BoS Meeting Notes & Solar Ordinances Public Hearing - 3/18/2010

Public Hearing - Solar Ordinances 314 & 315 - 7:00 PM

Both Solar Ordinances were explained by Solicitor Kline.  He said that the impetus behind the preparation of them by the Planning Commission (PC) was the approved Crayola solar farm on 15 acres near its plant on Church Road.  The PC gathered language from solar ordinances of other municipalities and used that language to craft Forks' two new solar ordinances, 314 and 315. 

Ordinance 314 allows solar panels as a residential accessory use in any zoning district and applies to the Zoning Ordinance.  Ordinance 315 applies to the SALDO (Subdivision and Land Development Ordinance) and controls roof and ground arrays for lawful non-residential use in any zoning district.  Ordinance 315 also provides for the decommissioning of solar installations that are no longer in use (or at the end of their useful lives) - after a period of six months.  In fact, if the sites are not decommissioned, the Township can step in after written notices have been sent, do the work, and charge the land owner. 

The reason that one ordinance applies to Zoning and one to SALDO is because when a resident wishes to add solar panels as an accessory use, a land development plan is not generally submitted.  However, non-residential solar installations do require land development plan submissions and therefore must be in compliance with all SALDO amendments.

The MPC (Municipalities Planning Code) requires specific actions in order to adopt ordinances.  There must be a PC public hearing (there was), the ordinances must be submitted to the local regional planning commission (LVPC - they were and the comments returned were basically favorable), and there must be a Board of Supervisors public hearing (in process now). 

In discussion, Supervisor Howell asked how long after approving the ordinances before they are in effect?  Kline replied that ordinances are generally in effect five days after being enacted. 

Howell said that he has been contacted by an individual inquiring if the Township has any plans for a wind generation ordinance.  Kline said that the PC had considered it and as he recalled, the consensus was that Forks was not a primary area for wind turbines.  PC Chairman Dean Turner added that wind tower rules are already in the Zoning Ordinance.  Vito Tamborrino (PC Vice Chairman) added that zoning requires fall zones and setbacks that are outside the range of most Forks residential properties. 

Howell said that he was thinking of roof top windmills attached to chimneys.  Turner said that the PC thought that there would not be enough power generated by them to make a difference.

Kline offered that if the power generated is just to be sold back to a public utility, it is regulated by the Pennsylvania PUC.

Ron Roth, Career Institute of Technology Director (and Forks resident), commended the Township on the new solar regulations and for encouraging solar power.  He said that CIT is in the early stages of investigating the installation of solar panels at the school.  At the moment, they are gathering preliminary information and have a two month agreement with an energy management company for a study.  The CIT building is totally electric and the estimate is that solar will give them an electricity cost reduction of 17%.  He said that lowering the peak demand on the grid, will lower the the cost of the balance of their electric use.

Mr. Roth said that the school intends to erect a combination of ground and roof mounted systems.  They will be almost invisible from the street.  He will be back before the BoS in a few month for approvals.  Roth added that there will be a kiosk in the school describing what is happening.  Everyone is pretty excited about it. 

CIT has read the ordinances and will have no trouble complying with them. 

When asked about the Crayola solar farm size and the CIT installation size, Roth replied that they can see the Crayola installation from their property.  The land being used by CIT is not a huge piece and is triangular in shape.  It is being combined with a roof top array and Roth does not know the size.  He added that the roof top mounts will be held there by ballasts and holes in the roof top will be unnecessary.  They will withstand 90 MPH winds.

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

Regular Meeting - Agenda

At this meeting, Supervisors:

• Unanimously approved both new Solar Ordinances, one for the SALDO and one for the Zoning Ordinance.  Read Tony Nauroth, Express Times and see below for details.
• Agreed to send a letter to Senator Mensch in support of the bill (currently in the PA Senate) to allow accredited police departments to use radar guns. 
• Learned more about the progress of the Meco/Sullivan traffic light.  It might even be out for bids this summer.
• Agreed to wait two more meetings before deciding on the bid award for the CMX designed amphitheater plan while cheaper options are investigated.  Read Tony Nauroth, Express Times and see below for more details. 
• Appointed Supervisor Egolf to be the Township's Bushkill Creek Watershed representative.
• Approved the purchase of a $16,500 replacement scanner for the Zoning and Sewer Departments. 

Approval of Minutes

The vote to approve the minutes from the March 4th meeting was 4:0 (with Supervisor Egolf abstaining) but only after the minutes were corrected as follows:

• Supervisor Howell asked Supervisor Rogers if the wording regarding the Recreation Board discussion should state that the Recreation Ordinance was to be reviewed and rewritten by the Recreation Board and then to be forwarded directly to Solicitor Kline for review.  Rogers agreed that is what it should state. 
• Chuss corrected the part mentioning Mrs. Hanks' agreement that she had received what she requested in her open records document request.
• Solicitor Kline corrected the section of his Township report to read that the motion to dismiss was filed by all the defendants in the Strausser Federal law suit.

Public Comments (non-agenda)

• Melody Talpas - resident and FTYSO (Forks Township Youth Sports Association a.k.a. Forks Township Athletic Association) Secretary - gave a brief report to the Board of the activities of the FTYSO (Forks Township Youth Sports Organization a.k.a. the Forks Athletic Association).  To date 763 Forks children are signed up for spring sports - 378 for baseball, 242 for softball, 61 for lacrosse, and 82 for cheerleading.  She said that the group is working with Mark Roberts and the grounds crews to be sure the fields are ready for spring sports.  Also, the FTYSO is coordinating a "walk" of the five acre parcel (between the Community Center and College Park Estates to the west) with Supervisor Billings, Township Manager Schnaedter and nearby resident Eric Konecke (who has voiced concerns over the possible uses for the land.)
• Dean Turner - resident (and Chairman of the Planning Commission) - spoke to the Board regarding the traffic on Richmond Road.  He said that he moved to the Township 17 years ago and back then, he could tell when the shifts changed in the industrial park because that's when there was traffic on the road - at 7, 3, and 11.  Today he fears for the kids crossing the street to get to the playground.  He recently saw a car pass a school bus at a high rate of speed - while kids were getting ready to cross the road in order to board the bus.  Speeding is a problem.  The traffic light at Elizabeth and Sullivan is the only light where drivers can get from the eastern side of the Township to the western side.  Turner offered that the Township should focus on "opening other paths along Sullivan Trail so that people on the eastern end of the Township can get to the western end of the Township." 

Supervisors Comments 

• Supervisor Chuss - in response to Turner's comment (above), asked Chief Dorney about "slow down" signs.  Dorney said there were two stop sign violations issued today at Elizabeth Avenue.  Traffic enforcement will increase now that the weather has improved.  Turner wondered if the Township could purchase a portion of the Jackson farm in order to allow Ramblewood to be continued through to Town Center.  He suggested that the residents who live there would know about the extended road and would use it. 

Dorney said that there is proposed legislation to expand the use of radar guns to allow accredited police departments to use them.  Currently PA is the only state in the country where municipal law enforcement is not allowed to use radar.  Dorney said the bill passed the House and is sitting in the Senate.  Supervisor Billings asked if it would help if the Board sent a resolution of support to Senator Mensch?  Supervisor Howell thought that a bigger voice would be created if all accredited police departments take a position in favor of the bill.  Dorney said that that is being done through the PA Chiefs Association.  Solicitor Kline noted that if PSATS (Pennsylvania State Association of Township Supervisors) took a position in favor, it would carry some weight with the Legislature.

Billings made a motion to have Township Manager Schnaedter write a letter in support of the Senate bill for the use of radar guns in the Commonwealth of PA.  Supervisor Egolf seconded.  In discussion Howell said that the letter should stress public welfare and safety and should be personalized with Forks' density.  Egolf noted that Forks has had a rapid increase in population and the roads are not designed to handle it. 

The vote was 5:0.

Egolf added that Forks should not lose sight of the stipulations in the newly revised and rewritten Comprehensive Plan that strongly address the Township's problems with east/west and small roadways.  It is "pretty much a mandate for us to start working on this."

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 $7,722,913.

Chuss noted that the Board should do what it can to encourage Township residents to respond to the 2010 census.  It is very important when it comes to the allocation of monies from State and Federal governments.  He asked that something be put on the Township website to remind people to fill out their census forms.  Rogers said that the "census bureau" will be available at the Community Center from 5-8 PM M-F (March 19 through April 18) to answer census questions.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that the next meeting will be on Wednesday, April 14th at 7:15 PM.  He took a few moments to acknowledge, on behalf of the Board, the "absolutely superb work" by the fire, police, and public works departments in preparation for possible flooding.  He also commended the fire and police departments for their handling of the "Giant episode" and said that it is nice to know that Forks' "public service forces are prepared, well trained, stay calm, keep our friends and neighbors and citizens safe..." (Applause)

Police Chief Dorney reported on the committee's meeting.  He said that it was lengthy and items discussed included current grant funding and preliminary applications for items "coming down the road."  Also, discussed were a possible resolution that may come before the Board ("a matter of routine practice") as well as recent vandalism in the park and community policing initiatives to prevent it - including bicycle deployment. 

