BoS Meeting 10/20/05

The October 20th Board of Supervisors meeting was lengthy but not filled with developers' projects as the agendas normally are. Both Sarah Mausolf (Express Times) and Fred Walter (Morning Call) were there. The meeting was preceded by a FIRE DEPARTMENT/5 YEAR PLAN: QUESTIONS & ANSWER WORKSHOP and by a Conditional Use Hearing for STRAUSSER ENTERPRISES/RIVERVIEW - PROPOSED RECREATION CENTER. Both topics were discussed later as agenda items during the regular session. Supervisor David Hoff was not in attendance.

REPORTS: SUPERVISORS, MANAGER, ENGINEER & SOLICITOR

• Supervisor Don Miller said that the fall season at the Community Center is "finishing up" and this weekend will be the "clash of the Titans" when Forks plays Palmer. Winter sign-up is underway at the Community Center. He said too that the Recreation Board has been putting money aside for the last eight years for a sign at the Zucksville Road entrance to the park and would like to put that out for bids. They are now working on putting money aside for lights along the park entrance road (from Zucksville) to the recreation path and then down to the second parking lot.
• Chairman John Ackerman said that he and Township Manager Kichline received a letter from Alice Bartholomew (sic) regarding the bike path near her home. They will discuss it and get back to her. He complemented DPW Director Gary Sandt on the Public Works Report and suggested that all departments use it as a model.
• Township Manager Cathy Kichline said that she made inquiries about dog parks to other communities and put her findings together for the Board to review. She said too, that, working with Keystone (Engineering) who provided her with a number of plans, she compiled a Sewer Management Program recommendation which she put in the Board's packets. She said that "we" will be meeting with PennDot on the 27th regarding a traffic control device at Arndt and Bushkill Roads. She reminded the Board that there are a few slots left for the Township employees Halloween Blood Drive on the 28th. And, she reported that there were about 60 participants in the first Family Bike Day and that it was a great success and raised money for breast cancer awareness. She said too, that the Township received a $126K dividend from its health care provider because of the Township's employees had few claims in 2004.
• Zoning Officer Tim Weis noted that Matt Miller spent the last few days at Kutztown University taking the final installment of planning (?) certification. (We apologize but we could not hear what Mr. Weis said about the curriculum.)
• DPW Director Gary Sandt said that the DPW has been busy the last 2 weeks because of the storms and that they expect to begin leaf pick-ups by 10/24. Ackerman noted that the leaves are falling later this year.
• Finance Manager Jim Farley said that he is continuing to work on the budget process.
• Engineer Fred Hay said that he recommends a 7' wide bike path on Old Mill Road, two 13' wide travel lanes and no parking on the north side from Sullivan Trail to Marigold (to address the request made by Lockwood Congress residents for a sidewalk.) Nicholas asked how much that will cost and Hay replied that it will be a lot cheaper than sidewalks. Kline said that this will require an ordinance as parking is currently allowed on the north side. He will draft it before the 11/3/05 meeting.

CORRESPONDENCE - Supervisor Henning Holmgaard said that he had a sinkhole letter (from a resident) that was to be included in the Minutes. Ackerman said that it will be discussed next meeting as they have not had time to read it yet.

COMMENTS FROM THE FLOOR (NOT AGENDA ITEMS)

1. Resident Bill Carter (sic) cited the EMS subscription letter that he received and asked how the Township could do business with an agency that is 3/4 of million dollars in debt. Ackerman said he appreciated his comments and that Board will talk about this when they are preparing the budget. Nicholas asked where he got the information and Carter said that it was from the subscription insert.
2. Gretchen Gerstel stated that the Easton Suburban Water Authority is taking over the City of Easton Water Department. She requested that they be invited to address a Supervisors' meeting to explain to Forks residents the advantages and disadvantages of this arrangement. She said that she heard that the Easton Water Department is in financial difficulty and wondered why the Suburban Water Authority would want to take it over. She specifically asked, "What's it going to cost the residents of Forks?" Ackerman said that the Board will try to get them to come to the next meeting if possible.

UNFINISHED BUSINESS

STATUS UPDATE BY ALEX GALE/MUNICIPAL COMPLEX - Alex Gale's fact filled report included the following:

