Hearing on Recreation Land Design - 4/16/2009

Public Hearing to gather information on design of Recreation area at Newlins & Richmond Roads - 6:30 PM

Township Manager Rick Schnaedter explained that the Township is applying for a parks planning grant from the PA Department of Conservation and Natural Resources (DCNR) for the 53 acre Township owned parcel at the intersection of Newlins and Richmond Roads.  A hearing to solicit public input (what the community wants for recreation) is a part of the application. 

In 2003 the Township had a feasibility study done for both recreation and a public works garage.   Schnaedter showed a map of the area.  It shows power lines running through the parcel.  He noted that there are restrictions for what can and cannot be done near power lines.  Schnaedter pointed to the area towards the east side of the parcel that the 2003 feasibility study suggested for the public works garage. 

Schnaedter said, too, that the Township conducted two recreation surveys (the most recent was in 2006).  The grant will allow a consultant to visit the site, discuss recreation uses with the "various organizations, the public, the Board of Supervisors, the Rec Board and develop a plan" for the site that will be similar to the central park "that we are so proud of."  He then asked for audience suggestions.

Public Comments:

Chris Henry - Forks Township Athletic Association (FTAA) Baseball Commissioner - said that there is a definite need for baseball fields.  He said that they broke a record for sign-ups this year and that at this point they are using retention basins.  He said that at the lower age levels where they had five to six teams last year, they have eight this year and anticipate 10 teams next year.  He said too, that there is a need for more lacrosse fields.  If the Forks Elementary School expands, they will lose the use of two fields.  Henry said that they need four more fields with 60 ft. diamonds.

Ty Corallo - FTAA Softball Commissioner - said that there are a record number of teams on the fields this year and that, at the lower age levels (5-6 year olds and 7-8 year olds) they are trying to get 10 teams onto one field.  T-Ball is using Braden Park but there are no defined diamonds there, and no backstops, etc.  At yet another level there are 12 teams trying to get on three more fields.  He asked for two additional fields or that the fields at Braden be developed.  He said that there is increasing interest at the lower age levels and that the fields are so used that the teams cannot get practice time.  He added that the Community Park facilities are fantastic and that tournaments spread goodwill around the area - not to mention, bring in dollars to the Township.  Tonight the Community Park is packed.

Chris Henry said that there are 25-27 teams using five baseball fields.  The Winchester field and the 90 ft. diamond at Lafayette/Meco are being used.

Jeff Braido - said that he grew up in Forks Township and has seen the Township grow since he moved back four years ago.  He said that there is definitely a need for recreational space.  His own kids are getting involved in sports and more fields are needed.  Braido said that he lives on Crown Drive in Vista Estates.  His backyard up against the (Newlins/Richmond) Township land and he is "a little worried" about the location of the public works building - as drawn - near existing houses.  He suggested it be moved nearer to Newlins or nearer to Richmond.  He is concerned about the noise and traffic in and out of the building, especially early in the morning.  Braido said that he is in favor of as many athletic fields as possible to give kids as much opportunity as possible in their younger years. 

Chairman Howell asked how the fields might be multipurpose - what sports can share the same acreage?  He said that there is pressure on recreation land and at (what developers are paying) $80,000 an acre it is "out of site" for the Township to buy more property.  Corallo said that at the Community Park there are practice fields that straddle each other but the fields get over-used and because of the heavy use, the grass  cannot "get back up."  Corallo said too, that the FTAA is united in stating that the Township needs more types of fields.

Jim Wideman (D write-in candidate for Supervisor and former Planning Commission member) - said that he lives "next door" to the Township land and that he would prefer a more leisurely park with a pavilion, trees, and a walking path - something more recreational.  Wideman said that the Community Center/Park is almost all organized sports and that there is "a large senior community that would love to have a park - to take their families to..."  As to the public works garage, he suggested that there are alternative sites in the industrial areas more suited to trucks.

Howell asked (FTAA) about the recreation land as open dusk to dawn or is it envisioned with night lights?  The FTAA just wants a place for kids.  Supervisor Nicholas remarked that it's very expensive to operate the lights.  Supervisor Miller said that right now there are only two fields under lights.

Nicholas asked if the public works garage siting is allowed under the recreational grant application.  Schnaedter said that the area for the garage would not be included in the planning.  Nicholas added that she, too, thought there are other locations for the garage.

Howell said that the current DPW site is now too small and is poorly laid out.  Schnaedter offered that one of its disadvantages is its proximity to the Delaware River.  Zoning Officer Tim Weis said that the elevation change on the property is 50 or so feet and that public works vehicles are stored off-site.  DPW Director Mark Roberts said that they are stored in five different locations.

Supervisor Chuss said that the 2003 study recommended a detention basin on the (recreation) site.

Roberts said that seven to eight acres are needed for a new garage. 

Weis said that the grant application is to look at what is feasible for the site.  Miller offered that the best land is along Newlins Road and that because of the slope, the other parts would have to be terraced.  He said, too, that URDC designed the Community Park and it is one of the best community parks in the Lehigh Valley.

Howell asked if the grant would consider all of the Township's recreation land/needs.  Schnaedter answered that the grant is just for the development of this specific site.  He added, however, that the input about what is needed, for example at the Braden Park and at the five acres behind the Community Center, will help in planning, to "take some of the athletic burden off of this site."

Chuss said that he would like an overall recreation plan in place so that it could be incorporated by the consultant into what can be done at the Newlins/Richmond site.  And, he said that it would be nice to have the Comprehensive Plan (and the recreation plan) in place before the study is begun.

Schnaedter said that Towamensing got at $50,000 grant to develop a 43 acre park.  There is a 50% match.  The application deadline is April 22nd and it will be eight months until an answer is received.  After that, the process will take some time.  Howell said that there will be ample time for more public comment.

Nicholas said that a pool was number one on both Township recreation surveys and she thinks land should be set aside for one - even if the land is used as fields in the near term.  She also wants volley ball courts.

Supervisor Egolf said that at the Monday night Parks & Recreation Committee meeting, football, soccer, and lacrosse were represented.  He said that every outdoor sport is vying for the fields.

Howell asked that an inventory of all the detention ponds be taken to see which are suitable for other activities - "anything from a dog park to lacrosse."

Schnaedter thanked everyone for coming and the hearing was adjourned.