Fire Chief Chapman said that the fire department is working on revisions to their standard operating procedures to present to the Board in the spring or summer.  The new fire engine blueprints have been approved by the fire department and delivery is expected in late July.

• Public Works - Supervisor Howell - reported that the committee had a short meeting a week ago and reviewed the Township snow plowing policy for both dedicated and non-dedicated roads as well as the naturalizing condition of the recreation paths in the winter; they are left unplowed.  He said that the Braden lavatory is almost operational.  Its sewer and water hookup will be tested when weather permits.  Also discussed were "some of the needs" for the five acre parcel (between the Community Center and College Park Estates).  DPW Director Roberts plans to grade it when the weather permits.  It is expected that it will be seeded and re-seeded and ready for the fall.
• Parks & Recreation - Supervisor Rogers - said that there had been no meeting since the last BoS meeting.  The next meeting is set for April 7th at 6 PM.
• Community Relations - Supervisor Chuss - said that the committee met on March 8th.  The next committee meeting is Monday, April 12th at 4:30 PM.  Chuss said that the newsletter proof was received with errors and was resubmitted back to the editor for "update."  He hopes that residents will have it at the end of the month.  Chuss asked that anyone who sees website content changes that should be addressed notify the committee.  They are planning to meet with the website provider this spring to discuss website updates.  Chuss said that there is no update yet on the new Community Days coordinator.  He said that there has been concern expressed that the normally scheduled weekend, the second one after Labor Day, falls on a religious holiday.  Chuss noted that the inaugural meeting of his arts society was held on March 16 and was attended by 15 enthusiastic people of diverse backgrounds.  The next meeting will be on April 14th at 7 PM in the Community Center - going forward they will meet on the second Wednesday of the month at 7 PM in the Community Center.  Some of the group is looking at sample bylaws and investigating the requirements for 501 (3)(c) status.  He asks that anyone with questions contact him. 
• Finance & Administration - Supervisor Billings - said that the next meeting will be on Wednesday, April 14th at 6 PM.

Township Manager's Report - Schnaedter said that the Lehigh Valley Insurance Cooperative has refunded $186,857 to Forks.  He attributes the refund to the follow up of claims and preventative measures taken.  Schnaedter said that this is the fourth year in a row that the refund is over $100,000.  Howell asked if the money goes back to the general revenue account?  Schnaedter said that the money is kept in a reserve account.  So far 60% has been received and there are no pending cases. 

Engineer's Report - Muller reported that the Meco/Sullivan traffic light continues to move forward.  PennDOT has come back with revisions based on the meeting with Verizon and MetEd.  The site's utility poles are an issue - what has to be relocated and what does not have been noted.  Benchmark is working on the plan revisions.  The horizontal geometry of the site has to be approved.  The approval for the signal was received Jan. 31st (or Feb. 1st).  It is an ongoing issue with PennDOT.   Muller said that he continues "to push it to make sure it gets done."  He said, "We're almost there." 

Muller said that he and DPW Director Roberts discussed the sanitary sewer lines that are to be replaced this spring on Sullivan Trail.  He is working to get that done before the road realignment for the signal installation at Meco/Sullivan. 

Chuss asked if the PennDOT requests are reasonable?   Muller said that they are, however, some of the issues are because the initial engineering survey missed things - including some poles (not the utility companies' fault).  He would like to get the project out to bid sometime this spring so that it can get done this summer.

Muller said that he met with Roberts, the old Township engineer, and the GIS representative from his firm, Gilmore & Associates, regarding the GIS system in the Township.  He said that great strides have been made in the first couple of months in getting things up-to-date.

Muller has also met with Roberts regarding storm drainage issues on another intersection and will review the survey and make recommendations so that Roberts can move forward and get it re-topped. 

And, lastly, Muller said that there are a couple of small subdivision plans and land developments in the works.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

None  

NEW BUSINESS

Ordinance 314 - Solar Amendment to Zoning Ordinance Approval
Ordinance 315 – Solar Amendment to Subdivision and Land Development Ordinance (SALDO) (Karl Kline, Solicitor) - Kline explained that basically if one has a house in any zoning district a solar energy accessory use is allowed.  If one wants to generate solar power for one's own non-residential property it, too, is allowed in any zoning district.  There are provisions in the ordinances for ground and roof top arrays.  The ordinances were drafted by the Planning Commission (PC) which held a January 26 public hearing.  They were reviewed by the LVPC (Lehigh Valley Planning Commission) who commented favorably.  The Board of Supervisors' public hearing was earlier tonight at 7:00 PM. 

Billings motioned to accept ordinance 314.  Howell seconded and the vote was 5:0.

Howell motioned to accept ordinance 315.  Egolf seconded and the vote was 5:0.

Inter-municipal Sale of Police vehicle (Rick Schnaedter, Township Manager) - Schnaedter said that a Board member from the Borough of Roseto approached him regarding the purchase of one of Forks' two old police vehicles.  They are used only in emergencies.  Schnaedter said that the Borough representative liked the 2003 Crown Victoria with attached light bar and 105,366 miles on its odometer.  He spoke with Dorney and with Roberts and they said that the Township should be able to accommodate Roseto (including the light bar).  The price developed from past sales history of old vehicles was $1200.

Egolf made a motion to sell the vehicle "as explained and described" to Roseto.  Kline said that in an inter-municipal sale, the advertising and bid process are not necessary.  The vote was 5:0.

Awarding of the Amphitheater Contract (Rick Schnaedter, Township Manager) - Schnaedter said that CMX reviewed the amphitheater bids and that Bracy Contracting submitted the low bid of $360,000.  All bids were also reviewed by Kline to verify that they were proper and contained all the necessary documents. 

Billings asked if the $360,000 bid is the amount for everything and Schnaedter said that the paving will be done by the public works department.  An alternative bid was requested should the paving work be contracted.  Bracy's was low bid at $17,600 (or $11/square foot) for the paving.

Chuss said that he is concerned about the overall cost including the $46,000 already paid for the architectural work.  He said in looking at the site as a whole, the project is pushing into the $500,000 cost range.  He said that although he is supportive of an amphitheater, the Board should look at other alternatives.  He personally feels that this simple amphitheater has been "over-engineered."  Chuss added that the five year recreation plan is due next month and this project will eat up a lot of the $1.8 million in the recreation fund (before knowing what other projects will need money.)  He said that one can get quite a house for that amount of money and this does not seen like a good value to him.  Chuss asked that the Board look at alternatives.

Howell said that two years ago the Parks & Recreation Standing Committee viewed a lot of proposals and some were quite nice.  He said that he wouldn't approve this plan without also approving a restroom and asked Schnaedter how much the Braden rest room cost.  Schnaedter said it was about $40,000.

There was additional discussion and Schnaedter reminded the Board that although (when they last looked) the prefab structures cost $150,000 to $180,000, they require costs for delivery and construction which can bring prices close to $300,000.  Several firms could not provide the committee with an idea of those costs.

Egolf said that he has reservations about the general design of the CMX structure.  He said that he sat in on one of the planning sessions with engineers, architects and area vendors.  There were many questions raised about how to put it together and how the panels would be hung.  He saw dollar signs mounting.  He is worried about change costs and structural problems.  He said that it seemed to him that things weren't clicking and he got a strange feeling that this was not the right path.  Egolf said that he does want an amphitheater.

Billings said that he is worried that the cost number is not something that the community is comfortable with - yet he does not want "nothing" to happen.  He feels that if it is to be tabled, it should be time bound.  He asked Schnaedter if the Township is still trying to get programs for the facility. Schnaedter said that he approached the Business and Commerce Association of Forks (BCAF) about two years ago and they were very supportive of being involved in cultural programs for the community.

Schnaedter said that he will provide the Board with details of one of the earlier structures the committee looked at along with a sketch from a pamphlet and estimates for construction.  Howell said that he and Muller can look at them with Schnaedter.  Muller said that he will look but construction costs are not his (nor his company's) area of expertise.  He suggested that Bracy be asked to look at them.  Schnaedter said that a municipality that constructed one of these (less than three years ago) has been identified.  He will get their cost (and caveat) information.

After confirming that the bid package indicates the bids are firm for 90 days, Howell made a motion to suspend consideration of awarding the contract for two meeting dates to the second meeting in April.  Billings seconded and the vote was 5:0.

Chuss asked Rogers if the Board will have the five year recreation plan next month.  She said yes.

