On March 10th, the Zoning Hearing Board heard a variance request for a car wash and lube shop on Town Center Boulevard. The zoners were not convinced of a hardship and voted unanimously against the request. Read the meeting Minutes here.
For details read Madeleine Mathias' (Morning Call) thorough account of the meeting.
The Board of Supervisors meeting began with a moment of silence for Elwood "Tiny" Smith, a lifelong resident of Forks, a former Forks Supervisor, and lifetime member of the Forks Fire Department. Mr. Smith passed away on March 1, 2008.
This night Supervisors considered and voted against an audit of Forks EMS. Read more in JD Malone's Express Times article.
The Supervisors also voted to adopt Ordinance 309, the Farmland Preservation Tax Millage Freeze. Currently the only farm in the Township that qualifies is the Elsie Louise Brown farm. At least one other has filed an application to become a preserved farm. If it is accepted by the County, it too, will qualify for a tax millage freeze. For more background, see JD Malone's post on the (Express Times) Easton Area Blog.
Supervisors' Comments
Supervisor Nicholas said that she asked Finance Manager Jim Farley to prepare a report of last year's budget (by departments) so that she (and the Board) can see where the budget was over and under. She would like to know "where we went wrong and how to make it better." The Finance and Administration Committee will review the report first.
Supervisor Egolf reported that he and Supervisor Chuss attended PSATS (Pennsylvania State Association of Township Supervisors) training workshops on February 2nd and 9th. He said that the sessions were "informative... and long."
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 $7,911,513.
Standing Committee Reports (meetings are open to the public - see the Township calendar for dates and times)
Township Manager's Report - Schnaedter - introduced Sarah Marten, Director of Community Relations of the Lehigh Valley Iron Pigs. She said that the Phillies are interested in community involvement and she is passing the first pitch ball through all the LV communities. Chairman Howell pitched to Schnaedter who caught the ball successfully. The official season begins on April 11th.
Schnaedter said that he was approached by a representative from a Forks business who wanted to know if the Board would be interested in initiating a business association. He described it as informal and asked if the Board would send a representative to the inaugural meeting. Chuss asked if more than one Supervisor may attend. He said that a group like this is one of the recommendations in the draft Comprehensive Plan. Both Howell and Chuss volunteered.
Schnaedter reported, too, that two grant applications have been submitted and that the DPW is working at Gollub Park.
Engineer's Report - (Ryan) Christman - agenda items only.
Solicitor's Report - Kline - reported that the Northampton Court of Common Pleas upheld the Township decision to allow a grocery use in the EC. The issue was threefold:
The challenger, Scott Gingold, has thirty days to appeal. If he does, the case goes to the Commonwealth Court.
Kline said that he was in contact with Weis Market representatives and that they are looking forward to starting (construction).
Comments from the floor - None.
NEW BUSINESS
Community Center Fitness Room Access System Proposal - Farley explained that this proposal is to install a swipe card system to prevent use of the fitness rooms by folks who do not pay. The rest of the complex is on a Simplex/Grinnell system and this would piggyback on it. The cost is $8,000 (plus) and the money is accrued from last year. The roll call vote was 5:0 in favor.
Fort James III - Lot #17 - Weyerhaeuser Land Development - Final Plan - Project engineer Steve Pany presented a summary of the plan to the Board. It is a rail served site with 100,000 square feet of building - for lumber storage both inside the building and in the yard. Weyerhaeuser expects to send out 25 trucks per day to retail destinations and employ 27 people initially. Future expansion could take the employee total to 50. The Board roll call vote was unanimous (5:0) in favor with conditions. The conditions include the engineer's letter and that the emergency access road will be maintained and plowed (by Weyerhaeuser now and the owner of lot 1 when that lot is sold). See the Express Times March 7th article for more.
Meyner Center of Lafayette College - Proposal to Survey - Tabled.
Ordinance #309 - Adoption (Farmland Preservation Tax Millage Freeze) - Kline explained that Maria Bentzoni, the Farmland Preservation Program Administrator for Northampton County addressed the Board on February 7th. She detailed the program that will allow millage rate freezes on approved preserved farms in the county and said too, that in order to work, the all three taxing bodies must "join in." So far, Northampton County is on board. The EASD has yet to commit. At this time, only the Elsie Louise Brown farm is in preservation and qualifies. Another farm has applied but has not yet been accepted. The ordinance was properly advertised and the roll call vote to pass the ordinance was unanimous, 5:0. Kline will send a copy of the ordinance to the County and write a letter to the school district encouraging them to adopt a resolution. He said that the EASD has the most to gain by preserving farms - fewer new homes and thus fewer new students. Egolf suggested that because Mr. Kish is the "acting" Superintendent, that copies be sent as well to all EASD board members.
Jim Wideman (resident) asked Kline the millage freeze would apply to land preserved through the Heritage or Wildlands Conservancies. He wondered if it was just for land preserved through the counties. Kline replied that he thought the ASA (Agricultural Security Area) provision would cover those preserved lands as well.
Establish Fire Department 2008 Idle Rate - Schnaedter said that this item was discussed at the Public Safety committee meeting and Fire Chief Bryan Weis suggested that the Federal reimbursement rate of 50.5 cents per mile be used for actual mileage used. And, although the FEMA rate for idle time is $19.90 per hour, Weis suggested $3.98. Weis uses his personal vehicle for fire events and idles it while on scene to keep electronic equipment running. Nicholas wondered why the billing couldn't be done quarterly as it would cut down on record keeping for the office.
Chuss made a motion that both the IRS rate for mileage and the requested idle time rate with a cap at $3,500 per year be approved. Nicholas said that the cap was not right. She said that last year it was $800 and was raised to $1,600. Nicholas said too, that the fire department was over-budget last year. Chief Weis said that the Fire Ordinance indicates that the cap is to be approved annually and his letter is asking that the cap be changed to match the budget line item of $3500. Nicholas said that there are other items in the budget line item than just the idle time cap. She warned that they better start looking at the budget.