BoS Meeting & Recreation Plan Workshop - Notes - 11/6/2008

Workshop 7:00 PM - Five Year Recreation Plan

Ed Moore of the Recreation Board was the spokesperson for the five year plan committee.  He acknowledged the help and input of Butch Scerbo, Jeff Bader, Jim Craig (also an Elected Auditor), and Bob Dilts. 

Moore detailed Forks' growth from 2003-2007.  He said that 1344 homes were built and that the population is now 14,500.  Moore said that the last five year plan was done in 1977 and that the October 2006 recreation survey was used to formulate the new plan.  The survey was sent to 5196 households and 1078 were returned - for a 21% response rate.  Of the 1078 completed surveys, 97 residents chose expansion of the walking/biking/jogging trail system as their first choice, 70 opted for a swimming pool (as first choice), and 58 preferred improved playgrounds and playground expansion (as first choice.)  (Also see:  FAC notes from Supervisor Miller's presentation of the interpreted survey results to the BoS - December 2006.)

Moore stressed that the new plan is dynamic, in that it can be changed in the future as needed.  Plan highlights by year include:

1. 2008 
   1. gather information and start a pool feasibility study
   2. preparation of a bid spec to recondition the four tennis courts
   3. review and update the master bike plan
2. 2009
   1. construct a bandshell
   2. look at building a dog park
   3. grade and seed the recreation land at Braden park, Lafayette (Meco?) park, and the DeWalt/Maloney field
   4. build restrooms at Braden park and Meco field
   5. erect an "all purpose" building at airport (Braden?) park
3. 2010
   1. install ball fields at DeWalt/Maloney park
   2. recreation fields at Lafayette and airport parks
   3. consider adding an additional pavilion and basketball court to Community Park
   4. review a bike bridge over Sullivan Trail
4. 2011
   1. consider building an outdoor ice skating rink
   2. acquire land for a possible sleigh ride and tubing park
5. 2012
   1. finish projects from prior year
   2. begin work on a new five year plan

Discussion:

Supervisor Nicholas asked if the only passive recreation in the plan was to continue the recreation paths and build a bandshell?  Moore said that the "all purpose building" will serve Township seniors who want dancing and aerobic exercise.  He added that the Community Center basketball courts are ill-suited for that. 

Supervisor Howell asked Moore if he thought that the Community Center could not be expanded?  Moore said that was a great question but he wasn't sure if the land around it was sufficient for expansion. 

Howell then asked if the lack of mention of neighborhood parks was because it was not on the 2006 survey?  Moore replied that the committee began work on the plan in June before they had the tabulated survey data and that the neighborhood parks discussions with the Parks & Recreation BoS Standing Committee began after June.  He said that they took that on as a separate issue (from the five year plan) and were waiting for the BoS to give them "some direction on how that was to go forward."

Howell said that he was hoping for a more comprehensive plan - one that wasn't just recreation and might include expanding the arboretum and addressing the traffic that adding more ball fields will bring. 

Supervisor Miller offered that the original park plan (from 1991) shows another parking lot - inside the park - from the Sycamore Avenue dead end.  Howell bet that other than Miller, there is not a single Supervisor who knows that there is a plan to use Community Park land for a parking lot. 

Howell said that he would have liked the plan to address the Community Center's deficiencies.  He added that the developer-built bike paths on the master plan do not all exist but are planned and will be built at an unknown time in the future - by developers when their projects are under construction.  He wanted to see a plan linking the paths - those links must be built and paid for by the Township since they are not part of a development.  Howell said that a more comprehensive plan would show the BoS where they will need to find capital. 

Supervisor Chuss said that he thinks the plan is a good foundation and includes some great ideas.  He thought that the next steps should be set-up and that some ballpark cost figures are needed.  Moore said that this is a broad based plan about what the Township wants.  Nicholas remarked that the plan is a good foundation and needs more direction from the BoS.  She added that the committee should elaborate on some of the items and estimate some of the costs. 

Supervisor Egolf commented that the plan is a "fine job and a good start."  He too, questioned the lack of neighborhood parks in the plan.  Moore said that the committee wanted input from the BoS about whether or not the parks should be put in "pockets" or in existing parks.  Egolf said that he thought that the spring joint meeting (specifically on the subject of neighborhood parks) defined the issue.  He added that a whole summer was lost without neighborhood parks and he wouldn't like another summer to go by without them.  The Parks & Recreation committee has petitions from residents and has met with a lot of people and would like the Recreation Board's endorsement. 

Chuss said that "neighborhood parks" were never before the BoS.  Egolf said that there was a joint workshop and he didn't understand why anyone in Forks would be against neighborhood parks.  Moore said that the Recreation Board is not against neighborhood parks and that the Recreation Board lost a whole summer waiting for the five year recreation plan.

Butch Scerbo said that he is not against tot-lots but is against a basketball court in Penn's Ridge.  He said that the Parks & Recreation (BoS standing) committee meets during working hours.  Egolf said that the committee would have changed the meeting times had there been requests.

The BoS will get back to Miller on how it will go forward with the five year recreation plan. 

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Regular Meeting (agenda)

Much of the next nearly three hours was devoted to discussion of the EMS subscription issue and how Suburban EMS (SEMS) was to recover revenues lost during the one month between the dissolution of its billing agreement with Forks EMS (FEMS) and its designation as the Township's sole EMS provider. 

Please read Tony Nauroth's very clear Express Times article for more on the EMS discussion and the BoS action to help make residents who paid FEMS and not SEMS convert their subscriptions to SEMS.

NOTE:  On November 8, the Express Times' Tony Nauroth reported that the now defunct Forks EMS will return all checks to residents who subscribed during its 2009 fund drive. 

Public Comments (non-agenda) -

• Katherine Watt (sic) representing the Lehigh Valley Coalition on Affordable Housing in Bethlehem said that she sent a letter to Chairman Howell (in September) about the Coalition's annual municipal funding appeal for the area's nine city based shelters.  Currently funding comes from the cities of Allentown, Bethlehem, and Easton but the group feels that all municipalities should share the responsibility for caring for the valley's homeless population.  She said that 42% of the people using the shelters are from outside of the major cities and and that in 2007, 11 were from Forks Township.  The total shelter census for 2007 was 2598.

Heads of households who are working and can't make it on what they earn represent 25% of the shelter users.  Fair market apartment rent in the LV is $816 and the LV is has a severe apartment shortage.  The shelters offer programs to address self-sufficiency. 