Construction and maintenance agreement – CMX (Rick Schnaedter, Township Manager) - Schnaedter noted that in light of the situation with CMS and after prior consultation with DPW Director Mark Roberts and Township Engineer Muller, it was felt that having a backup hourly rate agreement in place should concerns or questions arise during construction was a good idea.  CMX declined and instead gave a single line item bid.  Schnaedter recommended rejecting the proposal.  Kline said CMX submitted the proposal and no action is necessary by the Board.

Purchase of Zoning Scanner (Jim Farley - Finance Manager) - Farley said that a replacement scanner for the zoning and sewer departments was included in last fall's budget.  At the time, the money was to come 50% from the zoning capital account and 50% from the sewer capital account.  The price is contracted by PA.  The unit selected is from OCE North America and costs $16,519.  It is compatible with all the other department equipment.  The old machine is from the 1970s and the inputs on it do not match the computers.  Special adapters must be purchased.  And, it is time to renew the maintenance agreement as well as buy supplies. 

Egolf made the motion to purchase and Billings seconded.  In discussion, Howell asked if the new scanner can do 8-1/2" X 11".  Weis said that it can.  He said that it is a color scanner.  The old one is black and white and should it break, there may not be parts available. 

Howell said that the administration side of the office does not have a (regular format) scanner.  Farley offered that with the purchase of software, the office copier can do scanning.  He will get prices on the software.

The vote to purchase the new large format scanner was 5:0.

Bushkill Creek Watershed – Designation of a Representative (Rick Schnaedter, Township Manager) - Schnaedter said that he received a letter from Northampton County asking that the Township appoint a representative to the Act 167 Watershed Advisory Committee.  He will be responsible for attending at least four meetings, for reviewing and commenting on the plan, and for reporting back to the municipality on the plan process.  Howell nominated Egolf.  Rogers seconded.

Egolf said that he has spoken with Geoff Reese (sic) of the Lehigh Valley Planning Commission (LVPC).  He is in charge of this program.  He (Egolf) is also on the Bushkill Stream Conservancy and he wanted to be certain that there would be no conflict of interest.  Egolf was told that there is no conflict of interest posed by serving both groups and he said that he is interested in doing it. 

Egolf said that he also learned that it is important for the Township Solicitor, Township Engineer, and Chairman of the PC to be aware that the end result will be a municipal ordinance.  Reese suggested that they should all be on the Bushkill Creek Watershed mailing list for announcements, minutes, and updates to keep them apprised of what is going on with the committee.

The vote was 5:0.  Schnaedter will write a letter to advise the Bushkill Creek Watershed group that Egolf was chosen to be Forks' representative.

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

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BoS Meeting Notes - 3/4/2010

Regular Meeting - Agenda

Supervisors read a proclamation in honor of the the Boy Scouts of America 100th anniversary.  Copies were presented to BSA Troop 29 and to Cub Pack 21.  Cub Pack 29 will receive their copy at the next BoS meeting. 

The Board learned:

• How much time was contributed in 2009 by sports parents and coaches and how that translates to value to the Township. 
• That another Forks business is seeking an inter-municipal liquor license transfer.  This one is the Auto Grill on North Delaware Dr. - it was formerly the Riverside Deli. 
• That the Parks & Recreation Standing Committee may have gone "maverick" when it told the Recreation Board to approach Solicitor Kline directly with a soon-to-be rewritten Recreation Board Ordinance.  This is an update to the one done in 1960.

Supervisor Egolf was absent as was the recording secretary.

Minutes of the February 04, 2010 Regular Board Meeting (Tabled from last meeting) were approved with a 4:0 vote.  In discussion Howell asked to be refreshed on why the minutes were tabled.  Chuss said that it was primarily a cut and paste issue.  However, when Chuss attempted once again to insert words indicating that Ms. Hanks had said that she received all materials she requested (see BoS Meeting Notes - 02/4/2010), Ms. Hanks disagreed.  She said that she did not receive all the materials and never agreed that she had.  She added that she subsequently requested additional materials which she received in a timely manner.  Chuss then amended his statement to read that "Mr. Chuss asked Ms. Hanks if she had received all the material she requested.  And, then Mr. Chuss said if she identifies any additional information she should submit a request for it from the Township." 

Minutes of the February 18, 2010 Regular Board Meeting were approved with a 4:0 vote.

Public Comments (non-agenda)

• Dan Martyak - President of the Forks Township Youth Sports Organization (FTYSO) presented the Board with a report of the 2009 volunteer hours contributed by sports parents, coaches and organization officers to the Township.  He translated it into monetary value by assuming that each hour of volunteer time is worth $20.  The 43,721 hours is valued per his report at $874,420.  Martyak said that the report will be on the FTYSO website shortly.

In his verbal report, Martyak said that if the kids were not involved in sports, they would be involved in crime and that it costs $100,000 per child per year in the criminal system.  Last year the kids in Forks were involved in sports for over 193,000 hours. 

Martyak said the organization is aware of a gap in funding for the current year and it is working closely with Finance Manager Farley and John O'Neil to mitigate the shortfall.  Last year FTYSO contributed $66,000 to the Township in the form of fees collected and funds raised. 

Martyak also read a letter he received from a resident who ran a city youth sports program for 10 years.  It had paid workers and was always understaffed and under budgeted.  A youth sports organization was created and used to raise money and to get volunteers.  He said that because people had no direct control over the program, they were poorly committed.  The letter concluded with accolades for the talent and commitment of the people running the Forks programs. 

 Supervisors Comments 

• Supervisor Chuss asked Ms. Hanks if she received all the documents she requested.  He stated that she indicated she has and he advised her that if there is any additional information she needs, a written request submission should be made.

Treasurer's Report - Rogers detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 3:1 vote.  Howell cast the nay.  When asked by Chuss the reason for his nay, Howell said that he does not approve of the Liquid Fuels transfer of $83,000 (see agenda item below for more details.)  The Township's current outstanding debt is $7,724,347.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - absent - Chief Dorney said that the committee has not met since the last BoS meeting and will meet next Wednesday at 7:15 PM.
• Public Works - Supervisor Howell - said that there have been no meetings since early in February and the next one will be Monday at 8 AM in the Municipal Building.
• Parks & Recreation - Supervisor Rogers - said that the committee met last night at 6 PM.  She reported:
  • Dan Martyak (FTYSO) said that there is a back-up plan to reduce the budget gap and that all commissioners have been asked to cut their budgets.  Supervisor Billings has volunteered to help understand and resolve the gap.
  • Rogers repeated Martyak's report statistics (see above).
  • The 1960 Recreation Board Ordinance has been found and the Recreation Board will review it, make changes, and then send it to Solicitor Kline for review.  Rogers said that this is her recommendation to the Board and that she believes this will "put the matter to rest."
  • The newest Recreation Board member, Beverly Dalrymple was introduced.
  • The Recreation Board meeting minutes will be provided to the committee at a later date.
  • Don Miller said in a report that wrestling ended last week, basketball is winding down and spring sports are beginning.
  • The Rec Board will revisit its five year plan, prioritize it, and provide more details - including cost estimates.  They will present it to the committee next month.   
  • The next meeting is the first Wednesday of April at 6 PM in the Municipal Building. 

Howell took issue with the Recreation Board going directly to Solicitor Kline.  He said that the committee was charged to bring the ordinance to the BoS and after review, the BoS will, if necessary, send the ordinance to the Solicitor.  Howell said that he thought no committee should be able to "oblige or engage" the Township's counsel.  Chuss offered that the Planning Commission (PC) does it all the time.  Howell said that Kline is the Solicitor to the PC - he is their counsel.  He finds it "quite a usurption that an advisory committee can engage counsel and fees without the approval of the Board." 

Rogers insisted that the committee "decided" that that was how it would be.  She added that he (Howell) had "already left and wasn't there to hear it."  Howell offered that there were many times when he would have liked to do just that - consult with Kline - over committee issues, and as long the chairman and she (Rogers) feel it is appropriate to do, he will take advantage of it.  Howell added that the Township Manager and the Finance Committee had wanted to limit Solicitor (and other professionals) contact in order to save money.  This is a procedural matter because now Chuss and Rogers are saying that a committee can engage the Township's counsel. 

• Community Relations - Supervisor Chuss - said that the committee has not met since the last BoS meeting and the next meeting is March 8th.  He reported that 17 people (including himself) have signed up for his Art Society.  He thought this a "fantastic" response.  Only three of those who signed up cannot make the first meeting on March 16th at the Community Center.  Chuss is providing the refreshments. 
• Finance & Administration - Supervisor Billings - said that the next meeting will be on Wednesday, March 10th at 6 PM in the Municipal Building.

Township Manager's Report - Schnaedter said that the CMX construction maintenance agreement has not been received yet.  The reason, he was told, was that the snow storms kept the clerical people from the office.  He requested that the agenda item be tabled.  Howell said that he finds it an annoyance that everything is always delayed when it comes to CMX.  Schnaedter offered that this is to negotiate a hourly rate as a backup just in case anything arises after CMX's initial work is completed.  He also said that 20 people attended the pre-bid meeting. 