• The communications conduit (for both copper and fiber optics) run is completed and will improve the reliability of communications between the new buildings.
• UGI missed two dates to hook up the permanent gas at the Municipal Building and showed up this afternoon with a new guy. He called UGI and was assured that his data would be checked thoroughly. The site is totally prepared for them. (The woodwork is due in a week and the new Municipal Building must be heated.)
• There have been no viable offers for a free Christmas Tree and he suggests relocating an existing blue spruce which has a double leader but which can corrected by pruning to look more like a Christmas tree. To this, Supervisor Bonnie Nicholas said that she has a nice blue spruce on her property and that it will soon be too near the overhead wires and will have to be cut down. She offered it to the Township. Gale will check it out. If it isn't suitable, Holmgaard suggested that Gale go ahead with the move of the other tree.
• Gale was on the verge of looking for a new contractor for the network cabling between the buildings but the one under contract called today and said they would be here tomorrow.
• In discussion of the revised schedule for the Municipal Building Gale said that the roofer has pushed the schedule back as he has only worked one week in the last 4 weeks. This is because of a payment problem with the general contractor. Apparently through a paperwork error, the GC neglected to pay the roofer. ($180K+)
• There was water damage because of a missing skylight in the atrium area. It is being replaced.
• There are major problems caused by the roofer on the Police Department. Two hundred square feet of the roof must be removed to find the leak there. Nicholas asked how much damage occurred inside of the PD building? She was told that only about 5 ceiling tiles were damaged. There were substantial leaks in the firehouse and all but one is fixed. Nicholas suggested that the roofer be backcharged for Gale's extra time also since the roofer is delaying the entire project.

Gale brought up the subject of his compensation and said that Kichline told him that it was discussed in Executive Session and that he was to be restricted to 40 hours per week. He said that he can "live with that" but will stay longer if he needs to whether he is paid for the extra time or not. Ackerman said that Gale must confer with Kichline if he needs to stay longer and she will report back to the Board. Nicholas added that Hoff said (in the Executive Session), "He can work 50 hours but we are only paying for 40." Gale said that going back to October 2003 he put in over 1100 hours over his estimated hours (in his proposal) in the early stages of the project. He said that the extension of the time and the additional reviews early in the project were created by the Township. The PD was completely redesigned, including a total redesign of its roof structure. He spent Thanksgiving Day last year there because the roof collapsed at the firehouse. He had thought he could now bill the Township for the extra hours. Ackerman said that his time should have been handed over to the insurance company. Gale said that it wasn't and that none of that time was paid for. Gale said that he has given a helluva lot back to the Township and he gets paid $48/hr while the electricians on the job are getting $88. He said he's the guy with all the "crap on his back."

GOLLUB PARK - Ackerman reported that he Miller went to the park. Hay stated that he and Sandt believe that they can put in an 8' wide path. Ackerman recommended taking the big tulip poplar down because putting in the path will damage the roots of the tree. He also recommended using stone on the path instead of mulch (which will rot). Hay said that the path should go on the upper side of the right-of-way. Miller suggested starting the path beyond the poplar tree. Kline suggested that one of the property owners near the park, (Krause) be asked if they will grant an easement where the trolley line is before the path goes down to the right of way.

To this, Paul Harrison (another near-park resident) said that Ken & Bonnie Krause (who could not be at the meeting) will grant an easement so that the path can go around the 80 year old poplar tree. He said that this is what the 4 homeowners who live there would prefer, minimal impact. Nicholas said that the 2 other property owners may take the trees down anyway because they still have the use of the right-of-way. Pete Rossi, one of those two other property owners near the park, addressed the Board with an "update" saying that he got the results of surveys since 2004 and that the Township has spent over $40K on park surveys (since 2004). He added that the Township is the largest landowner up there and that the park is available to the public. He thought that the Township should put the path in on the full length of the right-of-way down its center. He said that he has the right to drive on it to have access to his property. He asked that the Township not force him "to do something he doesn't want to do." (Cut the trees?)

Harrison said that he understands that the path will resemble a driveway and can support a vehicle. Hay clarified that the path will be designed for very occasional traffic and said that he is in favor of the easement. This was tabled until 11/3/05 in a 4:0 vote after Hay goes out to look at it another time.

NEW BUSINESS

COMMUNITY ACTION COMMITTEE OF THE LEHIGH VALLEY - Katherine Watt (sic), a senior planner for the CACLV described her group as the parent organization of the Lehigh Valley Coalition For Affordable Housing that every year sponsors a municipal fund appeal. This appeal functions to even out the funding for their shelters, all of which are in Allentown, Bethlehem and Easton. They are supported in part by those cites. Her group believes that the other municipalities in the LV share some responsibility to help support those shelters. She said that 25% of the people using the shelters are working people and that 45.8% of the people in those shelters in 2004 were from outside of those cites - 1137 people were from the suburban municipalities. The shelters are places where people find self-sufficiency. Watt said that Safe Harbor (in Easton) was hit very hard by the flood. She was there to ask the Township for $5663, an amount based on a formula using per capita income from the 2000 census. Forks has not contributed to the program since 2001, when it promised that they would be a budget line item every year. Ackerman asked how many Forks residents have used the shelters and was told 10 in 2004. The Board will discuss this at its budget meetings.

CONDITIONAL USE/RIVERVIEW - PROPOSED RECREATION CENTER - Conditional Use was granted in a 4:0 vote with the Keystone Engineering review letter included. Hay added that the Township is also asking for a snow easement on the cul de sac. This private recreation center will be owned by the Riverview Homeowners Association.