The Coalition is asking for $5,633, a figure arrived at based on Forks' demographics in the 2000 census.  Ms. Watt said that the BoS last contributed five or six years ago and that she is aware that budget constraints make this is a bad time to ask.  (Please see BoS Meeting Notes 10/20/05 for the coalition's last appeal to the BoS.)

Tyson Sprandell representing Safe Harbor in Easton told the BoS that Safe Harbor helps 300 homeless men and women per year and serves two meals a day to about 75 in its day time drop in program.  He said that he needs to raise $100,000 a year in order to keep the doors open.

• Marcia Hauser of Penn's Ridge addressed the BoS about plans for a basketball court in Penn's Ridge.  She said that quite a few people object, particularly those adjacent to the open field.  She said that they have no problem with a playground.  She questioned whether the basketball court would be lighted.  Howell explained that at this time, a basketball court is a proposal only and started as a proposal for a 2-12 year old toddler lot with park benches and a swing set.  Basketball was added as a response to complaints about stand alone basketball hoops in the rights-of-way.  Ms. Hauser said that she counted the hoops and there are 22 of them. Of the kids using the hoops, only one does not get out of the way of cars.  That child's basketball hoop is located between 2551 and 2545 Penn's Ridge Boulevard.

Ms. Hauser also said that a basketball court is an invitation for kids to hang out.   She said that the history of the parking lot (on Silo Drive) is not good.  At one time, residents were parking cars and trailers there for storage.  The kids would get between the parked vehicles and get high and drink beer.  Ms. Hauser said that she and her neighbor cleaned up there and on two occasions found two empty cases of beer, a roach (pot) and two used condoms.  The police were called a couple of times to get residents to move their vehicles and now it's an empty lot.  Kids don't hang out there anymore.

Lots of Penn's Ridge kids use the field for football, baseball, golf, and volley ball.  Ms. Hauser wondered how much room the court will cover and if it will prevent other kids from using the field.  She asked too, about basketballs hitting parked cars (parked on the street because there is no place else to park) and noise (some residents in the immediate area work nights and sleep during day).  Water damage and flooding are also concerns because of the slope of the field (which serves as a water retention area.)

And, lastly Ms. Hauser said that her neighbor put in a pool and had to post a sign and notify neighbors within a specific area about the construction of the pool.  She wondered why no one in Penn's Ridge has been notified about a basketball court and where it is to be located. 

Howell explained that the Township is so far away from putting one in, that it is not yet time to notify residents.  He also said that funds have not been allocated.  Howell asked Ms. Hauser if it was her general feeling that the neighbors do not like the stand alone hoops?  He said that people came to a BoS meeting and complained about how difficult it is to walk on the sidewalk with the hoops obstructing them.  Howell said that the big issue with the stand alone hoops is the winter - cars on the roads and snow clearing. 

Chuss said that he was approached by two residents about flags/stakes who wanted to know if it will be a full or half court.  Chuss said that he told them it was for a basketball court and although he didn't know whether it would be a full or half court, he thought a full court would be open the public and would not be restricted to Penn's Ridge residents.  Chuss said that the residents do not want to encourage people to come there - "undesirable people" - and that there would be parking issues.  He also said that a friend told him that Vista Estates residents are concerned about tot lots bringing a negative element into their neighborhood.  Howell asked Ms. Hauser if she objected to a tot lot near the parking lot.  She said that she does not object.

• John Wieller of Penn's Ridge addressed the BoS to make them aware of kids hanging around in the Community Park playground near the basketball court.  He said that a woman told him she can't take her kids there because of the foul language from these kids.  Mr. Wieller said too, that the kids take the football bleachers and put them in the middle of the basketball court, skateboard on them, and hang around smoking cigarettes.  He said that he called a police officer over on one occasion.  He said that he does not want "that" in his development.  Mr. Wieller told the Supervisors that they should see what's there on a Saturday afternoon and that it needs patrolling.  He said that the kids are in fifth, sixth, and seventh grades.  As to the stand alone basketball hoops, he said that there are 21 in the development and he has one for his kids.  His kids get out of the way of cars and the hoop is moved out of the way when it snows.

Supervisor Remarks: 

Chairman Howell said that the Board received a letter from Leiser's Rental & Sales relative to the light at Meco Road and Sullivan Trail.  The Board got it this evening.

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 $7,768,332.

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

• Public Safety - Supervisor Chuss - said that the committee met on November 4th. 
  • Police Chief Dorney reported that the department passed the formal onsite assessment for re-accreditation - with "flying colors."  The process included a facility tour and inspection, a policy manual review, and a thorough compliance file review.  Dorney will go to Harrisburg on December 8th to appear before the accreditation bureau with a recommendation that the department be re-accredited for the next three years.  There are 1252 municipal police departments in PA and only 50 are recognized as accredited.
  • Chuss said that the department is looking into the possibility of national accreditation - in three years.  It would involve a commitment from the Township.
  • There is progress being made on the modular furniture and the evidence locker installation.  Both should be done by year end or very early next year. 
  • The emergency services tower foundation backfill is complete, the floor is done, and the building erection should start Thursday and take 4-6 weeks.
  • The committee discussed a volunteer incentive program and will make recommendations to the BoS.
  • An hour and twenty minutes of the committee's meeting was devoted to discussion of EMS status.
• Public Works - Supervisor Miller - reported that the committee had not met since the last BoS meeting and will meet next week. 
• Parks & Recreation - Supervisor Howell - said that the committee had not met since the last BoS meeting and did have a workshop at 7 PM - prior to this night's meeting. 
• Community Relations - Supervisor Nicholas - reported that the committee will meet on Monday at 6 PM.
• Finance and Administration - Supervisor Egolf - said that the committee met on October 22nd and the main focus continues to be the 2009 budget.   The next meeting is November 12th at 5 PM.

Township Manager's Report - Schnaedter asked the BoS for authorization to hire a new DPW employee.  The position has been vacant for four months.  The interview process is complete.  Leaf collection has begun and snow plowing is upcoming.  Another worker is out because of medical disability.  The new employee is needed.  He would like to make the offer to the selected individual tomorrow.  The vote to authorize the new hire was 5:0.

Schnaedter also reported that he is getting positive feedback from the business leaders breakfast.  Interest in continuing has been expressed.

Engineer's Report - Hay - reported that the Sullivan Trail Business Park paving has been completed - by the developer's paving contractor.  Hay also reported that the foundation and slab for the fire training facility are completed. 