Howell offered that the fire department is staffed with volunteers and that no car is provided. He thought it counter-productive. Howell said that the Township is spending a lot on public safety (new police officers and modular furniture for the PD) and not on fire department payroll. Howell asked if the Board is saying that if the cap has been met, Chief Weis will not be reimbursed for his expenses at additional fires? Egolf expressed his support and reminded everyone that the Chief and Assistant Chief use their personal vehicles and pay for wear and tear, new tires, etc. He thought it a bargain compared to the Township buying and maintaining two additional vehicles.
From the audience, Sandy Hanks asked, "Why is it necessary to idle your car to run the computer? Don't you have a battery?" She said that she was against raising the cap since it was done just last fall. Chuss said that the rates are used by companies all over the country and are very fair.
The roll call vote for the new rates and cap was 4:1 with Nicholas casting the nay vote.
Authorization for Forks EMS Audit - Chuss explained that it has been a year since the Forks EMS reorganized and there are concerns about its current finances. He said that the $20,000 township payment has been restricted to paying Suburban EMS for monies due them if the funds are distributed at all. Chuss said, too, that the EMS president thinks an audit would be beneficial. Chuss suggested using Forks auditors, France, Anderson, Basile & Company, P.C. He thought the cost of the audit would be between $3,000 and $5,000. Chuss' motion was to get approval to seek bids/proposals to audit the year end financials of the Forks EMS and to approve spending $3,000 to $5,000 from the general fund to do the audit. If the amount exceeds $5,000, the audit will not be pursued. The auditors will be determined in discussions with Forks EMS and the Township. Egolf seconded the motion.
Nicholas asked what will be done with the audit information. Chuss offered that the audit will verify accuracy and will help restore confidence. If the audit uncovers errors, it will help the EMS to correct and properly record their data. Nicholas asked why are we spending taxpayers' money to find out that they are losing money every month? Will there a decision that will be made at the end of the audit? Chuss said that no, he didn't anticipate that. Nicholas said, "So we are paying for an audit and there will be no decision made?" She said that Farley has looked at the paperwork from the EMS. Farley confirmed that he has and that an audit (of an organization without six to eight years of records to examine) can only find material misrepresentations or compromised practices. He said that the monthly statements submitted speak for themselves.
Howell offered that Forks EMS is the Township authorized BLS (basic life support) provider and is required to give monthly asset and liability and income and expense statements to the Board. Farley has taken the monthly statements and consolidated them. The submitted reports are prepared for the EMS by a CPA but they are not certified reports. Howell asked Farley if he thought the reports accurately reflect the condition of Forks EMS. Farley replied that he thought they did and that the numbers are not "good." Howell said that if the Mr. Kuhn (the CPA and a member of the EMS board) had a bias the reports would look better than they are. The numbers show that Suburban is now owed $30,000. Howell said that the service being provided by Forks EMS is as it should be and they say that "they will continue until they can't."
Morris Metz (former Supervisor and one of the founders of the Forks EMS 36 years ago) said that he has more than a "glimmer of hope" that the EMS will be successful. He has been asked to return to the squad as a director and he accepted. He said that what the squad needs now is the support of the Supervisors and the support of the citizens of Forks. Mr. Metz said that there will be an open house in early April (after one year of service) and that he supports them 100%. Forks EMS saved his life in 1986.
Gretchen Gerstel offered that she heard that 16 people in the EMS are being paid. She said that she doesn't know if that's true. Gerstel said that in her opinion an audit is not necessary. Howell said that the trained medical personnel and the administrator get paid. Nicholas said that there are 16 paid and only one volunteer. She said that no one is questioning whether the EMS is doing a good job. She said that paying money for an audit will not do any good for anyone.
Egolf said everything he is hearing in the discussion is punctuated with with a question mark. He thought that the audit might answer some of the questions that have been raised and would be beneficial to the Township and the squad.
Miller said that he's known John Kuhns (the accountant) for 30 years and he believes the figures provided are accurate. He said that he supports the emergency squad and does not want to see them go under. Miller said that he'd rather take the $5,000 and add it to the $20,000 and give them $25,000. He thought that would be a better way to spend taxpayers' money.
The roll call vote for authorization to get bids/proposals for an audit (as noted above in the motion) was 2:3 with Miller, Nicholas, and Howell casting the nay votes.
EXTRA: Erik Chuss announced that the Kiwanis is having Breakfast with the Easter Bunny on March 15 from 9-11:30 AM at the Career Institute of Technology (CIT). Admission is $6 for kids over 12 and $4 for kids 2-12 years.
Morris Metz thanked the Supervisors and the Township for the WWII plaque restoration. Metz said that is is a tribute to all those from Forks who served in WWII. He said that it was in his barn for three years or more until someone came up with the idea to restore it.
Howell reminded everyone that the "rogues gallery" of Supervisors photos is on display in the hall and that Morris Metz and Elwood Smith are in the photos.
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.
The following is a reprint from the FAC website:
On Monday, February 18th at Round 1 of the KMRD, LP Procedural Challenge (large file), attorney John VanLuvanee had his co-attorney, Kellie McGowan testify to her review of township records regarding the 2001 and 2006 zoning ordinances principally obtained from right-to-know requests. VanLuvanee said that her testimony would show that he was not on a “fishing expedition” but rather on a systematic record search, which also included the public library archives of Express-Times legal notices filed by the township.
VanLuvanee’s ultimate intent was to get the Zoning Hearing Board (ZHB) to issue a subpoena for all zoning ordinance documentation back to 1983. Independent of this request, ZHB Solicitor Michael Shay noted that there may be issue of “standing” since KMRD did not own land in the township at the time of the enactment of the older zoning ordinances.
The ZHB ruled not to issue a subpoena at this time but to instead consider the procedural challenge of zoning ordinance 2006 before making that decision. Since the Township had previously provided KMRD with 300 pages of documentation pertaining to the enactment of the latest (2006) zoning ordinance, attorneys for the township requested that it be allowed to present testimony to rebut the KMRD claim of procedural errors in its enactment.
