BoS Meeting Notes - 1/21/2010

Recreation Board Interviews & Appointments - 6:00 PM

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

Regular Meeting - Agenda

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

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

Public Comments (non-agenda) - none

Supervisors Comments 

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

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

Standing Committee Reports:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

UNFINISHED BUSINESS

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

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

NEW BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Please read Tony Nauroth (Express Times) for more.

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

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

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

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

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

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

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

The motion passed 5:0.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

KMRD appeals Commonwealth Court ruling - Procedural Challenge

KMRD has filed an appeal of the Commonwealth Court ruling last December that upheld the Northampton Court of Common Pleas decision that upheld Forks Zoning Hearing Board's decision - in the KMRD Procedural Challenge.  This is the challenge that originally alleged that Forks did not follow proper procedures in adopting its zoning ordinances - all the way back to 1983 and therefore they should all be thrown out and KMRD should be allowed to build under 1983 rules.

KMRD had 30 days from the December 21, 2009 ruling to file their appeal to the PA Supreme Court.  There is no guarantee that the court will agree to hear the case.

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

BoS Meeting Notes - 12/17/2009

Regular Meeting (agenda)

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

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

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

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

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

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

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

Public Comments (non-agenda) -

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

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

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

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

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

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

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

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

Supervisors' Remarks:

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

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

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

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

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

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

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

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

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

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

UNFINISHED BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

NEW BUSINESS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Commonwealth Court says "no" to KMRD's procedural challenge

From the FAC website:  On December 21, 2009, the PA Commonwealth Court validated Forks Zoning Hearing Board's decision in favor the of the Township and against KMRD in its procedural challenge of Forks zoning ordinances.  

It remains to be seen if KMRD will pursue the challenge to the next level, the State Supreme Court, and if it does, whether or not the Supreme Court will agree to hear the case.

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

KMRD Oral Arguments Monday, November 9 - in Philadelphia

The KMRD LP v. Forks Township oral arguments (in the procedural challenge) will be heard before the Commonwealth Court in Philadelphia at 1:30 PM, November 9th.  They will take place in the Widener Building, Courtroom 2.

BoS Meeting Notes - 6/4/2009

Regular Meeting (agenda)

This, the first regular BoS meeting for the month of June and was attended by Supervisor Chairman Howell and Supervisors Chuss, Egolf, Miller and Nicholas.  

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

Public Comments (non-agenda) 

• Larry Schneider, representing District Fourteen of the Lions Club, addressed the board regarding efforts to re-establish a Lions Club in Forks Township. He was very optimistic that a club will be established this year and asked for support from the board and the Forks business community. He asked for ideas regarding civic projects the local Lions Club could support. Chairman Howell suggested the adoption of the Lions Park along Bushkill Drive in the Township, which a former Loins Club helped to establish. 

Supervisors' Comments

• Supervisor Egolf thanked Mark Roberts, Public Works Director for his great efforts in developing his department’s five-year plan. 

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $8,309,020. 

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 May meeting had to be canceled. The next meeting is scheduled for 6/21/09 at 8:00 AM.
• Public Works - Supervisor Chuss - reported that the next meeting is 6/9/09 at 7:30 AM.
• Parks & Recreation - Supervisor Egolf - said that the Penn's Ridge neighborhood park is slated to be installed next week pending good weather. The site will be excavated and that playground certified mulch would be installed. The next meeting is 6/8/09 at 6 PM.
• Community Relations - Supervisor Miller - reported that the next meeting is 6/8/09 at 5:00 PM.
• Finance and Administration - Supervisor Nicholas - reported that the next meeting is 6/10/09 at 5:00 PM.

Township Manager's Report - Schnaedter - reported that the staff is making good progress with the 2009 Strategic Plan and various projects are now underway.  Schnaedter reviewed a citizen concern about a late SEMS response.  He reported that an investigation was ongoing.   He informed the Board that the computer-aided dispatch was down.  Suburban EMS has been made aware of the concern and will review the matter.  Chief Dorney, FTPD, remarked that the response times for Suburban have been good recently. On another matter, Staff has met with Palmer Township regarding mutual concerns about safety and signage in areas along Bushkill Drive where the two townships' respective recreation paths connect.