Solicitor's Report - Kline - reported that the last of the KMRD hearings on the substantive challenge to the language of the zoning ordinance before the Zoning Hearing Board (ZHB) was held on October 20.  There were closing arguments and statements in opposition from several citizens.  The ZHB voted unanimously to reject the challenge.  The next step is a written statement drafted by the ZHB solicitor and approved by the ZHB.

KMRD has vowed to immediately appeal to the Northampton Court of Common Pleas.  There will be no hearings conducted in that court as the court's decision is based solely on the records established by the ZHB hearings.  The case will likely go further - to the Commonwealth Court, if not to the PA Supreme Court. 

Howell thanked Kline and attorney Steve Goudsouzian for the best legal advice the Township could have had.

UNFINISHED BUSINESS

Suburban EMS Subscription Discussion (Erik Chuss, Supervisor) - Notes from this over 1-1/2 hour discussion to follow.  Please read Tony Nauroth's very clear Express Times article for more on the EMS discussion and the BoS action to help make residents who paid FEMS and not SEMS convert their subscriptions to SEMS.  Morning Call reporter, Christopher Baxter was there but no report has yet been online - nor in print that we have seen.

Please note:  On November 8, the Express Times' Tony Nauroth reported that the now defunct Forks EMS will return all checks to residents who subscribed during its 2009 fund drive. 

Municipal Pool – Feasibility Study (Rick Schnaedter, Township Manager) - Schnaedter reported that he and Miller met with Mr. Lorne Possinger from the Department of Conservation and Natural Resources to get some tips on preparing the bid spec document.  Possinger told them that a feasibility study can cost between $20,000 and $40,000.  The City of Easton study cost about $60,000.  Schnaedter researched further and learned that the cost paid by three municipalities that either recently renovated or built pools ranged from $2.7 million to $6 million.  Schnaedter asked the BoS, in light of the costs involved, if he should proceed with preparing a bid document for a feasibility study. 

Chuss suggested that "in light of budgetary considerations" that the study be revisited in the second quarter of next year.  Egolf thought that other contiguous municipalities might be interested in a joint venture. 

Howell said that it would be wasted money if the study were done and the pool not built.  He said that this is an inappropriate time to go forward. 

The pool feasibility study was tabled because of budgetary considerations and the economy and Schnaedter was directed to not proceed with the RFP but to keep the documents he has amassed so far, in a file. 

NEW BUSINESS

CCTV System – Awarding of bid (Rick Schnaedter, Township Manager) - Schnaedter reported that this has gone out to bid twice.  The first time only one bid was received and it was deficient.  This time two bids were received - the low one was deficient and the next bid was much higher.  He recommended that both bids be rejected and that it be re-advertised.  The BoS agreed in a 5:0 vote.

Elsie Brown Preliminary / Final Minor Subdivision Plan (Tim Weis, Zoning Officer) - Hay explained that this was taking one large tract and making two smaller ones - basically cutting the tract in half.  There is no development permitted since the land is all in preservation and therefore there is no drainage issue.  It is the settling of an estate and one of the lots may be sold to a farmer.  There may be a house built on the other 54.37(?) acre parcel.  One house is allowed in the County preservation agreement and Kline explained that Maria Bentzoni (of the County) sent a letter indicating approval. 

Both votes were 5:0.  The first granted waivers of plan scale, absence of contour lines, and drainage requirements and the second was to approve the final minor subdivision.

Application for permit to install and operate traffic signals – Meco Road & Sullivan Trail (Fred Hay, Township Engineer) - Hay explained that PennDOT has lost the resolution already created by the Township.  Hay said that he met with the PennDOT District 5-0 traffic engineer and his position was that the signal, with the existing Leiser driveway will never come to fruition.  The engineer felt that the best place for Leiser's driveway is behind his barn and that he didn't think that Leiser should get two driveways.  In fact, according to Hay, PennDOT won't approve two driveways. 

Hay's recommendation is that the BoS grant a waiver (of distance from the intersection) to Mr. Leiser and allow him to move his driveway to the other side of the foundation and as far as possible towards the insurance building (to the south).  Hay said that he will meet with Mr. Leiser tomorrow.

The BoS passed the motion to apply for the permit to install and operate a traffic signal at Meco Road and Sullivan Trail with a 5:0 vote. 

Kline said that he thinks the Township took the position previously that Mr. Leiser could keep his Sullivan Trail driveway where it is but that it would not allow another on Meco Road.  The problem is that it is not acceptable to PennDOT. 

Hay said that PennDOT will not allow two driveways and that he will offer Mr. Leiser either a moved Sullivan Trail driveway or one from Meco. 

Resolution for One Street Light/Riverview Ests. Ramblewood Dr. & Road A (tabled prev.mtg.) (Fred Hay, Township Engineer) - Hay explained that this is a Met-Ed resolution for a street light at the Riverview Recreation Center.  It was approved 5:0.

2009 Budget - First Submission (Jim Farley, Finance Manager) - Farley said that he submitted a rough draft of the 2009 budget and that a tentative work session is scheduled for November 12th at 5 PM.  Nicholas suggested that all departments with capital projects in their budgets, justify and prioritize them.  Farley said that he will email all department heads and ask that they submit their lists in writing.  He also asked that any Supervisors who have questions let him know prior to the work session and he will do research in advance to answer.  Chuss said that although he cannot be at the work session, he will submit his ideas for areas to cut costs to the Board via email. 

Ordinance # 310 – Adamson Street Sewer Line (Karl Kline, Solicitor) - Kline explained that the proposed ordinance amendment to the 1976 Easton Area Joint Sewer Authority (EAJSA) original inter-municipality ordinance - that created the EAJSA - was necessary because although it was thought that the Adamson Street line was included as a common use line, it was not in any of the agreements.  The ordinance amendment has been reviewed and approved by all member municipalities and endorsed by Forks' representative to the EAJSA, Henning Holmgaard, as appropriate.  The vote to advertise the ordinance for adoption was 5:0.  It will be adopted by the BoS at its November 20th meeting.

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.

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.

BoS Meeting 12/21/06

The December 21st meeting of the Forks Board of Supervisor was sparsely attended by the Supervisors, the "staff," and the public. Supervisors Ackerman and Hoff were on vacation. Both Joe Nixon (Morning Call) and Courtney Lomax (Express Times) reported on the meeting. Please read their articles. We will try to fill in the blanks.

The previous meeting minutes approval was tabled because only 3 Supervisors were present and one of them, Nicholas, was not at the last meeting and could not vote on the minutes.