Also, Schnaedter reported that he hopes to have a proof from Home Town Press of the upcoming Quarterly next Monday.  They have reported that the economy is making it difficult to secure advertisers. 

Engineer's Report - Muller was not needed and his absence was excused - per Chuss.

Solicitor's Report - Kline - reported that "motions to dismiss" have been filed on behalf of all defendants in the Federal Court action (against Forks Township) by Gary Strausser and Strausser Enterprises.  The motions were filed on February 19th and it will be several months for a court decision. 

The motions to dismiss indicate that there was no testimony and no discovery, so, even if everything alleged by Strausser is true, "he still loses."  The technical legal issues will then have to be addressed by the Federal Court. 

Kline also reported that he has been meeting with Township Engineer Muller to get Muller up to speed on a number of different issues/developments that are upcoming. 

Chief Dorney received a letter from PA Attorney General Tom Corbett announcing that the Police Department's grant application was approved - to purchase two portable breath testers. 

UNFINISHED BUSINESS

None

NEW BUSINESS

Proclamations: Boy Scout Troop 29 – Cub Scout Pack Troop 29 – Cub Scout Pack Troop 21 (David Billings, Supervisor) - Billings said that signed copies of the Township proclamation celebrating the Boy Scouts of America 100th anniversary will be delivered to BSA Troop 29 and Cub Pack 21 tomorrow.  Both were represented tonight.  Cub Pack 29 will get their copy at the next meeting.  The proclamation will be signed tonight.  He said that he was privileged to attend the blue and gold banquet a week ago.  Billings read the proclamation which was written to recognize the contribution that local scout groups have made.  The proclamation was approved by a 4:0 vote of the Board of Supervisors. 

Liquid Fuels Fund Transfer (Jim Farley, Finance Manager) - Farley explained that Liquid Fuels Tax money is received from the State and comes from taxes collected on fuel purchases.  It is awarded based on the number of miles of roadway in a municipality.  It is to be used for street lighting, plowing, road maintenance, road resurfacing, road construction, etc. 

Farley said that in 2007 the Township took on a project for road resurfacing.  Two years later, after an audit, the Township learned that the proper permits had not been obtained in time by the engineer.  As a result, the funds had to come from the Township's capital accrual account instead of the Liquid Fuels fund.  The Township appealed and lost.  Controls on road projects have now been tightened.

Billings asked if the prior engineering firm has any culpability in this?  Farley said that during the audit, records were requested of the engineer but they were never produced - as they were never created.  Farley added that the roadwork was done in the Township so "it's not like we lost money somewhere."  

Howell said that it particularly galls him that when the engineer was asked if the paperwork was completed, he said that it was.  He suggested an angry letter from the Township to the engineering firm. 

Kline explained that there are two pots of money, the general fund and the Liquid Fuels fund - all of it is Township money.  In this case, the Township used the Liquid Fuels fund but the State said "no, you didn't ask us first" and because the Township didn't ask "may I?" to PennDOT the money must come from the general fund instead.  Kline said, "The Township still has the same amount of money."   At the moment, Keystone is working with Kline for free to get a number of projects wrapped up so that the new engineer needn't do them.  Kline suggests not "burning bridges."

Construction and Maintenance Agreement – CMX (Rick Schnaedter, Township Manager) - Schnaedter requested that this be tabled.  Billings made the motion.  Rogers seconded and the vote to table was 4:0.

Inter-municipal Liquor License Transfer for Timothy Belon - 1670 No. Delaware Drive (Auto Grille) Schedule Public Hearing (Karl Kline, Township Solicitor) - Kline explained that the license is coming from 3531 Mountain View Drive in Danielsville.  The State mandates a public hearing by the receiving municipality whenever there is an inter-municipal transfer of a liquor license.  Ultimately what goes on is really up to the PA Liquor Control Board but the hearing does provide the municipality with an opportunity to find out what's going on.  The license is for an eating/retail place at 1670 North Delaware Dr.

Howell said the the application has many errors.  Examples include listing Chubby's as the nearest holder of a liquor license when in fact there is one at the Colossi property (the former Gypsy Rose) and one at Riverview.  The nearest school is listed as Forks Elementary but is in fact March Elementary on College Hill.  And, the nearest park is given as the Forks Community Park when it is Nevin Park and Eddyside Park in Easton.  Howell asked that Schnaedter or Kline review the application and correct it.  The application is also missing a list of all the active licenses in the Township. 

Kline said that he will notify the applicant of the hearing date and that there are many observed shortcomings in the application. 

Kline explained that prior to changes in the law, supply and demand dictated the prices of liquor licenses.  There were many in Easton and they were cheaper than those in Forks where there were fewer.  When the law was changed to allow inter-municipal transfers, it effectively evened out the supply/demand price issues. 

A motion was made by Billings to schedule the public hearing for Thursday, April 1 at 7 PM and that the applicant be asked to review and correct his application.  Rogers seconded and it passed 4:0.

Executive Session - There was an Executive Session to discuss litigation and a real estate matter.  No action was taken during or after the session and the meeting was adjourned. 

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

BoS Meeting Notes & Comp Plan Public Hearing - 2/18/2010

Public Hearing - Comprehensive Plan - 6:30 PM

The final public hearing on the three-years-in-the-making, Forks Township Comprehensive Plan (Comp Plan) was short and sparsely attended.  Two Supervisors were absent.

Charlie Schmehl of URDC, the consulting firm that guided the Planning Commission (PC) in the Comp Plan's development, summarized it as a "set of policies for the future development and preservation of the Township over the next 15 years."  It helps to support Township development regulations and provides policies for natural feature preservation, agricultural preservation, facilities and services, transportation, and contains ways to carry out the plan.  

It is the result of the work of the Planning Commission and of citizen committees who met in workshop sessions over the course of three years.  There are no changes in the Township's zoning map and there are minor revisions of zoning and SALDO (Subdivision and Land Development Ordinance).  The new Comp Plan recommends that more attention be paid to the FP (Farmland Protection District) with agricultural preservation given a higher priority, that the TC (Town Center District) be made more pedestrian friendly, and that trails continue to build on what has already been done.  It also contains recommendations for traffic improvements and for economic development. 

Per the MPC (Municipalities Planning Code) Comprehensive Plans are non-binding and cannot be used to challenge actions of townships.  In simpler terms, a township can use it to defend itself but it cannot be used to attack it.

Solicitor Kline explained the process further saying that the PC held a public hearing.  The BoS held one on December 1st and because some significant changes were made, this night's hearing was being held.  This meeting was advertised as was the possible adoption of the plan at the regular meeting that follows the hearing.  Kline said that the Comp Plan was sent to the LVPC (Lehigh Valley Planning Commission) and the Township received favorable comments.  In accordance with the MPC, the plan must be adopted by ordinance.

Dean Turner, PC Chairman, asked if the Township has an electronic version of the Comp Plan so that it can make copies as needed?  Schmehl said that a "cleaned-up copy with the adoption date" in both electronic and paper formats will be provided to the Township. 

The vote to approve took place during the regular meeting.

Supervisor Howell asked Mr. Schmehl about the soon to be on the agenda, solar ordinance.  He wanted to know if there were any incentives (for commercial applicants) for changing the parking space formula if charging stations are provided in parking lots.  Mr. Schmehl said that as long as there is a "basic bare minimum of parking," the Township can have any type of incentives it wants.  He talked about Allentown's incentive for bike racks (one bike rack = one less parking space) and about California's incentives for solar panels over parking lots as "a very good use of land" since it does not increase impervious surface requirements and it provides shade for cars.  There can also be increased impervious surface incentives with minimum LEED certifications. 

Kline asked if LEED "certified" would be required or would LEED "qualified" be okay since LEED certification is costly and some architects are saying that they will design to LEED but not apply for it.  Mr. Schmehl replied that that is an alternative however, sometimes they say they will build to it but do not. 

Regular Meeting - Agenda

On this night, Supervisors unanimously approved the long awaited Comprehensive Plan, agreed to sign on the dotted line for restructured bond financing, and heard from a resident who wants new, professional management at the Community Center.

Approval of Minutes

The approval of the minutes from the February 4th meeting was tabled in a 4:1 vote with Billings casting the nay.  There were many "corrections" by Chuss including his first where he alleged that Ms. Sandy Hanks (who filed a document request and was given only one of the documents requested) said that she got all that she requested.  She was at this night's meeting and told Chuss that he was wrong and that she did not get the documents she requested and that instead he told her to file another request.  Chuss argued with her and said that she shook her head "yes" when asked.  Again, she said that she did not.  Undeterred, Chuss continued with more "corrections."  Egolf made a motion to table the approval until March 4th in order to make the corrections.   Rogers seconded.    