Engineer's Report - Hay - reported that he has spoken with a construction company about site grading for the five-acre parcel west of the community park, which is planned for sports fields.  He thought that the cost of the contemplated grading would exceed $10,000.00 and would be more likely at $20,000.00.  In addition, he is working on the stop sign citizen concern around Meco and Winchester.  Also, the estimates for basketball court resurfacing in the community park are in process.  Hay will report on these items at the next meeting.  Lastly, he will email the grading plan of the five-acre site shortly.   

Solicitor's Report - Assistant Solicitor Steven Goudsouzian - reported to the Board in the absence of Mr. Kline. He stated that the litigation against developer Gary Strausser for his act of cutting down significant tress on Township property was proceeding slowly as is expected in litigation of this sort.  Depositions are ongoing and a pre-trial conference is expected. The trail should start late this year.  He also advised that KMRD has started its procedural challenge appeal. 

UNFINISHED BUSINESS

Municipal Amphitheater (Supervisor Nicholas) - Nicholas said that she reviewed the plans provided by CMX and spoke with them about design and cost issues. She offered suggestion about roof line and other design matters.  The BoS agreed that the basic plan was acceptable and could be more appropriate with some design adjustments so that the structure could accommodate a civic orchestra with uniform roof lines. The Board felt that Schnaedter should take the lead on this project with CMX and work out design changes and cost reductions where necessary to get the project on track.

NEW BUSINESS

Northampton County Department of Community & Economic Development Agreement (Rick Schnaedter, Township Manager) - The Board approved the agreement as presented. (5:0 Vote)

Historical Ordinance (Dean Turner, Planning Commission Chairman) - Mr. Turner advised the Board that the Planning Commission wished to proceed in discussions for the purpose of drafting a historical ordinance dealing with historical preservation of township sites and structures for the Board’s consideration. This would entail consultations with Mr. Kline, solicitor, as the matter would involve changes to our Subdivision and Land Development Ordinance (SALDO).  Supervisor Chuss stated that he wants the Comprehensive Plan updated before this was undertaken.  Mr. Turner advised him that the Comprehensive plan under review anticipates this new ordinance and that the final meeting is next week and that this matter would be consistent with the plan.

Upon a motion and second by Supervisors Nicholas and Egolf, respectively, to approve this Planning Commission’s undertaking, Chairman Howell asked for discussion.  Supervisor Chuss repeated his objection to the timing to the matter.  Supervisor Nicholas added that it is appropriate that the Planning Commission is considering these ordinances.  The motion was approved. (5:0 Vote)

Executive Session - Chairman Howell called for an Executive Session. The session concluded at 9:24 PM.     Mr. Goudsouzian reported that the session purpose was to discuss potential litigation and employment matters.  The Board took no action during the session.  Since there was no further business to conduct, the meeting was adjourned at 9:25 p.m.

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.

KMRD/Kings Mill 0 : Forks Township 1 - Judge Giordano rules!

On March 3, 2009, (Court of Common Pleas of Northampton County) Judge Emil Giordano ruled in favor of the Forks Township Zoning Hearing Board's (ZHB) February 2008 decision in the KMRD, L.P. procedural challenge.  Judge Giordano dismissed the appeal "with prejudice." 

KMRD's procedural challenge alleged that the 2006 Zoning Ordinance was was not properly advertised per the Municipalities Planning Code (MPC).  Had the court ruled in favor of KMRD, a county-wide (maybe further) can of worms would certainly have been opened as most municipalities use similar formats in ordinance advertisements.