The Township's position is that if the 2006 zoning process is deemed correct, then there is no reason to look back as the ordinance is valid. KMRD, on the other hand, maintains that there have been errors of procedure that would negate all zoning ordinances adopted after 1983. Thus, the principals of KMRD believe that they should be allowed to build under 1983 rules. The ZHB agreed with the Township and requested KMRD to proceed with only the 2006 ordinance challenge.
In testimony that followed, Ms. McGowan alleged that the public hearing for the 2006 zoning ordinance was not proper because the summary legal notice published in the Express Times prior to the hearing was not consistent with MPC (Municipal Planning Code) standards. This is KMRD's only issue with the 2006 zoning ordinance procedure. The legal notice was drafted for publication by Forks Solicitor Karl Kline.
The evening's proceeding ended before the Township could put Karl Kline on the stand to refute the claim of error and to provide testimony as to the sufficiency of the legal notice. Attorney Kline will testify at Round 2 on March 24th.
Ms. McGowan concluded her testimony by stating she was a principal in KMRD, LP as well as being an attorney in the law firm of Eastburn & Gray, PC (the same Doylestown law firm that employs VanLuvanee.)
VanLuvanee asked that the hearing resume on March 24, the date originally reserved for Round 20 of the substantive challenge, instead of March 31 as scheduled. The ZHB granted the date change. Round 20 will begin on the same night, time permitting. March 31 and April 21 have also been reserved for the substantive challenge.
Morning Call reporter Madeleine Mathias' thorough article is a must read!
The Board of Supervisors was asked by Police Chief Dorney to appoint three new police officers. Two will fill vacancies created by recent resignations and the third will fill a new position called for in the department five-year plan. Two other officers were promoted, one to Captain and one to Detective. Read more below and in articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call). The police department appointments were moved from the NEW BUSINESS section of the agenda to the beginning of the OLD BUSINESS section at the request of Chief Dorney.
Supervisors' Comments
Chairman Howell said that he attended the hearing held by Representative Freeman on H.B. 2018, the bill to allow municipalities with greater than 17% tax exempt properties to share in monies collected for a liquor tax (that currently goes into the PA general fund). This (now) 18% liquor tax was originally enacted to help with the 1936 Johnstown flood. It was never repealed. Large amounts of tax exempt properties put an inordinate burden on the infrastructure to serve all the citizens. Howell provided the Board with some examples and cited Gettysburg, where 79% of the property is tax exempt because of the Gettysburg College. He said that Gettysburg would be entitled to a $702,000 payment. Howell said that Finance Manager Farley is putting something together for the Finance & Administration Committee to determine whether the proposed legislation may benefit Forks. Forks has schools, churches, parks, the Municipal Complex, the airport, etc. that are all tax exempt. At the least, the committee will determine whether or not to recommend that Forks endorse the legislation through resolution. The endorsement would be passed on to Reps. Grucela and Freeman to show support for their efforts.
Supervisor Miller updated the Board on the Bushkill Streams Conservancy's work to thwart further destruction by the two beavers that have been spotted near Lion's Park. Eighty seven (new) trees now have wire fencing around them.
Miller also said that an Antique Knife & Sword Show is coming to the Community Center September 27-28. There will be exhibits of military swords, antique daggers, and more. The show's sponsor is printing 10,000 flyers.
Supervisor Nicholas reported that she attended Boy Scout Troop 29's meeting and gave a talk on "their constitutional rights." She said that she was approached by at least five potential Eagle Scouts who are looking for projects. One of them, Sterling Pennington (sic) has volunteered to "do the parking lot at Gollub Park." Nicholas said that his good ideas include putting in a guard rail, a retaining wall, and a trail map. Nicholas said, too, that she asked DPW Director Roberts for ideas and he said the parking lot by the catch & release looks "ratty." Nicholas will try to get one of the scouts to improve it.
Nicholas said that she and Howell walked Gollub Park last weekend just to check it out. She noted that there are remnants of a pavilion there and that it, too, may be a good Eagle Scout project.
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 $7,927.858.
Standing Committee Reports (meetings are open to the public - see the Township calendar for dates and times)
Township Manager's Report - Schnaedter - reported that to date no action has been taken on the Gollub Park emergency access road but work should begin on Monday. Roberts (not present) has obtained a cost estimate. Nicholas asked if something could be done about the PRIVATE DRIVE / NO TRESPASSING sign on a tree there. She asked Kline if the Township can take it down. Kline said that it is misleading and that someone should first talk to the residents and tell them they need to take it down. Schnaedter has been assigned the task.
Schnaedter reported that he has received the DCNR grant application. He hopes to have a recommendation to the Board at the first meeting in April. He and Miller are working on it.
Also, Schnaedter commended the work done by the employee run "resurrected" Safety Committee. All departments are represented on the committee. The charge is to identify potential workplace hazards. He cited Pete Gheller (last year's chairman), Sean Quick (this year's chairman), Irene Hess, Loretta Fuehrer, Don Miller, Steve Nicholson, Jim Seiple, and Tim Weis. Acknowledgements (of appreciation) were presented to all. Weis and Miller received theirs at the meeting.
Schnaedter said that on February 13th he received a fax from Northampton Emergency Management Services asking that he select one of two proposed projects for funding consideration. Forks will have to provide a 25% match. He said that he only had until 4 PM that day to respond and consulted with (assistant Emergency Management Coordinator) Tim Weis. They opted for a new drainage pipe in the 100 year flood plain area of Kesslersville Road. The estimated total cost of the project is $250,000. The other project offered was to replace and install new culvert in the 2900 block of Sullivan Trail. Weis explained that these projects were identified by the Lehigh/Northampton Joint Hazard Mitigation program that he was involved in last year. Projects were identified in the event that Federal money became available. Some funds are now available - but receipt is not guaranteed.
Engineer's Report - Hay - asked the Board for permission to put the fire training facility specs out for bid. The facility will be located on Glover and Kuebler Roads. Egolf asked what the building will look like. Chuss gave him a sketch.