Supervisor Comments:

• Supervisor David Howell Secretary/Treasurer David Howell reported that he received a thank you letter from the Kiwanis for the Township’s assistance to them throughout the year and especially at the tree lighting ceremony. Howell said that the Township should be thanking them in particular for the Easter egg hunt and the Christmas tree lighting because of the "sense of community" that it gives.

Several Kiwanis members were on hand to present the Fire Department with a check for $1000 to be used for its new flag poles. Bryan Weis, Deputy Fire Chief, accepted on behalf of the fire company. The money was originally given to the Kiwanis by a former member, Barry Miles, in honor of his father and to be used specifically for a flagpole in the Township. The Kiwanis passed it on to the fire company for its new flag poles (2 on-building poles - traditional FDNY style on the front of the building - with ground lighting). There will be a dedication ceremony and a plaque will be ordered to honor Miles’ father. Kathleen Shuman (sic) made the presentation on behalf of the Forks Kiwanis Club.

• Supervisor Bonnie Nicholas said that one of the candidates interviewed for the Township Manager position told her that his township does an impact analysis of the fire, police, and public works departments as well as EMS, to assess the effects that a development will have before it is approved. That particular township uses the results of the studies to insure that developers provide significant improvements. Nicholas suggested the Planning Commission and Board of Supervisor discuss this further.

Treasurer’s Report - Secretary/Treasurer David Howell detailed the debits (cash paid out) since the last Supervisors meeting. Howell’s motion to accept the debits and transfers was approved 3:0. (Chairman/Supervisor Hoff and Supervisor Ackerman were not in attendance.)

Standing Committee Reports

• Public Safety - Supervisor Nicholas - announced that the committee has not met since the last BoS meeting and that as of 2007, she and Supervisor Hoff will conduct the meetings on the first Tuesday of the month at 5:00 PM. There will be no January meeting because that night is already scheduled for the BoS Re-organization meeting. Nicholas said that she has asked all the members of the committee to prepare a list of goals for the year.

• Public Works - Supervisor Ackerman - absent, no report.
  
• Parks & Recreation - Supervisor Miller - (Note: Miller made a list of Township park workers’ activities - prepared by DPW Director Gary Sandt - available as his report.) No report.
  
• Community Relations - Supervisor Howell - The committee did not meet since the last BoS meeting.
  
• Finance & Administration - Supervisor Hoff - Howell noted that Hoff will likely report at the next meeting and that the committee did meet with a representative from a bond house who reviewed possibilities for refinancing the Township debt. Howell said that they have "taken it under advisement."

Engineer’s Report - Fred Hay - absent, no report.

Solicitor’s Report - Karl Kline - reported correspondence from Henning Holmgaard, the Township representative to the Easton Area Joint Sewer Authority. Kline said that the EASJA sends a tentative figure to the Township (of its expected share of the sewer plant) for budget uses. He added that normally this number is a little high and that results in a year end rebate. This year however, there is no rebate and instead, the EAJSA indicates that Forks owes additional money.

Kline said that Holmgaard met with he, Farley, and Hay and that there are significant questions about the assessment. The Township’s numbers do not "jibe" with the numbers on the bill and Farley will look into it further before a report is made to the Board (and before the bill is paid as presented.)

Howell asked Kline if any action must be taken on the inspection report from the LV airport authority of the Forks airport particularly as to height restrictions and objects in the landing and take-off areas (in the right of way). Kline said the State Department of Transportation oversees airports and notifies the airport authority of its findings. The authority takes corrective actions. The Township does not take any action on the report.

NEW BUSINESS

GENERAL CODE CORRESPONDENCE/REVISED PRICING ESTIMATE - Kline said that he called General Code to get an explanation of their pricing and because of the holidays was unable to reach anyone. The vote to table was 3:0.

OLD BUSINESS

ORDINANCE NO. 301 - PEMA LOAN FOR FIRE TRUCK - Kline explained that this ordinance authorizes the Township to incur the debt for the $100,000 PEMA fire truck loan. The loan is for 15 years at 2%. Per PEMA, because the truck is titled to the Township, the Township must be a co-signer with the Community Fire Co. The money was already advanced by the Township to pay for the truck; this money will repay the Township account. The settlement will be in 30 or more days. Kline said, "The ordinance has been properly advertised..." The vote was 3:0.

PENN’S RIDGE PRD/DEED OF DEDICATION FOR DETENTION BASIN B - Kline reported that the Township agreed to accept ownership of this detention basin as part of the PRD agreement with Hornstein. Hays office has inspected/approved it. Kline said, too, that the Township has a check for $32,952 (a figure based on a formula established at the time to provide for a period of maintenance). A vote to accept was passed 3:0. Nicholas confirmed (with Kline) that the Township is no longer accepting ownership of detention basins (unless previously agreed).

RECREATION SURVEY - Miller said that according to the post office, the response rate on the Forks recreation surveys was very good. It was 21% and the average is 16% (5196 were mailed and 1078 were returned.) Farley did the compilation and because of the way the survey was designed (rank choices) he was able to use weighted averages. If an item was ranked #1, he assigned it 5 points, #2 got 4 points, and so on.

Miller reported that the most popular existing Township recreation features are the walking path (in the park), the Community Center, and the playgrounds (in that order). Of the choices given on the survey and the weighted average method used, a swimming pool (2307 points), a recreation bridge over Sullivan Trail (2069 points), and a bandshell (2000+/- points) eclipsed all other choices. The other points went to: Dog park (1109), Playground equipment (1079), and Ice skating (858).

Miller said that some of the smaller things can be done now with money in the land and acquisition fund. He thought that Federal money might be available for the bridge over Sullivan Trail since it is part of the Greenway. Miller said that he has no idea what the cost of a pool would be and he will look into it. Until he does, he thought that the Board should not dismiss anything that the residents voted for. Nicholas said that she’d like to see a pool in Forks Township.

Nicholas also said that she would prefer a 4-way traffic control (stopping traffic in all directions) to a bridge over Sullivan Trail. Miller will begin researching costs and programs for funding.

One of the questions was about increasing taxes to purchase open space. The response was close but negative for that - 499 yeses and 532 noes.

The number of people (153) who said they’d join a garden club to do physical work in the park (planting and maintaining) surprised Miller. Jim Wideman (PC) asked if there is an area in the park for a rose garden. Miller said that the soccer fields can be shifted to other parks and that the original arboretum plans can be finished. Of the park at Newlins and Richmond, Miller said that there are currently no plans for it but because it now it has a sewer line (allowing bathroom facilities - a $60,000 project in itself), they can now begin planning activities for it. Wideman noted that the rose garden in Bethlehem is very popular and has a small, well-used bandshell.