Originally, before the ZHB, KMRD/Kings Mill alleged that every zoning ordinance back to 1983 was procedurally flawed and should be void.  KMRD cited 18 violations.  The Township refuted them with over 300 pages of documentation.   KMRD then reduced the list to one single alleged flaw, the public notice.  KMRD said that the entire ordinance should have printed in the newspaper.  The cost would have been $55,000. 

Forks Zoning Hearing Board ruled against KMRD's challenge.  And, KRMD appealed to the Court of Common Pleas, where, before Judge Giordano, KMRD lost its appeal.

The next step for KMRD/Kings Mill, should it decide to pursue this further, is an appeal to the Commonwealth Court.  According to Solicitor Kline (at the March 5th Board of Supervisors meeting), KMRD has 30 days to do that.

Please read Christopher Baxter's Morning Call article for more.  To read the judge's ruling, click here.

KMRD Procedural Challenge Appeal - Oral arguments heard

On February 3, 2009, Northampton County Court of Common Pleas Judge Emil Giordano heard the oral arguments in the KMRD/Kings Mill appeal of the Forks Zoning Hearing Board's determination that the Township followed procedures in the legal advertising of its 2006 zoning ordinance. 

KMRD wants all zoning ordinances enacted since 1983 declared invalid - a move which would allow development of their owned/under contract parcels in the Forks FP (Farmland Preservation zoning district) under 1983 rules.  Judge Giordano rightly observed that a decision in favor of KMRD would have far reaching ramifications in every municipality in Pennsylvania. 

The Morning Call's Riley Yates was there.  Please read his article for more details. 

KMRD - Oral arguments - Procedural Challenge - Coming Feb. 3rd

The Northampton County Court of Common Pleas has scheduled the oral arguments in the KMRD Procedural Challenge (large file) for 9:00 AM, February 3rd.

This is the challenge that the Forks Zoning Hearing Board rejected on March 24, 2008. KMRD alleged that Forks Zoning Ordinances back to 1983 were enacted with flawed procedures and should therefore be declared invalid. It is no secret that KMRD would prefer to develop the land they own and/or have under contract using 1983 rules.

If you have time on Tuesday, February 3rd, you may want to watch the proceedings in the Northampton County Court of Common Pleas for yourself.

BoS Meeting Notes - 11/20/2008

Regular Meeting (agenda)

Some of this night's meeting was once again devoted to discussion of the Forks EMS (FEMS) situation - whether FEMS will actually reimburse those residents who sent 2009 subscription dollars - in a timely fashion or whether it will be a very long, cold day... before FEMS sells its property and has the funds to make the promised restitution.   Please read Tony Nauroth (Express Times) for more on the complexities involved.    

Public Comments (non-agenda) -

• Resident Sandy Hanks asked if the Township is paid for advertisements on its Zucksville Road electronic sign board.  She was told that "happy birthdays" are paid for but notices about scheduled Community Center activities (like massage services - since rent is collected for use of the Community Center) are not.
• Bill Petterson, Director of Mad Science of the Lehigh Valley, complimented the Township for helping to make the summer Mad Science Camp a wonderful experience for all involved.  He said that he's done many workshops in a lot of townships and his observation is that Forks' Community Center is a true community center, existing for the community.  He especially thanked Don Miller, Rick Schnaedter, and the Community Center staff and said that "the kids had an absolutely wonderful time and learned a lot about science..."  Petterson said, "And who knows, maybe the next Einstein will come out of the Forks Township Mad Science Camp."  He also promised to do it again.
• Resident Mark Phillips told the BoS that it was his understanding that the Township has no ordinance about tractor trailers parked on residential streets.  Zoning Officer Tim Weis told him that there is an ordinance and trucks are prohibited in residential areas and that he should call the Township and ask for the zoning office and the problem will be taken care of.  Mr. Phillips said that he called the police and officer Dressler told him that there was no law against it.  Weis explained that it is in the zoning ordinance and that his office will address it.   Mr. Phillips asked what to do "after hours" and Weis said that he should call the police department and that they will take the information and he (Weis) will deal with it during business hours.  Chief Dorney said that he will follow up on making sure officers are informed. 

