassed area and development is not permitted on this area.  If the Township subsequently requires the reserved area for parking as part of lot 5B, then this would have to be constructed and plan note to this effect must be placed on final plan. 
   3. No building permit would be allowed to be issued for 5B until all of the subdivision improvements for Sullivan Trail Business Park have been completed as determined by the Township Engineer (except the wearing course paving).  
   4. Compliance with all the terms and conditions set forth in the review letter by Keystone Consulting Engineers.  That would also include the standard rates for the recreation fees, capital improvement fees, and the sewer tap-in fee for commercial land development. 
4. Recommending conditional preliminary plan approval of lot 5B, office building development.  Conditions of approval (are similar to 5A):
   1. The developer will have to provide the cross easements to the owner of lot 5A for the driveway and reserved parking):
   2. (Reserved parking area will) Initially be a grassed area.  Development will not be permitted on that parking area (plan note to that effect).
   3. The developer is not entitled to be issued a building permit for the office until all the improvements for the Sullivan Trail Business Park have been completed as determined by the Forks Township Engineer - taking out the paving.
   4. Compliance with all the terms and conditions set forth in the review letter by Keystone Consulting Engineers including the standard capital improvement fee, the rec fee, and the tap-in fee.

Animal Control Officer - change in Compensation (Rick Schnaedter, Township Manager) - Tabled because DPW Director Mark Roberts was absent.

Forks EMS Billing Issue (Erik Chuss, Supervisor) - One full hour was devoted to the Forks EMS and Suburban EMS billing issues discussion.  Before the Board, the two EMS groups to agreed to work out a plan where Forks EMS will pay Suburban $10,000 of the $27,000 it owes and where Suburban may then take over the billings for ambulance services. If agreed, Suburban would not withhold a portion of monies due Forks EMS (to collect on the outstanding debt), but would pay them what is due them for services.  Forks EMS would repay Suburban the outstanding debt over time but stay current on current billings.

Per Medicare rules, only one ambulance invoice is allowed, no matter whether the service needed is BLS (Forks EMS is the Township's basic life support service provider and Suburban is the advanced life support provider) or ALS or a combination of the two. To date, Forks EMS has done the billing and failed to pay Suburban for its provided ALS services.  For more details on the EMS discussion, read both JD Malone (Express Times) and Madeleine Mathias (Morning Call).

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.