Howell said that he has discussed a garden club with Miller particularly for a colonial garden around the log cabin and done in conjunction with the Historical Society. He thought that the garden club could "adopt" the park entryways as well as the fountain at the park’s Zucksville Road entrance. Howell thought that the garden club would help to create a sense of community.

Miller said that money for the plant materials, etc. is not a problem. But once everything is planted there are not enough park workers to maintain it. He is hoping that some young people will devote an hour or two a week to weeding. He told of the wildflower garden at the entrance that was beautiful for a couple of years but eventually turned to all weeds.

Read Lomax for the survey summary.

2007 GENERAL FUND BUDGET/FINAL ADOPTION - Farley said that the budget before the Board contained the minor adjustments recommended by the Board and it was passed 3:0. Read Nixon for more.

DESIGNATION OF FEMA REIMBURSEMENT AGENT - Farley explained that the Township met with FEMA/PEMA after the flood and applied for funds to recoup some of its expenses. The Township has been approved for $5,200 and the money is awaiting an appointed (by resolution) reimbursement agent. The Board designated Farley as that agent in a 3:0 vote.

There was an EXECUTIVE SESSION to discuss a personnel matter (the Township Manager interviews) and the ongoing KMRD litigation. No action was taken during or after the 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 5/4/2006

The Board of Supervisors once again considered the request by SamCar to change zoning to allow a grocery store in the EC (Economic Development) district. The discussion was covered by Sarah Mausolf (Express Times) and Fred Walter (Morning Call). Please read their articles. We will attempt to fill in the blanks.

Supervisor Comments

• Supervisor Howell said that he has received inquiries from residents about the status of proposed dog parks and that Engineer Fred Hay will comment on it during his report. Howell also mentioned anecdotal evidence about the lack of deer sightings in the 611 corridor north of Frost Hollow. He said that in one instance deer were found "deceased and not as the normal result of hunting." He advised any residents who find dead (not from hunting or car accidents) deer to call the Northampton County Game Commissioner, Brad Kreider, to report it. He said that they will pick up the deer and test it.

Treasurer’s Report - Howell reported the Township’s cash outlays since the last BoS meeting.

Standing Committee Reports

• Public Safety - Supervisor Nicholas - Reported that they met Wednesday and are continuing work on the (PD) 5 year plan.

Nicholas also reported that she attended the PSATS meeting on Sunday and Monday and that it was very informative. She said that her son attended the PD DUI Awareness program and that it was very good. She said that a lot of people also told her that it was very good. On Tuesday she attended the Young Professionals of the Lehigh Valley program where Pulitzer Prize winning writer, Thomas Hylton (Save Our Lands, Save Our Towns) spoke. She said that (Rep) Bob Freeman from Harrisburg was there and has given her some tips on Forks zoning (that need to be changed.)

Police Chief Greg Dorney announced that the Municipal Building custodian found a car key in the meeting room (two meetings ago). He said that it is at the PD.

Dorney said that 21 persons attended the PD DUI Awareness Program. He said that he was a little disappointed in the turnout. He addressed the HS students in the audience (government class requirement attendees) and asked that they carry the message back to the school how serious teenage drinking is and that every weekend their peers are being arrested for it (in Forks.) He told them that Forks has a "zero tolerance" policy and that they will "never be cut a break" if they are caught.

Dorney said too that the PD received a $4K grant from the "Click It Or Ticket Program" for Memorial week traffic enforcement. There is zero tolerance for any moving violations and if not wearing a seatbelt, another citation will be issued.

In the past two days the PD did 12 hours of commercial vehicle enforcement. Five tractor trailers were placed out of service for major violations and "found far too many trucks on the Township’s roadways with relatively serious problems."

And, Dorney said that they have picked up the two new police vehicles. They should be on the roads early next week.

Zoning Officer Tim Weis reported that the 1989 Chevy replacement truck order has been placed with Brown Daub and it should be in at the end of June.

• Public Works - Supervisor Ackerman - Said that the report from the Public Works Director is available to anyone who wants to see it after the meeting.

Director of Public Works Gary Sandt reported that street sweeping is almost done and that the crews are busy doing miscellaneous things including painting lines on roads.

• Parks & Recreation - Supervisor Miller - (Note: This committee has yet to meet.) The park has "eight fields going" for (girls) softball and baseball. Fall football and soccer sign-ups are in progress (through May 31). There is a doll show on Sunday in the Community Center.

• Community Relations - Supervisor Howell - Reported that Hometown Press has provided a mock-up of the cover page for the new Forks quarterly. He explained that the mock-up article (which may not be the lead article) captures the missions and goals of the quarterly and that the first edition will contain a centerfold Township map (which will be periodically updated as new roads are added.) It will also contain pubic opinion surveys and will be mailed to the approximately 4500 Forks households with additional copies available at other locations in the Township. It (publication and mailing) will be paid for by advertising revenue from businesses throughout the region. It will be on glossy paper and the first edition may have as many as 16 pages.

Members of the CR Committee (Howell, Supervisor John Ackerman, and Township Manager Cathy Kichline) will be meeting shortly to discuss the content and expect that every department in the Township will contribute to it. Howell said that Hometown Press will take their factual information and turn it into very readable articles.

Howell also said that the CR committee is also talking to the webmaster about making the Township website "responsive, easy to navigate, and fun." He asked that anyone with suggestions for website improvement contact Kichline.

Nicholas asked if the advertising will cover the postage since she recalled that it cost around $2K to mail 8 pages. Howell said that the postage estimate is $400 to $600 per issue and that Hometown Press will sell the ads. Howell said that Ackerman has some interesting suggestions for "calling card" ad placement so that they will not interfere with the visual impact of the content.

• Finance & Administration - Supervisor Hoff - Reported that the Board has copies of all the job descriptions and requested that a workshop session to review them be held on May 18 at 7 PM (before the regular meeting.) Nicholas added that the PD job descriptions are completed and were already approved.

• Manager’s Report & Correspondence - Cathy Kichline - Reported that there is an informational meeting of the EAJSA on Tuesday that she, Solicitor Karl Kline, Chairman David Hoff, and delegate Henning Holmgaard will attend.

Kichline reported too that the speed bumps in the park roads have been milled down and are now speed "humps." She added that the Athletic Association has purchased a new scoreboard and that the intent is to get it in place before the upcoming July 4 tournament.