Supervisor Remarks - None

Treasurer's Report - Supervisor Egolf was out of town and Finance Manager Farley detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 4:0 vote.  The Township's current outstanding debt is $7,400,223.

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

• Public Safety - Supervisor Chuss - reported that the next meeting will be held on December 2nd at 5 PM in the Municipal Building.  There has been no meeting since the last BoS meeting.  Chuss said that the emergency service tower is being built and that the hope is that the concrete flooring will be done next week so that it can cure over the holiday.

As to the "EMS situation," Chuss said that the EMS board member he spoke with (who told him that subscriptions would not be refunded) "spoke out of turn."  Chuss said "it has come to light" (ref. Tony Nauroth - Express Times, 11/8/08) that FEMS will repay the subscriptions and said the BoS needs to "go back" and look at the motion made at the last BoS meeting.  He asked Kline how the BoS should address it.

Kline said that the BoS operated with the information it had at the time - that Chuss reported that FEMS was not going to return subscription monies to residents - and acted on a motion to provide protection to Forks citizens who paid FEMS and not Suburban EMS (SEMS).  Kline said that since the original information now appears to have been in error, it is appropriate that the Supervisors take a step back and re-look at the situation.  He thought it a good idea that Public Safety take it up and make a recommendation to the BoS at the next meeting.  Kline also said that it would be appropriate for the BoS to consider revoking the motion to reimburse (via subscriptions to SEMS) residents for their FEMS subscriptions. 

Chuss made that motion and Miller seconded. 

In discussion of the motion, Howell said that he would rather wait and hear from the Public Safety Committee and that he would like to have had it as an agenda item or to have had some prior notice.  He said that it does no harm to continue receiving information from the public as to subscriptions paid to FEMS.  The BoS can act upon the information (or not) after the Public Safety review. 

Chuss said that in fact, he thought this (decision to revoke) was what came out of the meeting with SEMS on Tuesday.  Howell said that he was at that meeting and that is not what came out of it.  Kline said that he, too, was there and that it was his understanding that this issue was to be taken back to the Public Safety Committee with a recommendation.

Kline offered that there is no alternative motion being put forward tonight.  He added that right now, with the resolution from the last meeting, SEMS can anticipate receiving subscription money from the Township.

Howell asked if anyone believes that FEMS will pay these (subscription refunds) with available cash?  He said that FEMS' offer, "although well intended can't be well effectuated" and that he doesn't think that FEMS has the wherewithal to pay back the 120 to 150 subscription checks at this time.  Howell said that taking the offer off the table now, would put the BoS back where they were before.

Nicholas asked Kline for clarification and asked if SEMS was assuming that Forks would pay for subscriptions?  Kline said that right now, SEMS is assuming that the Township will pay for subscriptions whether or not the citizens get their money back.  The BoS must decide if it is going to rescind the resolution now or wait to make a decision until after the Public Safety meeting.

Howell said that he remembers the BoS saw a need to reimburse Forks citizens who paid FEMS - with a "credit."  He said that if they "believe in their heart" that FEMS will repay residents...  He said he doesn't see that happening and he would rather have the solution with SEMS that takes care of the entire arrangement.  He thought that the offer should be left open for the "integrity of the offer."

Resident Jim Wideman said that is was his understanding that if a resident paid (FEMS) before October 16th that the Township would pay SEMS for that resident's subscription.  He said that it didn't make the Township liable for any services and said that he thought it was a great offer by the Township for those caught in the middle.  Mr. Wideman said that he sees no reason to rescind that offer. 

Resident Sandy Hanks said that she agreed with Howell and thought it premature knowing FEMS' history.  She said that it was in the newspaper and people know to bring their cancelled checks to get a SEMS subscription.