Public Comments (non-agenda)

• Gretchen Gerstel - resident - read a statement in which she called for the Township to employ a professional in Community Center management, in particular a college graduate with the "latest know-how" who can handle its three-quarters of a million dollar budget.  She suggested that the $60,000 expense of the current manager is enough to attract a dynamic person from outside the Township.  Ms. Gerstel said that the Supervisors need to engage in "anticipatory thinking."   She said, "As important as 'hanging on,' is knowing when to let go."  After Ms. Gerstel finished her statement there were no comments from the Board.

Supervisors Comments 

• Supervisor Rogers thanked DPW Director Mark Roberts and the public works crew for the great job they did clearing the roads after the last storm.  She said that they were in her neighborhood at least five times.  Township Manager Schnaedter said that since Roberts was not at the meeting, he would tell him for her.
• Supervisor Billings said that he sent Roberts an email thanking him for the great job that his crew did.  He told of attending an "elected officials forum" today.  It was hosted by Senator Mensch and Tatamy, Forks, and the City of Easton were there.  The next one is in April.  Billings found the discussion fascinating.  One bill mentioned would allow municipalities to use radar guns for speeding.  Also, attendees were told that there is a lack of grant funding in the PA 2010 budget and that grants will be few and far between.  There was discussion of Act 47 in the City of Easton and Lehigh Valley gambling money distribution. 
• Supervisor Egolf said that he thought it important to get township managers to forums like that since they have their "finger on the pulse."   Billings said that he will send a request to Mensch. 

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 $7,724,347.

Resident Sandy Hanks asked about the transfer of $27,079.29 from Recreation Land Acquisition to the General Fund.  She said that fund transfers have been ongoing since November and amount to $365,000.  Finance Manager Farley said that the money is from developers for recreation development.  The fund does not have a checkbook and in order to pay bills money must be transferred to the general fund.  This money is being used to pay bills for the refurbishment of the tennis and basketball courts as well as various other BoS approved projects.  

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that there was no meeting because of the snow.  The next will be on Wednesday, March 10th at 7:15 PM. 
• Public Works - Supervisor Howell - reported that the next meeting is March 8 at 7:30 AM.   He added that Supervisors have copies of an exchange of emails from citizens and merchants concerning snow removal on Braden and Ian - neither of which are dedicated (to the Township) roads.  A discussion of what policies are in place to deal with requests like these will take place at either Public Safely or Public Works meetings.  Also, Howell said that there was a letter from the Vista Estates Homeowners Association with their opinion of the public works garage and its possible impact on their neighborhood.  He said that the Association has been in contact with himself and Billings.  The committee will respond to the Association.

Schnaedter said that Kimmel & Bogrette will meet with staff at a rescheduled "kick-off" meeting on February 22nd at 1 PM.   It was postponed from last week.  New designs for the placement of the public works garage will be shown and the engineer will be introduced.  Also, staff will see new ideas for the heating system, the electric, and the mechanics.  

Egolf said that the PC received a (public works garage) report from Zoning Officer Weis.  A formal presentation of the new designs will be given to the PC at a later date.  Planner Vito Tamborrino said that Weis was to pass on the PC comments to Schnaedter. 

• Parks & Recreation - Supervisor Rogers - said that the next meeting is March 3rd at 6 PM.
• Community Relations - Supervisor Chuss - said that the committee held a brief meeting on February 8th prior to the goal setting session.  They discussed:
  • The newsletter. 
  • Website is to be monitored for content updates - if any are missed, inform "staff."
  • Ten people have signed up for the arts council and there are 10 days left in the sign up period.  The kick-off meeting will likely be in March in the Community Center.  There will be refreshments.
  • Community Days was not discussed due to lack of time but the committee does want to ensure that Mr. Lokitus of BCAF (Business and Commerce Association of Forks) talks to the Bennetts about taking over the reins.

Dean Turner (PC) asked if the goal setting session was a public meeting and if the goals will be made public.  Chuss said that it was a public meeting and that the Board will get copies of the goals.  He said that he was unsure if they will be available to the public. 

Schnaedter said that he has a draft of the goals for the Board's review and that after the Board has accepted them, they will be sent to David Woglom of Lafayette College.  He will make a more formal synopsis of the session.  Schnaedter added that the report prepared by Woglom will become a public document. 

Billings requested that the goals document be put on the Township website.  There was no disagreement by the Board. Schnaedter said that last year's document was four to five pages.  It will also be available at the counter at the office. 

The next committee meeting is Monday, March 8th at 4:30 PM.

• Finance & Administration - Supervisor Billings - said that the last meeting was snowed out and that the next is scheduled for Wednesday, March 10th at 6 PM.

Township Manager's Report - Schnaedter said that there has been a difficult time with the newsletter printing company because of trouble getting advertisements.   A copy (of the content as opposed to a proof) has been given to the Board for approval.  It will expedite the process.  Schnaedter remarked that the Crayola article is getting dated - it took place last winter.

A draft copy of the goal setting session has been provided by David Woglom.  Schnaedter asked that the Board review it and get back to him with any comments - so that he can get them back to Woglom. 

Schnaedter reported too, that he received an email from Tim Edinger of CMX.  Edinger said that unless CMX is wanted as construction manager for the amphitheater, its work is done once the bid documents have been reviewed and a contractor recommendation is made.  Schnaedter said that he reviewed the contract signed last July and that it does state that construction management is at an extra cost.  He recommended that the Township and CMX part ways when their part of the project is completed as he feels that staff and the Township Engineer can oversee the project to completion.  Schnaedter asked that the Board take its time to review the email.  He would like to provide an answer to CMX before the March 8th bid opening. 

Billings asked if a problem is found with the bids, will CMX do more?  Schnaedter said that they will review the bids and make a recommendation to proceed or not.  "Anything beyond that is additional cost."  Billings said that he favors using Forks' staff and engineering. 

Howell requested that this be put on the March 4th meeting agenda for "informational purposes."  Tamborrino asked if CMX has "construction administration" in the contract.  He said that if the Township takes over the project and CMX is not handling the construction administration, then the Township has excluded liability of CMX for being responsible for any errors and omissions.  "Construction administration" means basically that CMX has to take the Township's phone calls during construction.  Schnaedter said that full and partial construction administration is listed on the contract as additional services. 

Billings offered to sponsor the agenda item.  Chuss said that "we will work out who sponsors the agenda item."  He thought it should be the solicitor or the engineer.   

Engineer's Report - Muller reported that Alfero Construction's project is now under review.  He said that It was presented at the last PC meeting by engineer Bob Toedter.  It is for a two story office and 24,000 square feet of warehouse for their construction operation - on Glover Road.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

Ordinance 313 - 2010 General Obligation Bond (Jim Farley, Finance Manager) - Farley said that the bond auction was today and that there was good news to report.  He turned over the good news announcement to Gary Pulcini (Township financial consultant) and Michael Gaul (Township bond counsel.)

Pulcini said that the auction began at noon and concluded at 12:17 - after three time extensions which were the result of better bids coming in during the last two minutes.  There were five syndicates bidding and a total of 20 bids.  The winning bidder was Roosevelt Cross - representing a syndicate of Payne Webber and others.  Pulcini said that because of the great rate, the size of the issue was reduced from $11,825,000 to $11,300,000.  The rate through 2027 - when the Township will be debt free -  is 3.48%.

The Township's bond rating was upgraded since 2003 from A2 to AA, the same as Northampton County.  The AA rating is "a reflection of the Township's moderate debt load, the professionalism of the Township, and the income levels of the Township."  Pulcini said that through prudent debt management, "the capital plan has increased" and over 50% of the borrowing base is unused. 

Pulcini reviewed the summary sheet of the bidding.  The savings from refinancing the older bond is $734,703.93 and from the newest one, $31,919.16 for a total savings of $766,623.09.  He said that the Township is walking away with a $4.7 (sic - $3.7) million loan for a very low impact - $91,000. 

Kline remarked that the bid was done just before the Fed increased its interest rate today. 

Mr. Gaul presented the ordinance to the Board for their approval and signature.  The ordinance accepts "the proposal to buy the bonds by the underwriter."  It also makes tax covenants to ensure that the bonds are issued as tax exempt; it authorizes compliance with FCC disclosure requirements (to the bond purchaser); and it arranges for the payoff of the old debt.  Documents must be signed by the Chairman, the Secretary/Treasurer, and the Finance Manager.  There will be "a second wave" of documents shortly.

Kline said that he reviewed the ordinance and everything is fine.  It should be adopted tonight.  There is a tight schedule including sending it to the Department of Community and Economic Development for approval - in order to make the March 23rd closing. 

Gaul said that it must be signed tonight in order to accept the underwriter's bid.  He said that the Board has had the ordinance for review for a couple of weeks. The financial details were added today - they were not available until today's bid closing. 