Kichline asked permission of the Board to make 10:00 AM Wednesdays (before a meeting) the policy deadline for posting the Thursday night meeting agenda on the website. Ackerman said that the Supervisors should see it before the public does and that Wednesday at 10:00 AM is "time enough for the public to see it." Nicholas agreed. She said she doesn’t like people calling her up to discuss agenda items before she’s seen it. Supervisors’ copies are delivered to their homes on Tuesday evenings. Kline offered that this is an internal decision by the Board to (put it on the website) but there is no requirement to do so. Howell asked that that 10:00 AM Wednesday be the absolute latest time. It was agreed, no more Tuesday posting of the agenda online.

Comments about the outdoor drop/mailbox that Kichline proposed included Ackerman saying that it didn’t look as secure as a regular postal box. Nicholas said that there is one that looks like a postal box and has an attachment that wouldn’t allow a shoebox (reference to 911) to be inserted. Miller suggested that a measurement be taken to be sure that people can drive up to it to make their deposit (reference to elderly and handicapped people). Hoff suggested that they select one that fits in with the new complex and doesn’t "stick out like a sore thumb." This will be continued on the next agenda.

• Engineer’s Report - Fred Hay - Reported on the "dog run." He said that he’s contacted the airport authority, knows what the transition zone is, and that the survey is completed. Howell asked if it will be finished by mid-summer or fall and Hay said he thinks that it’s realistic for "summer" since as soon as they figure out where it will go and how big it will be, it will simply entail installing a 5 foot chainlink fence with some gates. They will get prices for the fencing and anything else required. He added that Modern Concrete sells modular restrooms and he thinks that one can go in near the wrestling building and be made part of the project. There is water and sewer there already.

Howell asked Kline how the Township will handle a "passive park" like this - liabilities and issues concerning aggressive dogs in particular. (Hoff said it was under the K-9 unit.) Kline said that appropriate signage will be needed and that it should say that the park is available for your use - use at your own risk - dog owners are responsible for keeping their dogs under control at all times. Kichline said that a lot of dog park owners advise keeping small dogs separated from large dogs. Hay said that that is simply another piece of fence.

Hoff asked Hay to report on the meeting held with PennDot and Towns I (Ace Hardware). Hay said that Ace Hardware is open for business (grand opening is tomorrow) and that originally PennDot said that Ace could not open until the new traffic signal was up. Because there were some problems for the contractor getting the light mast arms, PennDot has allowed Mr. Posh to utilize the right/in - right/out driveway for Ace Hardware only until the signal lights are installed. Ackerman wondered if the Board should take action since they went on record as saying that Ace could not open until the signal was in place. Hay said that the Board was on record as saying they couldn’t open until they had the highway occupancy permit. They now have the permit even though the lights are not installed. Hay added that in all fairness to Ace, this was not of their doing. Kline said that people going there can only get in only if they are heading north and that when they leave they can still only head north. The PD will monitor the area and Kline speculated that Ace will put pressure on the developer to finish the intersection.

• Solicitor’s Report - Karl Kline - Reported on Gollub Park stating that Hay and Kichline met with the Mattesons and that he, Hay, Weis, and Kichline met with Mr. Arcury to discuss the agreement concerning Gollub Park. Kline requested that this be the subject of the Executive Session.

Comments from the Public - Ruthie Eichlin from Chestnut Commons Condo Association addressed the Board to advise them that the swale problems are getting worse. She said that the swirling water is making huge holes and that power lines have been washed out. Hay said that the wires belonged to RCN and that the big rocks will be removed to stabilize the conditions. Ms. Eichlin said that the residents can use the big rocks elsewhere so the Township needn’t take them away.

Ms. Eichlin also asked about their unlighted street lights and was told by Weis that Oeini wants to turn them over to the association, that the inspection has not yet been done, and that they have not yet been energized.

UNFINISHED BUSINESS

RESOLUTION #060504-1/DEVELOPER IMPACT FEES TO AID SCHOOL DISTRICTS - Kline prepared the resolution and the Board accepted it. Hoff said that it will now go to the County Association of Supervisors with the recommendation that they too pass such a resolution in support of fees on developers. Howell suggested that copies of this resolution be sent along with a letter to the two State Representatives who are sponsoring impact fee legislation so that they know that Forks is in support of their efforts. It passed in a 5:0 vote.

PROPOSAL FOR ZONING CHANGE TO PERMIT A GROCERY STORY IN THE EMPLOYMENT CENTER DISTRICT - Hoff said that this subject was discussed at the last Supervisors’ meeting and at the Joint Meeting with the Planning Commission. He added that Kline was directed to prepare something for the Board’s review. Kline said that there is no commitment at this time. However, If the Board agrees to a zoning change, it must be sent to the Lehigh Valley Planning Commission for their input and then a public hearing must be held. Kline said that the fastest this process could take is 35 days.

Kline presented the Board with an outline of what the changes would be and explained to them what the ordinance would do. He said that in order not to "open the door too wide" he prepared (and Charlie Schmehl of URDC reviewed) a proposed new use for the EC district that would allow a grocery store as a conditional use.

Part I of his document defines grocery store and has a provision for drive-through services only for a pharmacy or financial institution. A gas station would be allowed on the same lot. The lot must be adjacent to both a collector road and an arterial road. The minimum lot size will be 5 acres and a parking space must be provided for every 220 square feet of gross floor area. Loading docks abutting a street must have a berm. The lot landscaping and parking must provide for safe pedestrian areas. Part II of Kline’s outline simply says that a grocery store is a new conditional use for the EC district.

Nicholas asked if this would allow 2 drive-throughs. Howell said he didn’t want any or people would be picking up their developed film at the pharmacy drive-through. Kline added that the big issue that must be satisfied is "traffic." Howell asked if the Board went ahead with this now, would the next opportunity for public input be at the formal hearing? Kline explained that this is not a zoning challenge and that there is "no clock running here." The Board is free to refer this back to the Planning Commission.

Hoff asked Howell if he is concerned that they are going to see a "land development" without the PC having input. Howell said that he is concerned that once the process starts, it is very difficult to stop. He said that most people in the Township would love to see another food store but this is not a regular food store, it is an "upscale" one. He added, "The only time we will see what we are getting is farther down the line after we’ve passed an ordinance." He said that the developer represented "upscale" as having organics and a bakery. And, he noted that Giant has organics, a bakery and an in-house café - and Giant is not an upscale store.