Resident Dick Wambold said that it sounds like FEMS "has perpetrated a theft of services and that something should be done to them if the money is not paid back to Suburban."  Howell offered that the money was probably used for general expenses, a legitimate use of subscription monies.

The motion to rescind the reimbursement credit (from the October 16 meeting) and refer the matter to Public Safety to report back with a recommendation at the first BoS meeting in December was discussed further.  Nicholas said that she would like a (Public Safety) report before the (BoS) meeting.  Chuss said that the Public Safety meeting is after the (Supervisors') packets go out.  Howell suggested a fast email. 

Chuss offered that he would hate to see people going through the hassle of getting cancelled checks and that FEMS has gone on "very, very public record" about their intent to refund subscriptions.  He felt that the resolution should be rescinded as it can put back on the table in a month or the BoS can "start from scratch." 

Howell said that there is no money and that the refunds are not going to paid any time soon.  He referred to a  Morning Call article reporting that refunds (ref. Christopher Baxter, 11/11/08) will be paid only after the building is sold.  Howell said it is rather callous to walk away from the problem. 

The vote to revoke was defeated in a 1:3 vote.  Chuss was the only "yes."  This issue will be on the next BoS agenda.

• Public Works - Supervisor Miller - reported that public works is in the ongoing process of "putting up the park system" for the winter.  He said too, that the new "gym 1" HVAC installation should be completed tomorrow and that it did miss the summer cooling season.  Also, the Community Center is in the process of scheduling winter programs.  There will be 360 basketball games in the Community Center.  Forks has 30 teams.
• Parks & Recreation - Supervisor Howell - no report. 
• Community Relations - Supervisor Nicholas - reported that Supervisors have received copies of the next Forks Quarterly.  She asks that they get back to Schnaedter by noon on Monday with any recommended changes.
• Finance and Administration - Supervisor Egolf - absent and the budget continues to be the focus.

Township Manager's Report - Schnaedter announced that the Kiwanis annual tree lighting at the Municipal Building is set for December 7th at 7 PM.  Attendees are asked to bring non-perishable goods to be given to local food banks as the Kiwanis hope to have a substantial donation.  The Township staff is also collecting food and there will be collection baskets throughout the municipal complex. 

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - said that he reported at the last meeting that the Zoning Hearing Board (ZHB) rejected the challenge to the validity of the Forks Zoning Ordinance.  In another suit, KMRD's procedural challenge to all zoning ordinances back to 1983, the ZHB ruled that the 2006 Zoning Ordinance is valid and therefore there is no need to look back further. 

KMRD, however, likes the 1983 ordinance and would prefer to operate under it. To that end, KMRD has filed an appeal to the ZHB procedural challenge decision.  It is currently in the Court of Common Pleas of Northampton County before Judge Emil Giordano. 

And, while this appeal was pending, KMRD filed a separate motion before the judge to "present additional evidence" about the other, older ordinances they were challenging and asked that the case be sent back to the ZHB.  Judge Giordano rejected that motion.

The ultimate issue, the validity of the procedures involved in enacting the 2006 zoning ordinance, has not yet been decided by the court.  If Judge Giordano agrees with the ZHB, that the 2006 procedures were valid, Kline feels that he will not require analysis of any of the prior zoning ordinances.  Kline said, "That's where it stands.  One more step along the way.  One more victory for the Township.  One more defeat for the developers." 

Kline added that there is a provision in the Municipal Planning Code (MPC) that appellants can petition the court to order that there be additional evidence.  However, he didn't think there could be a separate appeal on it.

Executive Session - There was a short mid-meeting executive session on a matter of potential litigation and on a personnel issue.  No action was taken during or after the session.

UNFINISHED BUSINESS

Ordinance #310 Adoption - Adamson Street Common Use Line (Karl Kline, Solicitor) - Kline explained that although all Easton Area Joint Sewer Authority (EAJSA) member municipalities thought the short Adamson Street line in West Easton was included as part of the common use sewer line, it was never officially part of the 1976 inter-municipal agreement.  All members must adopt this ordinance amendment to get it included.  Forks' representative to the EAJSA, Henning Holmgaard, recommends approval.  Kline said that the amendment was properly advertised and is ready for BoS approval.  The Supervisors agreed and adopted the ordinance in a 4:0 vote.