Resident Sandy Hanks asked why Forks needs its own facility when there is one ten miles north in Washington Township? Fire Chief Bryan Weis explained that the entrance is narrow and they can't get all the vehicles in there, in particular the ladder truck. Chief Weis added that the ten miles creates a significant response time delay should they be needed in Forks. He said too, that there has been a 337% increase in calls in the past eight years and that the new facility will also bring in outside agencies for training.
When questioned about the estimated cost ($350,000 to $400,000), Weis said that the fire company has been planning for it for several years (it is in the five-year plan) and has committed to pay for half of it. The company has received many grants and has more grant active applications in the works.
It will be a state of the art facility. The next nearest comparable one is in Bucks County. Chuss added that the facility is budgeted and because it will not be for exclusive Township use agreements will be worked out to recoup the money.
Ms. Hanks said that the PA State Planning Board report recommends shared municipal services. Howell said that it is virtually impossible to get the COG (Council of Governments) to do anything regional. He said that within the Two Rivers COG different municipalities have different kinds of fire companies or none at all. Some of the companies are union, some are paid, some are volunteers - "a hodgepodge of incorporated departments." Howell said that at the PSATS meetings, "regionalization" is a very easy thing to say but it is extremely difficult to accomplish.
Weis added to that the Washington Township facility is operated by and used by Northampton Community College.
Nicholas asked Hay to put a price hold time limit in the bid package. The Board approved the solicitation of bids in a 5:0 vote.
Solicitor's Report - Kline - agenda items only.
Comments from the floor - None.
UNFINISHED BUSINESS
Hiring of (3) New Full Time Police Officers - Chief Dorney nominated three individuals to fill the two vacancies created by resignations and the one vacancy already in the budget. The Board accepted all nominees in a 5:0 vote. The new officers are James Rovinski, Joe Kizer, and Brandon Schippers. For more details, please read the February 22, 2008 articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call). The new officers begin their jobs on March 2. Chuss expressed thanks to Chief Dorney for his extensive work to find and field the candidates.
Promotion of Police Captain - The Board approved the promotion of corporal Richard Griffo to captain. The position, last held by Lou Coxe, has been vacant since 2003 when Coxe resigned. The promotion is effective March 2nd. The vote was unanimous.
Promotion of Police Detective - In another unanimous vote by the Board, officer Joe Effting was promoted to detective. This promotion is also effective March 2nd.
Recreation Path - (This is for a recreation path plan for Riverview Estates.) Howell said that the Planning Commission (PC) has considered three options and settled on one to recommend to the Board. In the PC recommended plan the path runs along the north side of Winchester from the nature trail to Broadway where it continues west on the south side of Winchester. Howell added that the PC is considering a broader trail system and that will be presented at a later date.
Chuss said that his thought is that since the revised Comprehensive Plan is so close to being adopted that the Board should wait until it is adopted. Winchester Drive is to be a minor arterial road and he thought that the Board should designate a recreation path on both sides from Frost Hollow to Richmond, putting it on the map (in the Comprehensive Plan) so that residents know that the path may be built.
Howell noted that discussion should be limited to Riverview and asked, "What is Strausser's responsibility? Hay explained that the sidewalks (per plan) will be on the south side of Winchester from Iron Run to Ramblewood and then (west) on both sides. There is still a gap from Broadway to Iron Run.
Chuss offered that per the new zoning ordinance there will be sidewalks on both sides of newly approved developments. John Ackerman (former Supervisor) commented that sidewalks are added when land is developed and not on undeveloped land.
Dean Turner (Planning Commission Chairman) clarified that the Comprehensive Plan will undergo final PC review at the workshop next week (February 26th at 7 PM). The PC public hearing is scheduled for the PC workshop in March. The Comp Plan then goes to the Lehigh Valley Planning Commission (LVPC). Chuss said that the Board of Supervisors will review it at their first meeting in April.
Nicholas offered a motion that the Board look at the entire recreation path system and prioritize sections for action. She noted that there are gaps.
Howell clarified that it is a motion to table until after the approval of the Comp Plan after which the entire trail system will be prioritized. In discussion, Egolf asked, "Who will prioritize?" Howell answered that the Parks and Recreation Committee standing committee will do that. Egolf remarked that he would like PC participation as well. Miller said that the Recreation Board cannot be left out either and they should have a part in this. Howell said that the motion is simply to table this agenda item and reconsider it after the Comprehensive Plan has been approved.
Egolf thought the motion too complicated. Kline suggested that it be two motions.
So, the Board voted 5:0 to table any consideration of the recreation path system until the Comprehensive Plan is approved by the Board. Next the Board voted 5:0 to determine the input it will receive from the PC and Recreation Board in order to prioritize the building of the recreation path system - after the Comprehensive Plan adoption.
Turner said that in the past, PC workshops were used to prioritize projects. He suggested that all three groups, the PC (at workshops), the Parks and Recreation Committee, and the Recreation Board use their meetings to put together a priority list. Howell said that the Board will do its best to coordinate the PC, the Recreation Board, the Parks and Recreation Committee, and any other interested citizens.
Resident Gretchen Gerstel commented that the Forks Township "should have told the developers where Forks wanted the paths and not let the developers say where they wanted to put them."
Penn's Ridge/Commercial Land Development - Kline explained that the developer was before the Board at its last meeting and that everyone is familiar with the proposal. He said that the developer is agreeable to the all the conditions. (For more details on the Penn's Ridge commercial project - a 10,000 sq.ft. strip mall on Bushkill Drive near the Kesslersville Road entrance to Penn's Ridge, see the FAC Projects page, Penn's Ridge.) The land development was conditionally approved (to include the engineer's letter and the PC recommendations) in a 5:0 vote.
NEW BUSINESS
Ordinance 309 - Farmland Preservation Tax Millage Freeze - Howell introduced this item by recalling that at the last meeting, Maria Bentzoni, Farmland Preservation Program Administrator was before them and outlined Act 4's provisions and that the Board asked Kline to prepare this ordinance.