Howell said that farther down the road the grocer could be unveiled as a Weis or a Redners or a Shop-Rite - and they will have been given the "right" to build there. Howell said that this is going too fast because of the lure that it is an "upscale" supermarket and he felt that if that is the case, there should be some disclosure. He said that usually planners know what is coming in before a statute is changed. Howell stated that he would like it sent back to the planners so that they can ask more serious questions, bring their findings/recommendation back to the Board, and then the Board can decide whether or not to change the ordinance.

Hoff asked Kline how far the Board can go to tailor the ordinance to a "specific, agreeable store." Kline replied that they cannot make an ordinance to only allow a Wegman’s. They can make one that will regulate a particular use but not a particular store. Howell again said that they should know who the players are since this could become the busiest intersection in the Township approaching what Rt 248 is like near Wegman’s/Sam’s Club. Kline said that the developer can tell the Board who the players are right now but there is nothing to prevent them (the player) from changing their mind. Kline used the upscale malls in Bethlehem Township and Upper Saucon where the zoning changes were approved and no leases were signed. Howell said that Kline made a good argument for voting against it.

Ackerman said that they must decide if they want a grocery store no matter who it is. Howell said that they already made that decision in the original zoning. Pete Rossi (resident and Zoning Hearing Board) said that what the people of the Township want is a "choice." He said he didn’t care what grocery store goes in there. He added that when he worked on the Township Comprehensive Plan years ago, they screwed up Town Center (where grocery stores are supposed to go) when they lost valuable space to Zawarski’s town homes and the Giant put a deed restriction on the Laneco property. Rossi said that this is more a "corrective amendment" to allow a grocery store in the EC district. He said that this is best place for it.

Rose Randazzo, speaking for her company, SamCar, said that she had some data for the 5 mile radius study but it is not complete. She said that there are another 600 new units (1600 people) added to the 5 mile demographic but she doesn’t yet have the 5 mile demographic. Ackerman noted that this represents only what is on record and not what could come down the road. Randazzo said that that is right since there’s a lot of farmland there and residnetial developers are trying to procure it for residential development. She added... "and that’s a good thing."

Nicholas said that if people are going to be told that it will be an upscale supermarket that an upscale supermarket better be delivered. Randazzo said that the type of grocers coming to them are coming because of the $55K median income demographic and that to her "anyplace that she can have fresh baked goods, fresh seafood, a sit-down café, a pharmacy option and fresh produce every day" is upscale. She added that she loves Wegman’s but they are not interested in Forks (since it’s too close to their nearest store and wouldn’t fit on this site.) Nicholas said that the word "upscale" should be dropped. Howell said that he agrees with Nicholas.

Randazzo said again that they cannot procede with negotiations with any of the interested parties without a zoning change. She then said that all of the grocers she is speaking with are looking at a site in Nazareth. They prefer the Forks site.

The developer offered to go back before the Planning Commission to re-address the traffic and agreed to drop the word "upscale." Planner Jim Wideman said that all the planners would like to see the plan again since there were traffic issues as well as architectural design issues that should be addressed. He added that the planners do not want to see something that looks like the old Laneco.

It was decided in a 5:0 vote to direct Kline to draft an ordinance without "drive-throughs" to be sent to the Planning Commission for their review an comment (at their next meeting on May 11). The Board will consider this again with PC comments at their next meeting on May 18.

NEW BUSINESS

FORT JAMES LOTS 21-SC LOT LINE ADJUSTMENT/FINAL PLAN - Hay explained that this is a minor subdivision to square off the lots. It passed 5:0.

PANOVEC LOT 2 MINOR SUBDIVISION/FINAL PLAN - Hay said that this minor subdivision is across from the Pheasant Ridge pond. It was approved 5:0.

ORDINANCE 297/LOCK BOX-2003 INTERNATIONAL FIRE CODE - Kline said that this ordinance is in two parts, one to adopt the lock box system and one to adopt the 2003 International Fire Code. The lock box system allows emergency personal (police and fire departments) to have access to all buildings (in the event of an emergency). The keys to the lock box would be locked inside the emergency vehicles and could only be opened by a call to 911 (911 would send out a signal to unlock the box). That key could then be used to gain access to the locked box(es) on the outside of individual buildings. There would be a record kept by 911 of who called and when they called. This would be mandatory for all Forks buildings in excess of 5000 square feet.

Weis said that this system is endorsed by fire and police departments nationwide. This system allows for quick entry and minimal property damage. He said that the key(s) would only work in buildings in Forks Township.

Ackerman expressed reservations about the mandatory requirement. Weis said that most businesses are for this. Kline said that education is very important so that business owners understand what it does. Weis explained further that with this system, a business is re-locked when the emergency crews leave so the business is still secured, unlike if a bolt cutter is used or if they must break in some other way.

Businesses will be alerted by letter after the ordinance is adopted and they will have six months to comply and to ask questions. Kline said that the ordinance will be posted on the website and that this was a request for advertising the ordinance for adoption.

Nicholas said that she is concerned that two things are under one ordinance. She said that she would have no trouble voting to adopt the International Fire Code but the lock box is more controversial. Ackerman said that he would have no problem with this if it were voluntary. Weis said that many insurers are making lock boxes mandatory. Nicholas said that she doesn’t like the idea that the government is telling people what to do with their own businesses.

Authorization to advertise the ordinance was passed in a 3:2 vote (Nicholas and Ackerman were the "nay" votes.)

MUNICIPAL COMPLEX DEDICATION/OPEN HOUSE - Alex Gale said that the important punch list items will be done by June 10th. Many of the Supervisors are not available that day due to prior commitments. They will all consult their calendars and come up with another date at the next meeting.

RESOLUTION TO REMOVE TWO STREET LIGHTS/MET-ED - Kline explained that there are two street lights no longer needed in the driveway since the new park will be "turned the other way." It passed 5:0.

RIVERVIEW ESTATES WEST PHASE 2 DEVELOPERS AGREEMENTS - Kline added this and said that everything is in order. It passed 5:0.

EXECUTIVE SESSION - The session was held to discuss a real estate matter and a personnel issue. There was no action taken during the Executive Session but there was a vote taken after it. The Board voted 3:2 to build an emergency access road to Gollub Park. (Miller and Howell cast the nay votes.) It also voted 5:0 to advertise a 28 hour per week position for a cleaning person for the Municipal Building and the Police Department. The meeting was adjourned.

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