Proposed 2009 Township Budget - (Jim Farley, Finance Director) - Farley began with an overview of the budget process.  He said that they began working on the budget in early October and that there were five work sessions with the BoS and with department heads. 

There are challenges to the 2009 budget because the "bottom has fallen out" in housing starts and reality transfers as well as the reciprocal revenues, such as permits.  The net impact is that $400,000 of revenue is literally removed from the budget.  The Township must still deal with the price of fuel and with staff contractual obligations.

In the final work session, there was a proposal for the net reduction of $49,000 in general expenses across the board in all departments.  The capital requests for next year are frozen.  They will appear on the budget line as items but will not be released until at least mid-year after it has been determined that the revenue stream can support them.  That frozen amount is $345,000 in proposed capital purchases.  Even that amount still results in a shortfall for the needed 2010 carryover amount.  Therefore, a tax rate adjustment of 1/2 mil for 2009 is necessary.  This 1/2 mil increase is approximately equal to $39 per household. 

Forks is not alone as other municipalities are facing the same problem.  For the last 1-1/2 years, the Township has been looking for opportunities to renegotiate vendor contracts.  Farley said that he hopes that next year is decent and that reserves can be built up again. 

Farley said that this tentative, rough final draft of the budget can be approved or disapproved.  It must be on public view for 20 days and final approval can be at the December 18th BoS meeting or, if necessary, at a special meeting at the end of the year.

Nicholas asked if even with the 1/2 mil increase, the Township would still be short for the 2010 carryover?  Farley explained that it would be "little" short if the capital items are purchased.  Of course, if any capital items are to be purchased the priority will be decided by the BoS.

Howell asked when the real estate tax monies come in and Farley said that the majority are in by the end of May.

Farley said that the real estate transfer revenue is a big problem but if it rebounds a bit the Township will be in a better cash position and it will help to build back a significant reserve.

Howell asked if the budget had been adjusted for the drop in the price of gas and oil.  Farley said that it has not.  He used October rates.  Howell thought there might be an area of savings there.

Nicholas asked about the $218,000 surplus.  Farley said that if the capital items are not purchased, the surplus will be $500,000.

Planner Dean Turner asked if the budget will be on the website.  He was told yes and that it will be at the Municipal Building counter tomorrow.  The legal advertisement should be in the newspaper over the weekend.

The 2009 tentative budget with its included 1/2 mil increase was adopted with a 4:0 vote.

NEW BUSINESS

Fancy Furrow Farms Preliminary / Final Minor Subdivision Plan (Tim Weis, Zoning Officer) - Engineer Fred Hay referred to Keystone's letter of 10/3/08.  He explained that this plan is taking one tract of land and creating a three lot subdivision.  On lots one and two are two residences and a business.  He recommended approval with the conditions specified by the Planning Commission (PC).

Howell said that it appears the PC is asking for a 40 ft. right-of-way from the center of the road and going around two of the buildings (so that the buildings will not be in the right-of-way).  And, that the applicant (former Supervisor John Ackerman) did not feel it necessary to dedicate a right-of-way. 

Hay said that the PC recommends that the BoS reject the plan if the right-of-way is not dedicated.

Attorney Joel Scheer, representing Fancy Furrow Farms, pointed out that there are no proposals for changes in use or intensity.  The purpose is to separate the lots so that John Ackerman's brother's lot is broken off from the tract.  Scheer said that because Uhler Road is a State road and because Fort James III is under development, PennDOT has "fully vetted" Uhler Road.

Scheer said that based on previous court rulings, a subdivision cannot be rejected based on the refusal to grant a right-of-way.  Setbacks can be required but not rights-of-way. Scheer said that the courts say that if you insist on someone's land, you have to pay for it. 