Pulcini said that there is flexibility built in to take advantage of rate decreases - a 10 year part call.  If rates go down, the new money portion could be refinanced immediately.  If rates drop, the "refunding portion" can be refunded in 10 years - with 90 days notice prior to the call date.

Billings made the motion to approve the ordinance.  Egolf seconded and it passed unanimously.  

NEW BUSINESS

Resolution # 100218-1 Forks Township Comprehensive Plan of 2010 (Karl Kline, Solicitor) - Kline explained that the resolution is to approve the adoption of the Comprehensive Plan of 2010.  It was drafted by the PC and worked on by many committees.  The PC held one public hearing and the Board held two - one earlier this night.  The hearings and the resolution have been properly advertised.  The motion to approve was made by Howell and seconded by Egolf.  It passed unanimously.   

Howell asked Kline how the Panzini property purchase is progressing.  Kline said that on February 4th the Board approved the signing of the agreement of sale for 708 Zucksville Road at a purchase price of $230,000.  It will be a cash transaction.  The closing will be at the end of March.  The land is adjacent to the Township municipal park and next to another Township owned property (on the east.)  The property has 400 feet of frontage on Zucksville Road. 

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

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

BoS Meeting Notes - 2/4/2010

Regular Meeting - Agenda

Supervisors learned that young Tyler Swass who made a 911 call that saved his mother, will be honored by the Forks Fire Department with a plaque presented to him at his school in front of his classmates. 

The Board decided to advertise the meeting schedule of the Recreation Board (the third Sunday of the month at 7 PM) since the Recreation Board gets and distributes public money.  Supervisors learned of an open records document request gone awry and Supervisor Chairman Chuss called it (the document request) a "witch hunt."  The public learned that the grant application for designing a park at Newlins and Richmond has been rejected.  The Board okayed the purchase of the Panzini property on Zucksville Road.  It is adjacent to the Township Community Park.  And, all in attendance learned that the Meco/Sullivan traffic light project is proceeding. 

Public Comments (non-agenda)

• Sandy Hanks - Chairwoman of the Forks Elected Auditors, read a prepared statement to the Board detailing her recent experience with a Right to Know Law document request in Forks Township.  She said that she discovered on the Township website that one of the working Supervisors was listed with a different title than the one the auditors had been given to consider in setting 2010 wages.  The auditors were told that the title and accompanying duties were that of a part-time monitor at the Community Center.  The website now lists the Supervisor as Office Coordinator - not part time monitor.

Ms. Hanks submitted a document request so that she could learn how this title change came about in order to make a decision about whether or not the auditors would have to have another meeting to re-consider the Supervisor's wage in view of the new job title.  Forks Open Records Officer provided her with only one of the documents she requested, a job description for a monitor.  It had an attached post-it note that said the monitor job description was the same as that of part time office coordinator.

Ms. Hanks also received an email from the Open Records Officer denying that there were "... covert plots, secret E-mails or sinister operations that have taken place."  She said that someone wrongly guessed her motives and she referred to this as "extraordinary."  She also quoted from the PA Right to Know Law, " A local agency may not deny a requester access to a public record due to the intended use of the public record by the requester unless otherwise provided by law.”

Ms. Hanks said that she received only one document and no explanation of why the others were not produced.  She assumes that this constitutes a "deemed denial" and may pursue an appeal to Harrisburg.

After Ms. Hanks finished her statement, there was silence in the room.  (See below - Supervisors Comments - Howell - for Board members reactions.)

Supervisors Comments 

• Supervisor Billings said that the Recreation Board (Rec Board) meetings have not been advertised.  They meet on the third Sunday of every month.  He made a motion to advertise their regular meetings as well as their February 21st meeting as the re-organization meeting - to elect officers. 

Chuss asked if it is required to advertise the Rec Board meetings.  Kline said that the Second Class Township Code says the BoS can establish a Recreation Board.  Forks' Rec Board does handle taxpayer money.  And, although this issue hasn't come up before, in the past, the Township's (paid) auditors have said that they thought they should be auditing the Rec Board. 

The Township gives money to the Rec Board which in turn decides how to allocate it to the athletic association (Forks Township Youth Sports Organization - FTYSO) and other projects.  Kline said that since public money is involved, it is appropriate to advertise the meetings.

The motion included the reorganization meeting of the Recreation Board and discussion included having Solicitor Kline attend that meeting.  Chuss questioned whether or not the Rec Board had already held their re-org meeting.  Howell said that Supervisors haven't seen any minutes from a January meeting.  Rogers said that it was on the schedule at the Community Center and that the Rec Board meetings are advertised on the Community Center electronic sign. 

Howell asked if the Rec Board bylaws have been read by the Board.  He asked too if the Zoning Hearing Board and Planning Commission have bylaws as well.  Kline said that the Zoning Hearing Board is guided by the MPC (Municipalities Planning Code) and technically the Rec Board is created by ordinance and has only those powers delegated to it by the BoS. He said that he has "never seen an ordinance creating the Rec Board" - in the last 30 years nor is there any reference to one in the Township code. 

Supervisors can adopt an ordinance and establish exactly what powers the Rec Board will have.  Then the Rec Board can adopt rules and regulations that are consistent with what the ordinance states.  Howell said that it is the only appointed board in the Township that does not require residency.  He suggested that if the Board is going to adopt an ordinance that it take a look at the Rec Board bylaws and current customs and jointly with the Parks & Recreation Standing Committee, come up with a "reasonably decent ordinance."  Chuss recommended that the issue should be taken up by the Parks & Recreation "subcommittee" and that they should work with the Recreation Board.

The motion was altered to note in the advertisement that if a re-org meeting is required it will take place on February 21.  It passed with a 5:0 vote.  Schnaedter will submit the advertisement and notify the Rec Board.  Kline will send copies of the provisions of the Second Class Township Code that deals with the Rec Board to the BoS and to Schnaedter.

Howell offered a motion to authorize the Parks & Recreation Standing Committee to study, recommend, and discuss an ordinance dealing the the Rec Board and to make a recommendation to the BoS.  This passed in a 3:2 vote with Egolf and Chuss casting the nay votes.

Howell asked a "procedural question" about the fact that the Board was going to allow the Rec Board ordinance issue to go to the standing committee "by consensus."  And, then Egolf and Chuss voted against the motion asking for an ordinance.  Chuss said there was no need for the motion.  Howell said that the Board is asking for an "ordinance" and not just a study or recommendation from the committee and it is appropriate that the Board vote on it. 

Egolf said that he voted "no" because when the Board asks a committee to come up with recommendations, the committee chairman has the responsibility to follow through and to report back to the BoS - and this process works well.  Egolf said that he is afraid that creating an ordinance will come back to "haunt us" and that in the future "every time we ask for something it's going to be in form of an ordinance - and I don't think we're here for that." 

Billings asked if one must be a Forks resident to be on the Zoning Hearing Board and the Planning Commission.  Kline said that he didn't know if the Second Class Township Code requires residency.  He said he will also double check the MPC.  Chuss asked if there was a problem?  Billings said that in the interview process for seats on the PC, the question was never asked of any of the candidates.  Chuss said that the applications have candidates' addresses and it can be dealt with at the time.  Kline offered that having a candidate with excellent qualifications who lives in another municipality and also having a residency requirement could mean "cutting your nose to spite your face."

• Supervisor Egolf announced that he had a few copies of the very interesting Delaware and Lehigh National Heritage Corridor Field Guild to Birding and Wildlife.  He said that copies are available and are worthwhile reading.
• Supervisor Howell addressed Ms. Hanks comments (see above).  He said that he received an email from Ms. Hanks regarding a Supervisor's new title on the website contact page.  He said that he was surprised when he looked at the Township website contact page and has no idea what was done to change the job title nor how it happened nor how/if the Board ever approved it or a $2/hr wage premium over the regular monitor rate.

Howell asked Ms. Hanks about the post-it note on the job description.  She read, "PT CC Office Coordinator falls under same job description as Monitor."  She showed it to Howell who said that the document contains no effective date, no approvals and no indication of revisions.  He said that the others who held this position, Kimee and Carol (no last names given), did not appear to have the role of monitors.  It was a different job, they had office positions and had premium hours (no weekends or evenings). 

Howell said that the job Ms. Hanks wrote about in her email is a different job with different priorities.  It should be approved by the Board.  Howell doesn't think the Board ever approved it nor did they set the wage.  He said that it was likely set by a prior manager and that it is "a matter of custom that Mr. Miller would fill the spot as needed."  If the post-it note is correct then all the monitors should be trained to handle the duties at the desk and the office coordinator title should be discarded.  This way all monitors would do the same thing and there would be no "inaccurate" special position listed on the website.

Howell said that he is "not trying to personalize the argument."  He wonders why Miller needs a person and what criteria is used to chose one person over another especially when that person is an elected official. 