In review, Kline said that "the ordinance will establish a real estate millage rate freeze on certain eligible property" in Forks and that there are four conditions that must be met:
Kline noted that there is nothing in Act 4 that says that the freeze "runs with the land forever."
At this time only one farm in Forks has been acquired by the County, the Elsie Louis Brown farm. Egolf asked Kline how the properties are identified. Kline explained that the County is trying to acquire properties but has a limited amount of money. In an effort to get the "most bang for the buck," they may be trying to preserve more farms to the north of Forks where the land is less expensive. Kline added that there are two farms in Forks that have submitted applications. Chuss commented that he thinks this is a great thing to do to help preserve farmland in Forks.
Ackerman said that there is one farm in Forks that has an application in but although he knows who it is, he is not going to say. He said that applicants are not identified because it may cause other farms to submit applications and mess it up for the ones already on the list. "...they don't have enough money to go around."
The Township will send a letter to the EASD telling them of the new ordinance. In a 5:0 vote the Board authorized the advertising of the ordinance. It will be considered for adoption at the March 6 meeting.
Fire Department Presentation - Fire Chief Bryan Weis presented the Fire Department 2007 Year End Report. It is available for download on the fire department website. Weis said that he has been a member of the fire department for fifteen years, the last seven as an officer. Weis said that he works from home for a company that does database design and is in the Township most of the time - and can respond to calls.
Weis said that of last year's 564 calls, the majority (26%) were for vehicle accidents. On average 500 hours a month are spent on incidents and another 500 are spent on other activities (training, maintenance, fire prevention, etc.)
Calls in Forks were 82% of all calls. Stockertown calls totaled 55 (or 10%). There are mutual aid agreements in place and last year, outside agencies came in 16 times. Two thirds of the calls are daytime calls (between 6 AM and 6 PM). The fire company has 60 volunteers and is second in size (for volunteer companies in Northampton County) to Bangor.
Last year the company totaled more than 6600 hours in staff training, or 110 hours per firefighter. The average response time is 5.5 minutes. Forks' Incident Command System (ICS) is now the County standard.
In addition, Weis said that the company has an EMT (who can begin care before an ambulance arrives) and conducts fire prevention sessions at schools and daycares. In 2007 they addressed 1500 kids. The company is striving toward State accreditation by the end of 2008.
Weis said that another of the goals is to achieve and maintain an ISO (Insurance Services Organization) Class 1 rating. Right now Forks' rating is 5/9. The 5 is in areas with hydrants and the 9 is in areas without hydrants. Among other things, a Class I rating will result in reduced insurance premiums for all residents (and businesses).
In a community outreach program to businesses, the company is compiling a database (of maps, floor plans, hazardous materials inventories, etc.) so that it can do its job more effectively.
In the third quarter of 2007, the department applied for $291,000 in grants from the Department of Homeland Security. A grant for $22,000 was awarded by the State. The Forks Township Volunteer Fire Department Relief Association, which gets money from outside the State, has provided the department with equipment, training funds, life insurance premiums, insurance physicals (the cost of), etc. Fully 75% (or $135,000) of the department's operating costs have been paid for with funds from outside of the Township.
Executive Session - An executive session was to discuss a personnel issue and matters involving potential litigation. After the (one hour and twenty minutes) executive session, the Board voted 5:0 to grant an employee's request for extended bereavement leave - from the normal four days to six days. 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.
Board Vacancy Interview and Discussion of Commission Vacancies - Scot Abert was interviewed for the opening on the Recreation Board. He has been a Forks resident since 1999 and is active in the Athletic Association. He grew up in Williams Township where his father served on the Williams Recreation Board for thirty years. Mr. Abert said that he likes to think he can make a difference and that more can be offered in the way of recreation programs for older residents.
Planning Commission (PC) Chairman Dean Turner reviewed the process used by the PC to arrive at the two applicants the PC recommended to the Board, from PC participation in the formal interviews, to a PC workshop and executive session, to the final selection(s). (Note: The two recommendations were announced at the PC workshop, Nicole Viscomi Alexander and David Billings.) An email was sent to the Supervisors with the names and reasons for their selections.
Supervisor Chuss noted that the criteria used by the PC included "participation and leadership" in the Comprehensive Plan subcommittees and that the large younger population in Forks should be represented.
Read more in Madeleine Mathias' Morning Call report. The Express Times was not represented.
Supervisors' Comments
Supervisor Nicholas announced that Boy Scout Troop 29 is looking for Eagle Scout projects and asked that anyone with ideas for the troop call her at 484-239-0866. Chairman Howell asked what kinds of projects are being sought and Nicholas said that in the past the Eagle Scouts have done landscaping, bat houses, pathways and basically "projects where they build things."
Nicholas said too, that the next Community Days committee meeting is set for March 17th at 7:00 PM in the Community Center.
Supervisor Egolf said that he and Township Manager Rick Schnaedter attended the Better Models for Development in Pennsylvania (full day) workshop. Edward McMahon was the speaker. Egolf said of McMahon that he is very active in the state and nationally in getting communities to look at different ways of approaching development. Egolf said too, that the Township has several copies of McMahon's book and that if any PC member or (the general public) would like to read it, a way can be worked out to loan it. Nicholas said that she also has a copy that she will loan if needed.
Treasurer's Report - Robert 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 $7,929,292.
Standing Committee Reports (meetings are open to the public - see the Township calendar for dates and times)
Township Manager's Report - Schnaedter - said that he received a letter from Senator Rob Wonderling announcing that Forks was awarded $58,870 for its recycling program. He commended both Finance Manager Farley and Sharon Fisher for their efforts re. obtaining the grant.
Schnaedter also reported that a public works employee submitted his letter of resignation and that the position will be advertised.
The Historical Society has requested that their restored merchant's wagon be displayed in the Municipal Building lobby. After much discussion about the pros/cons - the size, insurance, how to keep people/kids off of the wagon, where it should be located, egress, the time period for display - it was decided in a 5:0 vote to have Schnaedter prepare a letter of agreement to the Historical Society (and submit it to Kline for review.) The letter will state the Historical Society's responsibilities.