Kline said that that the MPC specifies in Section 503, that "a subdivision or land development shall conform to the Comprehensive Plan..."  The SALDO (Subdivision and Land Development Ordinance) looks at various streets and indicates certain rights-of-way for those streets.  In the case of Uhler Road, the right-of-way is 40 feet from the center of the road.  Kline advised that Keystone did not just make it up on an "ad hoc basis."

A long discussion ensued about traffic, the Fort James III development, road improvements, and PennDOT's unwillingness to have money to acquire land for road widening while still demanding same - forcing townships to pay for it.  A potential problem is, that in the future, Braden Boulevard may extend north and take a left over to Church Lane.  Another issue is future development to the north.

There was also discussion of the improvements made by JG Petrucci for the Fort James III industrial park.  They include extending the sewer line across the road to the Ackerman rental building on lot 2 (the old dairy store now occupied by a tenant - who, the PC was told, may want to purchase the building) and grass planting and railroad tie curbing.

Hay offered that a road is never paved to the edge of a right-of-way - usually only up to 10 feet of it.  An acceptable compromise was achieved with the word "covenant" - it will run with the land and be noted on the plan along with a 40 foot right-of-way that jogs appropriately around existing buildings and that covenant will apply to all three of the lots.  It will used if any of the lots are developed - in the future.

As to the on-lot septic, the BoS was informed that the developer has agreed to hook up the two buildings on lot 2 because the septic system will be only inches from the road. 

The BoS voted 4:0 to grant conditional approval, subject to Keystone's letter of 10/3/08 (less comments #3 and #4), of the Fancy Furrow minor subdivision with the covenant that the Township has the right to acquire the 40 foot (from the road center) right-of-way (with the jogs around the buildings).  The covenant shall be subject to the approval of the Township Solicitor. 

Sullivan Trail Business Park, Lot 5B Daycare Center – developer’s agreement (Karl Kline, Solicitor) - Kline recounted the approval of the splitting of lot 5 into two lots, lot 5A and lot 5B (ref. the April 3rd BoS meeting notes).  The day care center developer requires an indemnification agreement so that dirt can be moved.  There is no letter of credit yet so no building permit can be issued.  The certificate of insurance, the escrow account money, and the indemnification agreement "signed by our good friend Mr. Goffredo" have been received.  The vote was 4:0 to accept the developer's agreement.  

Executive Session - There was an executive session on a personnel matter.  No action was taken after the session.

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

Forks 5 - KMRD 0

Yes!  Forks' Zoning Hearing Board (ZHB) voted 5:0 against the KMRD/Kings Mill challenge to Forks zoning ordinance -  because the "applicant" failed to meet the burden of proof.  The meeting went on for three hours. 

The testimonies of three Forks residents are now part of the court record.  Please read the considered and thoughtful words of James Wideman and David Billings.  Mark Mulrine spoke, too.  Unfortunately, we do not have a copy of his testimony.  He spoke to his disregard for developers who come to our township, build, devastate, and leave.  

These Forks residents, your neighbors, spoke for you and for our Township. Yes, there was indeed applause!

Attorney VanLuvanee (representing KMRD - and also a KMRD principal) gave a summation lasting approximately 1-1/2 hours.  He contended that the 2006 zoning ordnance had nothing to do with farmland preservation and was meant instead to halt development.  According to VanLuvanee, the Constitution says you cannot tailor an ordinance to exclude classes of people which, in essence, (he alleged) that Forks did by not allowing apartments, townhouses, and mobile homes in the Farmland Protection (FP) district.  He also stated that the LVPC (Lehigh Valley Planning Commission) criticized the 2000 Forks Zoning Ordinance because it was not changed to allow these types of houses.  VanLuvanee referenced numerous court cases, many in which he was involved.