He said that he has never been an advocate of having working Supervisors on board and that he has served in three election cycles and in the first two, has never been able to convince a majority of the Board to define the role of working Supervisors and to define employment and Board restrictions. 

He added that "in defense of Ms. Rogers," he doesn't think anyone has sat down with her to define her role and whether as an elected official, she is a union or an at-will employee - PA law may dictate this.  Howell said that Rogers is likely not aware of restrictions applicable to her role as Supervisor.  For example, the Board meets in Executive Session to discuss personnel issues.  At times, the subject may be the performance of other monitors.  "As a Supervisor-employee-monitor, should she be allowed to join those discussions or even be present at those discussions?"  Should she be allowed to be present or vote when salary rates are discussed for monitors or other Township employees?

Howell mentioned Human Resources Manager Barbara Bartek's role in regard to a working Supervisor - to be sure that the Supervisor is being treated fairly "in relationship to others or vice versa."  He suggested that Ms. Bartek review with Rogers any possible "conflicts of interest and issues of undue influence." 

He said that Miller reported directly to the Township Manager.  This is different now as Rogers reports to Miller.  She has a subordinated role to someone who is not a director or the Township Manager. 

Howell said that he is asking for a simple "rules of the road" policy for working Supervisors.  And, he hopes that by the end of his term, there one is in place.  In fact, he noted, a number of townships have policies or have eliminated working Supervisors as "impossible to regulate or to control."

Rogers said that she takes "it personally."  It is now an issue that a working Supervisor is in the role of office coordinator.  She said that no one has asked her anything.  No one has asked, "What do you do? or What's your day like?  or What hours do you work"  She asked why this is an issue now when it wasn't in the past?

Rogers said that the $2/hr more is not true; she earns what all monitors earn.  She said that the person who was in the role before "may have self imposed" the title of Office Coordinator.  Rogers said that she does what monitors do.  "I do clean toilets on occasion" but not as much now as in the past.  She breaks down and puts up Jazzercise and volleyball nets by herself.  She empties trash and sweeps the floor.  She handles money, receipts, accounting, and does some of the work of both (the late) Bob Kadjeski and Carol Osifchin (former Community Center Office Coordinator) including entering sports sign-ups into the database. 

Rogers said that, as the person affected, she should be but is not included in "the dialog" and is beginning to feel harassed.  She believes this is a trust issue and that she was given opportunities because she is trusted but apparently her peers or other people don't (trust her).  She also said that she has been "the topic of conversation for a while on several minds" but no one has talked to her.

Chuss said that there are two issues, one is open records access.  He got Ms. Hanks email and deferred it to the Township Manager.  He hoped that the job description provided satisfied the request. 

Schnaedter said that Ms. Rogers is a "monitor plain and simple."  He said a secretary put the title on the website because Rogers is doing much of the work that the last coordinator did and because people call and ask for Carol.  Schnaedter said that there were no emails and that he will remove Rogers name and the title from the website.  Ms. Hanks offered that if "every monitor is the same, and they are all monitors," then either all monitors should be listed on the website, or none.

Schnaedter said, "Nothing has changed."  He gave the Elected Auditors a rough description of what monitors do.  The written job description predates him and he has no idea why there were no signatures or dates on it.

Chuss offered that Ms. Hanks, if she feels that information was not provided to her, should submit another Open Records request.  He said that when he read Schnaedter's response, he understood that there was no additional information available. 

(Finance Manager Farley) said that all the job descriptions were done and approved by the Board in the second half of 2006.  Howell said that he thought the Community Center Office Coordinator title and its premium rate should be formally buried.  Rogers offered that she is owed some back income since she was listed on the website as an office coordinator but not paid extra. 

Chuss offered that the Human Resources Manager review and update job descriptions.  He thought, "...it almost sounds like a typo issue on the website and it's really gotten out of hand." 

Ms. Hanks asked Rogers what the weekly hours are for monitors and what her hours are.  Rogers replied that monitor hours can be as few as 15-20 per week or up to the part-time maximum.  She started to say what her hours are but Chuss cut her off and ended the discussion saying that he has let it go this far and it is not an agenda item and in the future anything like this should be put on the agenda. 

Chuss then said that the second part of his comment is what he sees as somewhat of a "witch hunt."  He said that there are people who do not like Supervisors who are employees.  He said that Howell was one of them.  Howell asked Chuss if he was accusing him of "personalizing" the issue.  He reminded him that in 2004, he didn't even know Ms. Rogers.  Rogers offered that no one knows her now "but you're making all kinds of remarks." 

Chuss continued that "some" people are personalizing this and that there are "hundreds, if not thousands of cases of this in PA."  He went on to say there was an article last summer in a PSATS (Pennsylvania State Association of Township Supervisors) publication about it (elected officials as employees).  He said that the people who voted her in were well aware of her position (at the Community Center). 

This ended with Ms. Hanks asking Chuss to verify that it "was a mistake on the website."  He said, "That's what it sounded like." 

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

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that the committee has not met since the last Board meeting.  The next is scheduled for Wednesday at 7:15 PM.  Egolf turned his report time over to Fire Chief Charles Chapman who told of the cell phone 911 call made by five year old Tyler Swass and the challenge it presented - a cell phone call does not give a correct address.  The police asked the dispatcher to call Tyler back and to have him go outside and wave down the police car.  Tyler said that no one taught him to dial 911.  He picked it up by watching TV.  Chapman said the Fire Department will go to Tyler's school and recognize him in front of his peers as well as present him with a plaque.  This will help to reinforce a lesson to the kids about dialing 911 in an emergency.  The story went national on CNN.  Tyler is the nephew of one of the Township's firefighters.
• Public Works - Supervisor Howell - had no report.  Schnaedter said that Kimmel Bogrette will make a presentation (of the public works garage) to the PC at its February 11 meeting.  Egolf asked Schnaedter about something in the Supervisors packets.  Schnaedter said that it was for the goal setting session on Monday and was a status report of what was left undone from last year's goals. 
• Parks & Recreation - Supervisor Rogers - said that the committee met last night and that there was a request to consider new fitness center equipment.  She said that more information is needed.  Other items discussed include:
  • The athletic association (Forks Township Youth Sports Organization - FTYSO) has a gap in its budget and will provide a monthly analysis of actual versus projected expenses as well as a back-up plan to close the gap. 
  • Dan Martyak, president of FTYSO, was to provide the committee with status updates but it is too much for one person.  Billings offered to help.
  • The five acres fields have been seeded but there are drainage and other issues.  Schnaedter will get updated information. 
  • The tentative completion date of the amphitheater may change to July 1.
  • There will be a $4,100 addition to the Community Park electronic sign on Zucksville Road.  It will identify the Community Park, be placed over the electronic sign, and be burgundy with yellow lettering.
  • New playground equipment is on tonight's agenda.
  • Miller reported to the committee that it is the busy season with basketball and volleyball.  Also, the Community Center has four new employees.
  • The Planning Commission (PC) was there to discuss the recreation paths.  They want to work with the committee, the Rec Board, and the FTYSO to complete the east west corridor, do signage (warning and directional), and to do the recreation master plan including tot lots and parks - everything in totality.

Billings asked if a motion was needed to purchase the new park sign.  Schnaedter said that he had wanted to talk to the Recreation Board before taking it to the Board.

Rogers made a motion to approve the new sign with a not-to-exceed price of $4,100.  Billings seconded.  In discussion, Ms. Hanks asked if it complies with the zoning ordinance for signage.  Zoning Officer Weis said it will be smaller than the one on Sullivan Trail.  Rogers said that it (the topper) is 18" X 112".  Former Supervisor Nicholas said that it is probably too big.

The motion passed 5:0.

Howell asked that all committees copy the Board with agendas.

• Community Relations - Supervisor Chuss - said that the committee has not met since the last BoS meeting.  The next will be on February 8th at 4:30, just before the 5 PM start of the goal setting session.  Chuss also said that advertisements are posted for the Forks Arts Society at the Municipal Building and at the Community Center - although that one has disappeared.  He contacted the Morning Call and will contact the Express Times to see if they have any interest in the story.  He said he's talked to a lot of people who are very excited about it.  He has fliers for anyone who wants one.  Howell thanked Tony Nauroth for the story in the Express Times on the Forks Quarterly winning second place in the PSATS communications category.  He thanked Schnaedter for being the editor. 
• Finance & Administration - Supervisor Billings - said the the committee will meet next Wednesday at 6 PM.

Township Manager's Report - Schnaedter reminded the Board of the Monday night goal setting session.  It will start promptly at 5 PM.

Engineer's Report - Muller reported that the meeting with PennDOT, Verizon, and Met-Ed took place and that the Meco/Sullivan light is moving along.  Within the next month there should be some answers.