Supervisor Egolf was elected in a 5:0 vote as the alternate representative to the TRCOG (Two Rivers Council of Governments).
Schnaedter reported too, that Congressman Dent sent a notice that 2009 grant applications for up to 55% funding of a project are due February 29th. Schnaedter recommended that the Township submit an application for funding of the amphitheater (bandshell) project. Nicholas asked if there is a time limit to use the grant money since the Township also needs a public works garage. Schnaedter said that the grants are for things in wide use by the public and that it's a "stretch to think we'll get it." He will prepare the grant and ask for $150,000 for construction only. It will not include the sound system or anything else. Confirmation that the application has been received will be in March and notice of award will be in December 2008.
Howell asked Engineer Hay about the specs for the air conditioner in gym #1 and whether the compressor will be internal or external. Hay said that first the load must be determined and then its location will fall from that.
Engineer's Report - Hay - no report.
Solicitor's Report - Kline - agenda items only.
Comments from the floor - None.
UNFINISHED BUSINESS
Executive Session - to discuss the applicants for the Recreation Board and Planning Commission vacancies and a personnel matter. Kline reported that no action was taken by the Board during the executive session.
Appointments to fill vacancies - Recreation Board and Planning Commission - The first appointment was to the Recreation Board. Miller made the motion to appoint Scot Abert. It was seconded by Egolf. In a 5:0 roll call vote, Scot Abert was appointed to the Recreation Board.
Planning Commission - Chuss made a motion to appoint Sharon Davis. Egolf seconded the motion. The roll call vote was 2:3 with the nay votes coming from Miller, Nicholas, and Howell.
Miller then made a motion to appoint David Billings. Nicholas seconded and the vote was 4:1 with Egolf casting the nay. David Billings was appointed to the Planning Commission.
NEW BUSINESS
Northampton County Farmland Preservation - Speaker Maria Bentzoni - Schnaedter introduced this agenda item and the speaker, Maria Bentzoni, Farmland Preservation Program Administrator.
Ms. Bentzoni said that they are requesting that the Forks Board of Supervisors support Act 4 and HB 87. Act 4 allows for a millage freeze for preserved property at the rate in effect at the time that the last entity signs on. Three entities must sign - the county, the township and the school district. So far the Northampton County is "on board." She is currently working with both the EASD and the (Nazareth) NASD.
At this time there is only one preserved farm in Forks, 103 acres of the Brown farm. Ms. Bentzoni said that another Forks farmer has filed an application for preservation. She said that the dollars removed from taxation are far less than the costs associated with development and additional children in the school system - a $6,000 deficit per child per year. In Northampton County that deficit is $9,000 on average.
Howell asked if there was an impact with Agricultural Security Areas (ASA - Act 43) and was told that there is no impact because ASAs designate a use - agricultural - and does not mean that the farm is preserved. Farmland Preservation is Act 149, a different program. The Act 4 program is strictly for farms that have sold their development rights to the State, County, or Township. However, a farm must be in an ASA in order for the county to purchase its development rights. It's the "starting point."
The Board learned that there are 84 farms preserved in Northampton County and that Lower Mount Bethel Township (LMBT) has the most preserved acreage - 2,603 acres. The Bangor Area School District passed Act 4 in 2006. Pen Argyl School District has passed it as have Williams/Wilson and Saucon Valley.
There are six other townships that have passed it: East Allen, Plainfield, Lower Saucon, Lehigh, Upper Mount Bethel, and Bushkill is expected to pass it this night.
Kline asked if the millage freeze is forever. The answer was that the Act is not specific and that as long as the law is active and not amended, there is no sunset clause. Kline also asked if the easements are in perpetuity and yes, they are. Bentzoni said that the farmland preservation easements cannot be reversed. Kline remarked that "forever is a long time."
Chuss asked about the size of the farms acceptable for preservation and was told that 25 acres is the minimum - or 10 acres contiguous to other farmed acreage is eligible.
Jim Wideman (former PC member) asked if there were instances were a smaller parcel producing $2,000 in receipts would qualify and was told that unless it is attached to a larger tract, it would not qualify for preservation. Wideman also asked if there were programs to extend county monies so that farms could be preserved today? Ms. Bentzoni said that there are three and five year installment plans and that the interest rates are paid based on market rates.
John Ackerman (former Supervisor) recommended that the Board approve the freeze because "you hear so many times that you want to preserve farmland - and this here should not even be a question. This should just be voted in because if you want to really preserve farmland then help the farmer out." Ackerman also said that the farmer has to pay capital gains on the money given (the easement purchase) to them so anything the Board can do to help the farmer is the way to go.
Ms. Bentzoni said that they are working with the federal government to reduce or eliminate capital gains on development rights purchases.
Howell remarked that it's a "no brainer" to help Forks farmers who've resisted the "lure and gold and continued to farm."
Nicholas made a motion to have Kline write an ordinance to support Act 4 (was House Bill 87). Chuss seconded the motion. The vote was 5:0. Applause!
Center for Animal Health and Welfare/2008 Service Agreement - Schnaedter said that the Center for Animal Health and Welfare changed the contract from previous years and in addition to raising the per animal fee from $40 to $50 (per day per animal), added "cats" to the list of eligible animals. The attorney for the center was contacted and he said that concerned municipalities can simple remove the term "cats" and initial the change and return the signed contract along with a cover letter indicating the Board's direction. Chuss' motion that the Board go with the recommendation of the manager and include the cover letter was approved in a 5:0 vote.
Correspondence - Howell said that the Board received a letter from Alan McFall (solicitor for the EAJSA) stating that Wilson Borough intends to sell capacity to Williams Township. Howell asked, "Are we interested or not?" Kline commented that the Board looked at its needs last year and acquired 150,000 gallons per day capacity from Wilson.
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.
The Planning Commission met in a workshop session January 22nd to review the near-final draft of the Comprehensive Plan rewrite.