VanLuvanee claimed that one of the goals of the 2006 zoning change from the 2000 zoning ordinance was a 10% reduction in development throughout the township. He claimed that sewer is a State regulation and not a justification for one acre lots. He also claimed that Forks shirked its responsibility when dealing with exploding growth - rather Forks ran the other way and did not deal with the issue.

The Township's attorney, Steve Goudsouzian, pointed out that Nic Zawarski & Sons (another member of the KMRD partnership) did not build apartments when building in Forks but instead built high value homes - because of the profit factor.  The opportunity to build the other types of housing was there but was rejected by developers in Forks.  Also, Goudsouzian noted that KMRD never provided a map of the proposed development (Kings Mill) choosing instead to use old graphs to substantiate its case - some of which were proven inaccurate by the Forks' expert witness, Mr. Charles Schmehl, of Urban Research & Development (URDC).

Goudsouzian noted that the FP is in the northeast section of the Township - an area, he said, that is not in the path of growth primarily because of the lack of sewers.  And, contrary to what VanLuvanee indicated, low income housing is not a law in PA.

Goudsouzian said that not only was the opportunity there for developers to build apartments, they actually had approved plans for building apartments, and Forks accommodated the developers on their plan changes to more profitable types of housing.  KMRD bought land from farmers at a reduced rate, and now wants to change the rules to increase their profits.

Goudsouzian said of the KMRD expert witnesses:

• Glackin knew about the Heritage case, but chose to ignore it in his testimony. 
• Bernard ignored PA law and instead said this is what we should have.
• Unangst ignored practical issues with building on smaller lots and instead presented development in a perfect scenario.

KMRD had two principal claims - that Forks does not preserve agriculture and that it does not provide a variety of housing types.  Goudsouzian also pointed out that you don't have to look at the entirety of Forks Township to determine if it is in the path of growth.  You can look at the FP district and determine if that alone is/is not in the path of growth.

The Zoning Hearing Board members expressed their opinions before the vote:

• Mr. Kimmel - said that he reviewed many transcripts and thought there was overkill on what was actually needed. He stated that Forks is highly developed and that both sides agreed that over the last five years Forks has taken on a larger burden than most with growth.  Why should we be forced to continue to take on more?  He said that the changes from the 2000 ordinance to the 2006 ordinance dealt with open space requirements throughout the Township, and not just in the FP.  Kimmel said that he is comfortable with what zoning has done and that there are no serious problems.
• Mr. Asteak - asked if the land is in the logical path of growth?  "No."  He offered that there are inadequate water, roads, etc. and therefore it is not in a logical path of growth.
• Mr. Moyer - said that developers have had the opportunity to build enough multiple family units and the economic margins and/or markets have made their determinations, not Forks Township.  KMRD ignores its own history.  He felt that the school impact was glossed over and that there would be a negative impact to Easton. The statement that traffic cannot be a reason for denial is spoken by those who won't be driving here.  Moyer  further pointed out that 25 acres of housing will protect 25 acres of farming - dispelling the KMRD assertion that three acre housing does not protect farmland. He also agreed that Forks' is highly developed and that the FP is not in the path of growth.  He said that Forks provided developers the opportunity for all housing types.
• Mr. Rossi - said that the Township did not pull zoning out of the air.  Forks has always hired legal experts, made field trips, had hearings, formed committees, and spoken with many professionals - before any zoning or ordinance changes.  Further, Rossi added, the township went out of its way to accommodate developers. He said that Forks gives developers options for what they can build.  Forks cannot tell developers what they can build.
• Mr. Pappas - concurred with the other ZHB members.

Please read Christopher Baxter (Morning Call) and Tony Nauroth (Express Times) for more of this most gratifying final session of the KMRD/King's Mill challenge to Forks' 2006 zoning ordinance.  And, yes, it will be appealed in the Northampton Court of Common Pleas - VanLuvanee said so.

FAC wishes to thank all those who attended this and other rounds of the KMRD zoning challenge hearing and who contributed their time and insight to the reporting of it.

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.