Egolf asked how much Benchmark will be involved as this continues.   Muller said that their design role is securing the permit.  Egolf noted that the Township has given Benchmark thousands and thousands of Township money and the light is still not where it should be.  Egolf said that his antennas go up whenever he hears "Benchmark."  Muller said that the issue is not all Benchmark.  There is work to be done as no bid packages have yet been put out on the project.  An "aggressive schedule" could have it built by the end of summer.

Howell asked about Town Center 2 starting since he saw a construction trailer at the Met-Ed pole yard.  Zoning Officer Weis said that the trailer belongs to the sewer project.  Howell asked if offsite improvement money could have been paid by Zawarski for the Meco/Sullivan light.  Kline said that the Township cannot require offsite capital improvement money but PennDOT can. 

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

General Obligation Bonds, Series of 2010 (Jim Farley, Finance Manager) - Farley said that at the last meeting, the Board approved the new financing.  Mr. Michael Gaul presented the Board with a "preliminary authorizing resolution" for the 2010 bonds.  This will call the 2003 bonds "conditionally."  A minimum 30 day notice is required.  March 23rd is when the 2010 bonds will close.  The closing on the 2010 bonds will not occur unless the proceeds for redeeming the prior bonds are available. 

The resolution needs to be approved and signed.  Bid night is February 18th. 

Egolf made the motion to approve and sign.  Rogers seconded.  In discussion Billings asked about the "not to exceed" amount of $12.75 million as he thought it higher than before.  Mr. Gaul said that it is normal to set it higher so that it need not be reset when/if the bonds are sold at a discount or a premium.  Of the $12.5 million, $3.7 million is for the public works garage.

This passed 5:0.

NEW BUSINESS

Business and Commerce Association Presentation - Forks Township Community Days (Rick Schnaedter, Township Manager) - Brian Lokitus, president of the Business and Commerce Association of Forks Township (BCAF) addressed the Board and offered the services of BCAF to organize this year's Community Days event.  BCAF learned that the Bennetts will no longer be doing it.  Mr. Lokitus said that they would organize a committee and use last year's volunteers.  With BCAF in charge, it would insure continuity from year to year.  He said that he would like to make an announcement at the BCAF meeting at Gennaro's next Tuesday, February 9th at 11:30.  

Schnaedter said that the opening for Community Days coordinator has been advertised on the Township website for about a month.  Several people have called and volunteered to help but not to be the coordinator.

Billings asked how it would work with BCAF as the organizer.  Mr. Lokitus said that he envisions a committee of two or more members who will organized and solicit volunteers.  Billings asked if they would be open to athletic association (FTYSO) participation.  The answer was "absolutely" and that BCAF wants to make it an even bigger and more interesting event for the community - possibly drawing people from outside of Forks - to showcase the Township.

Farley said that Forks Community Days is a 501(c)(3) and its charter requires officers names in the charter.  He suggested the BCAF contact the Bennetts to resolve the leadership change.  Farley said that he has helped the organization with its year end financial reconciliations and will "help transition the information over" to BCAF.

Mr. Lokitus said that he is open to being "very cooperative with the township, the community, and the citizens" to make it a great event.  Chuss said he thought it was fantastic and that the details can be worked out later. 

Farley suggested that a joint meeting between the current members and BCAF be held to work out the 501(c)(3) integration details.  Mr. Lokitus asked for a copy of the bylaws so that BCAF can see how integration in accordance with the bylaws can be accomplished. 

BCAF received the support of the Board in its Community Days endeavor.

Resolution # 100204-2 / Deed of Dedication for Heather Lane A and Heather Lane B in the Preserve Subdivision – Phase 1 - (Karl Kline, Solicitor) - Kline explained that this is standard acceptance - the roads have been inspected and approved.  Billings made the motion.  It was seconded by Howell and passed 5:0.

Municipal Park Playground Equipment Replacement Purchase (Rick Schnaedter, Township Manager) - Schnaedter detailed the quotation from George Ely Associates for replacement playground equipment - a three leg 10 ft. high swing set, a three bay six belt swing package, and a powder coated frame totaling $3,023.  Also, there is a "Chipmunk Spring Rider ($915) and a recycled plastic sand box.  The existing equipment was inspected by public works and deemed to be in bad shape with holes and a rotting foundation. 

Howell made the motion to purchase.  Egolf seconded.  It passed 5:0.

COG Cable Franchise Survey Agreement (David Billings, Supervisor) - Billings said that the Cohen Law Group wants to survey municipal members of the Two Rivers COG (Council of Governments) to determine interest in forming a consortium to negotiate a cable franchise.  Right now the law is changing and allows each municipality to have a cable franchise but is strict about negotiation.  Billings said that this survey is just exploring the possibility of interest and no municipality is bound by it. 

Kline said that for the last five years or so the Cohen Law Group in Pittsburgh has indicated that they have special expertise in this area.  They actively solicit municipalities in PA.  At no charge, a municipality will get an oral review of its documents - with the possibility that Cohen may sell services at a later time.  Kline suggested that the Board be careful since Palmer is different than Forks is different than Easton is different than West Easton.  All have different contracts now that probably expire at different times.  It will be difficult to negotiate for an entire COG.

Schnaedter offered that it is a questionnaire that can be submitted with the Board's authorization. 

Howell asked when the first opportunity would be that Forks would incur expenses to the Cohen Law Group.  Billings said that would be when a cost estimate is presented to and accepted by the Township - for negotiating the cable contract.  He offered that the tricky part will be Verizon because it will probably be coming to Forks next year - since Forks fits the "profile."  Forks will have an opportunity to negotiate with Verizon under the 2007 Act.  Howell asked if ATT is coming as well.  Billings said "no."  There was a consensus vote to "take step one" and send in the completed questionnaire.

Real Estate Purchase (Karl Kline, Solicitor) - Kline said that the Township has been in discussions with the Panzini family over the purchase of their 708 Zucksville Road property.  Currently, Mrs. Panzini lives in the house but must leave soon.  The 1.64 acres is contiguous to the Township park and has about 400 feet of frontage on Zucksville Road.  The Township will pay the appraised amount of $230,000 for the property.  Settlement will be on or before March 31st.  The family has reserved the right to remove the lilacs in the spring and requested that the Township install a plaque on the house referring to it as the Panzini Community House (or similar language).  If the house is torn down, the family requests that the plaque be moved to another location on the property.

Howell asked if the Township has the money.  He was told by Farley that the recreation acquisition fund can be used because the property is contiguous to the park.  Howell asked if the property's zoning had to be changed before the purchase and Kline said no, as long as it is being bought for additional park land.

Egolf asked what the plan was for this property.  Chuss said that there is no plan for the recreation impact fee money as it is.  In fact, Chuss said that the Township's grant application for planning the park at Newlins/Richmond was rejected.  He thought that future recreation plans for both parcels can be developed.  Egolf said that he would feel better if there was a plan, even a simple one, before the settlement date since recreation money is being used.

Kline offered that if a motion is made immediately after the resolution to purchase is approved, indicating that the Township commits to using the land for recreation, Egolf's concern about using recreation funds for the acquisition is satisfied.  Two motions are needed, one to buy the property and one to commit to using the land for park and recreation purposes.

Both motions passed 5:0

Authorization to request bids for Amphitheater (Rick Schnaedter, Township Manager) - Schnaedter asked for authorization to get bids for the amphitheater.  Staff has reviewed the specs.  Bids will be accepted until the bid opening date of March 8th.  The project is now one month behind the proposed CMX schedule making July 1st the new expected completion date.

Howell made the motion to authorize.  Billings seconded. 

In discussion, Chuss said that he has concerns about the cost and wants a five year plan from the Recreation Board.  He said that Schnaedter has offered to run the amphitheater programs in the first year but who will run it in the future?  He thought it premature to move forward.

Billings said that this is just to get bids so that the Board can see what it will cost and that the Board reserves the right to say no.  Egolf said that while chairman of the Parks and Recreation Standing Committee, he struggled with the Recreation Board to get a five year plan.  Progress has been made and the plan is further along than it was last year.   

Howell said that the amphitheater represents a "truly all generational capital improvement for the park."  He said that this is the best time to build it and it will not by financed with taxpayer money. 

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

Authorization to advertise Solar Ordinances # 313 and # 314 (Karl Kline, Solicitor) - Kline said that the Planning Commission held a public hearing on the Solar Ordinances and no one showed up.  One of the ordinances changes zoning and the other changes SALDO (Subdivision and Land Development Ordinance).  Both regulate residential and non-residential solar uses.  Copies must be sent to the Lehigh Valley Planning Commission.  He asked the Board's permission to advertise the BoS public hearing for March 18th at 7 PM, just before the regular meeting where the ordinances will be considered for adoption. 

Billings said that the EASD is conducting a study of putting solar panels in the schools.  He asked if the school district submitted a plan if it would be subject to the ordinance.  Kline said that they would not be subject to the ordinance if they submit a plan before the March 18 adoption date. 

The authorization to advertise was approved with a 5:0 vote.

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

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