Discussion of the five applicants for the unfilled Planning Commission seat took place during an end-of-workshop executive session. Secretary John Castrovinci read the names of the commissioners' first and second choices - to the audience - Nicole Viscomi Alexander and David Billings.
The Board of Supervisors will make its selection from the full five applicant field at its meeting on February 7th.
Forks Township's Board of Supervisors in a 5:30 PM workshop, interviewed one candidate for the Zoning Hearing Board vacancy and five candidates for the lone slot on the Planning Commission. (Planning Commission members were included in the PC interviews and will make a recommendation to the Board at a 7 PM workshop before the February 7th BoS meeting.) The sole candidate for the Recreation Board was unable to attend the interview session.
A good portion of the regular meeting was spent discussing the Riverview recreation trail(s), specifically along Winchester Drive. Read JD Malone (Express Times) and Madeleine Mathias (Morning Call) for more on the recreation trail(s). We did learn from Township Manager Schnaedter that there is a varmint (a.k.a. beaver) in the Bushkill creek feasting on the new plantings at Lions Park. And, we learned that Forks is getting a post office substation inside the Ace Hardware. Read below for more details.
Supervisors' Comments
Supervisor Nicholas announced that the Forks Community Days committee will be meeting on Monday, January 21st at 7:00 PM in the Community Center. Anyone who wishes to volunteer and help out should come to the meeting. For more information, Nicholas suggested contacting Sue/Harry Bennett and said that contact information is on the website.
Treasurer's Report - Vice Chair Erik Chuss filled in for Secretary/Treasurer Bob Egolf (who was on vacation) and detailed the debits (cash paid out) since the last Supervisors meeting. The debits and transfers were approved with a 4:0 vote.
Standing Committee Reports (meetings are open to the public - see the Township calendar for dates and times)
Township Manager's Report - Schnaedter - said that he received an invitation for the Board of Supervisors to the open house and ribbon cutting for the new Forks post office (substation) inside the Ace Hardware store. The ribbon cutting is scheduled for 10 AM on Saturday, February 2nd.
Schnaedter also reported that he was contacted by the Bushkill Stream Conservancy because of what they thought was vandalism to the new trees on both (Forks and Palmer) sides of the creek. Zoning Officer Tim Weis, Schnaedter, and representatives from Fish & Game and the Conservancy investigated. It was determined that the vandal was a young rogue male beaver! The area will be sprayed with a non-harmful substance to ward off the beaver. No one could say for certain if it was Forks beaver, a Palmer beaver, or one that had wandered down from Tatamy.
There has been no resolution of the contract with the Center for Animal Health & Welfare yet. Schnaedter promised an update soon. The sticking point is "cats."
Engineer's Report - Hay - reported that the Bushkill/Arndt blinking light is energized and all the road markings are done. He believes the switch will be thrown on Monday or Tuesday. Hay also reported that the Meco/Sullivan Trail light is probably going to go in in the summer when school is out (because of traffic disruptions.) He spoke with the traffic engineer recently and they are still meeting on the PennDot "comments."
Solicitor's Report - Kline - agenda items only.
Easton Area Joint Sewer Authority - Liaison Report - Henning Holmgaard - reported that the letter written by Easton to the DRBC (Delaware River Basin Commission) and dated November 30, 2007 was presumptuous - Easton did not "copy" Forks. The Board had just received a copy. The letter was not read but Holmgaard did say that there is a sewer (EAJSA) meeting this coming Monday and that it will be discussed. He added that there is no reason for Forks not to support the letter since it will be very costly not to (support it).
Schnaedter said that the letter was just handed to him last night and that it is about the special protection water designation for the Delaware River. Schnaedter said that Allentown, Bethlehem, and Catasauqua have signed it. Kline will report further on this at the next meeting.
Holmgaard said that the I&I (infiltration/inflow) study will not be (one half) paid by the DEP as promised last year and that Easton will be in trouble because the older the system the more chance that it has significant rainwater infiltration. Holmgaard said too, that Easton cannot pay up front and will have to find the money somehow - from part of a EAJSA capital project. Holmgaard said, "I just don't think it's right but they have six votes on the board."
Holmgaard asked the BoS to direct the solicitor (Kline) to study the 1988 agreement with the EAJSA. He said that there are three agreements between the member municipalities and the EAJSA and that the 1988 one is the latest. In the 1988 one, Holmgaard believes, there is a provision for representatives based on capacity ownership. Holmgaard suggests enforcing this provision to increase Forks board members. Forks has purchased substantial capacity over the last few years. Easton has sold a lot of their capacity. Currently Easton controls the twelve person board with its six members. Forks has only one. Holmgaard would like to see a thirteen member board so that things can get done.
Holmgaard added that the sewer plant is "cash cow" for Easton since it is paid for treatment (Easton owns the plant - the EAJSA has the permit that allows dumping in the Delaware River) and Easton employees run it. As to the water treatment plant, Holmgaard said that ESWA pays Easton for water treatment and the plant capacity may not be there for it.
Kline will analyze the 1988 contract for the next meeting. Holmgaard offered that the minutes of the EAJSA meetings are not very descriptive.
Comments from the floor - East Elizabeth Avenue resident, Craig Ward, asked who owns the road in front of his house. He has issues with speeders. He was told to contact PennDot since it is a PennDot road. Chief Dorney said that Pennsylvania is the only state that does not allow local police to use radar.
UNFINISHED BUSINESS
Bike Path - Nicholas said that she had hoped to have the minutes of the January 10th Planing Commission (PC) meeting for this agenda item discussion. They are not yet available. The segment she wanted resolved was the Broadway/Winchester Drive section. It was cut by Strausser (at Hay's suggestion) from the old railroad bed walking trail to Broadway Road. It was returned to grass per order of the BoS on 11/1/07.
PC Chair, Dean Turner, reported that the PC consensus was that the path continue (on the north side of Winchester) west through to Broadway Road. The PC felt that a four-way stop intersection was a safer place to cross Winchester Drive. The path would then cross over to the south side of Winchester and continue west. Chuss said that the PC vote was 4:2. He however, recommends that the path be on both sides of Winchester Drive. He said that then it should be prioritized to determine what to actually build now.
Howell said that the Parks & Recreation committee is aware that there are gaps in the current trail system and that some of the gaps can actually be filled now. Regarding Riverview, the plans show what Strausser will and will not do. There is no path on the north side of Winchester (from Danser to Frost Hollow) on the Riverview plans. Howell said that he would like to have a complete plan of the Riverview trails before the Board to decide which gaps will be filled and for how much.
Nicholas said that she would like to know how much money has been budgeted for recreation paths and how many empty spots are in the trail system. She said she would like to see a priority list.
Miller said that there is no money budgeted and that the distance of the path and the cost (to the Township) must be examined. Nicholas added that the cost of maintenance has to be considered, too.
Hay said that Riverview plans were approved without sidewalks and that Strausser has installed a sidewalk on the south side of Winchester from Ramblewood to Iron Lane. Kline said that the plan shows no sidewalk on Winchester from Broadway to Iron Lane.
Howell said that there is money in the capital improvement fund from impact fees charged developers. Farley offered the amount - $1.8 million. Howell then said that the Township owes it to the residents to complete projects it has started. He stated that the all unfinished capital projects should be reviewed along with whatever new ones should be undertaken. Howell added that this will be the principal role of the Parks & Recreation committee in the early part of this year.
Nicholas suggested tabling the bike path agenda item pending a project priority review and the spending involved. She cited some of the recent recreation survey results - a bandshell and a pool - as things that require further review. Howell offered that there isn't enough money from impact fees to prepare a site for a pool. He added that a bandshell and refurbishing tot-lots (and other lots) will take priority.
Chuss said that there is no official document/plan for recreation in the area and that it needs to prioritized so that residents know (what to expect). Howell stated that the Township cannot do anything until the entire thing is planned.
Turner offered his personal (not the PC) opinion that the recreation survey is going to be part of the new Comprehensive Plan and that the Board take a look at the overall (rec) plan and spend wisely.
Nicholas made a motion that action be delayed until the Board sees the entire Township recreation trail plan. The vote was 1:3.
Chuss clarified his earlier suggestion that the path be on both sides of Winchester. He said it can be planned but not built at this time. Miller thought that would be okay since it doesn't say that it will be built. He added that a feasibility study should be done for a swimming pool. (It was number one on both the most recent recreation survey and on the one ten years ago.)
Miller motioned that the bike path agenda item be tabled until the approved PC minutes are available. This passed 4:0. It will be appear again - on the BoS February 21st agenda.
Zoning Hearing Board Appointment - Nicholas motioned that Robert Kimmel be appointed to the Zoning Hearing Board. Miller seconded the motion and the vote was 4:0 to appoint.
NEW BUSINESS
Vehicle Bids / Public Works Department - Roberts explained that the vehicles are to be purchased through the PA State purchasing program. They do not have to go out for bid. The funds are in the 2007 budget. In a 4:0 vote the Board agreed to the purchase of a John Deere backhoe ($91,600), a John Deere Gator utility vehicle ($9,668), and a Morbark brush chipper ($32,800). The old backhoe and old chipper will go the parks department for its use.
Penn's Ridge / Commercial Land Development - The developer presented concept drawings of the final phase of the Penn's Ridge project, the commercial land development. The whole plan was approved in 1997 and the commercial use was allowed. It is grandfathered. The developer is making an effort to comply with the spirit of the new Heritage Corridor zoning and showed a sketch with a building constructed of natural looking materials, a porch, an interesting roof line, and a stepped retaining wall with indigenous plantings. The tenants are as yet unknown but there will be 4 or 5 retail stores.
Kline reviewed the project's history. He said that in 1990 there was the first of a number of legal challenges and in 1995, after five years of litigations and 13 months of hearings, a settlement was reached. The settlement was contingent upon the developer submitting plans and getting approval. In 1997 the BoS gave tentative approval to the PRD and stipulated that the included commercial building was not to exceed 10,000 square feet.
Nicholas expressed a design concern - that she did not want to see large windows like there are in typical strip malls. Kline said that at the PC meeting last week, the developer committed to the style shown, including the pitched roof, and the indigenous plantings.
Miller asked about the planned bike path. He did not see it on the plan. Hay confirmed that it is on the full plan set. Miller said that it starts in LMBT and comes all the way to the bridge in Palmer. It crosses Bushkill Drive at a spot determined by PennDot.
Chuss noted that the developer has been very cooperative and in the future he recommends that the BoS get minutes from PC meetings for review - before voting. This was an agenda item on the weather-canceled December 13th PC meeting. Had the meeting been held, the BoS would have approved copies of the minutes for consideration. As it happened, the PC reviewed the concept drawings at its meeting on January 10th. The minutes will not be approved until the PC meeting on February 14th.
The developer offered a time extension so that the minutes can be reviewed.
A motion was made to accept the grant of an extension from the developer until February 22nd. It was accepted 4:0. Another motion was made to table until the BoS meeting on February 21st. The vote was 4:0.
Resolution #080117-1 Non-Uniform Employees Pension Plan - Waiver of Employee Contributions for 2007 and 2008 - Kline explained that as long as the pension plan is appropriately funded, required employee contributions are waived. It is also a provision of the contract. Also, Kline said that in the future this must be done on an annual basis - per the Pennsylvania Municipal Retirement Board. The vote was 4:0.
Resolution #080117-1 Police Pension Plan - Waiver of Employee Contributions for 2008 through 2012 - Kline explained that this resolution is for the entire contract period and need not be done on an annual basis. The purpose is also so that auditors can see proof that the contributions were waived. It passed with a 4:0 vote.
Sandy Hanks (resident) asked why employees would not want to add money to their pension plans? Kline said that the employees have a separate plan similar to a 401K for their contributions. The plans with contributions waived this night would not give contributing employees more pension money. They are only required to contribute when the plan is deemed actuarially unsound.
There was an Executive Session to discuss 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.