RESOLUTION 051020-1/AMENDMENT TO SECTION 457 DEFERRED COMPENSATION PLAN - Kline explained that the Township's insurer (since 1973), Variable Annuity Life Insurance Company (VALIC) prepared a new plan to be in compliance with the changes in the Federal pension regulations. The resolution was adopted 4:0.

RIVERVIEW ESTATES, PHASE 1/COMPLETION OF IMPROVEMENTS - Kline said that he sent a letter to the Board regarding Phase I as much of the work is still not done. The people who live there are complaining. It has been nearly a year since the last house was sold there. The Board voted 4:0 to give Strausser until the end of November to finish the project or the Township will use Strausser's letter of credit and finish it for him. Hay suggested that the letter of credit financial institution be notified.

APPOINTMENT OF FORKS TOWNSHIP EAJSA REPRESENTATIVE - Forks needs to replace its representative on the Easton Area Joint Sewer Authority. Ackerman said that he thinks the representative should be a Supervisor. Holmgaard has volunteered and Kichline noted that a resident, Carl Decker (sic) has also sent in a letter of interest. The terms are 5 years and this unexpired term ends in 2009. There is no pay. It was decided that the appointee need not be a Board member but that he/she must be a Forks resident and must report back to the Board. Kline stressed a strong advocate for Forks is absolutely critical. The Board will interview Decker and make a decision.

SINKHOLE/ROW EASEMENTS - Ackerman put this item on the agenda because of problems with sinkholes in right-of-ways. Hay said that every lot (per ordinance) has a 10' perimeter easement, it's a general blanket utility easement. He said that the issue that has come up is that people have been putting things in the swales along common property lines. Kline explained that the Stormwater Management Ordinance prohibits structures or obstructions in stormwater easements. A covenant, required in all subdivision plans, states that if there are obstructions (like a fence) the Township can remove it at the owner's expense plus 20%. Kline said that "inlets" may be used in the future so that water flows underground.

Resident Brad Wells (sic), the author of the letter that Holmgaard brought up during the CORRESPONDENCE section of the meeting, said that a neighbor's fence post caused a sinkhole and that other neighbors have sheds and play sets in the swale. Wells asks who is responsible? The Township approved the fence. Holmgaard says that the property owner is responsible. Wells says that when people get construction permits, they must be closed out with an inspection.

Wells also asked that public use of the Township recreation center and fees be added to the next meeting's agenda. He said that he objects to paying $11 for a half hour of "shooting hoops" with his daughters. He said that the outside public court is poorly maintained. Miller said that Wells facts on the fees are all wrong. Miller defended the recreation fees as "user fees" recommended by the State. Wells said that he is a taxpayer and Forks resident and feels that he should not have to pay to use the facility. He said that he cannot afford the fees. Miller said, "I don't know how can you afford to live in Forks then." Wells said that when he came here he had a good job. He no longer does. Ackerman told him that he can sign up for COMMENTS FROM THE FLOOR next time and he'll get five minutes to talk.

LIAISON RE-ASSIGNMENTS - Nicholas said that because there is no longer a sewer department, the liaison assignments should be changed and that it should be straightened out before the first of the year. Kichline discussed a proposal for five committees. She felt that there would be more communication between herself, the Board and the staff. Ackerman said that he does not want more jobs. He said that there are five areas: the Police Department, the Fire Department, Parks & Recreation, Finance, and the Public Works Department. Weis added that he talked to Chief Dorney about this and he thought it a good idea that Emergency Services and Public Safety be included together.

Holmgaard thought that committees are a good idea. Ackerman said he didn't think that Supervisors should limit themselves to be involved in only one area if they are interested in more than one area. Nicholas said that with departments meetings once a week and the two Supervisors meetings, there isn't time enough for a working Supervisor (and parent) to do it all.

Holmgaard remarked that the Township is now at a point where it's "too big and not big enough." Nicholas said that things should stay with the "chains of command" that have been established for another year and that right now Hoff has two areas, the Fire Department and Secretary/Treasurer (including the office.) She simply feels that he should have only one area of responsibility.

Miller felt that the Board needs to think about this and that a decision need not be made by next meeting. He said that there is an election coming up and the winner will bring to the Board other interests and a "life style of knowledge with him." Miller does not want to make any decision until after the election. Nicholas said that they have to have everybody ready to appoint at the first meeting in January. This will be discussed again.

APPOINTMENT OF PUBLIC WORKS DIRECTOR (End of probationary period) - Sandt's appointment was approved in a 4:0 vote. Nicholas asked if they must now advertise for a mechanic. Ackerman said that it would be taken up in the Executive Session since it is a personnel matter.

AUTHORIZATION TO BID GASOLINE & DIESEL - Kichline said that she has the advertisement ready and the authorization was approved 4:0.

REQUEST TO ADVERTISE BID FOR NEW FIRE ENGINE - Weis discussed this in the question and answer workshop before the meeting. This request is for a new pumper since the Township's existing one is 1983 vintage. The new one will have a 1500 gal/min capacity and will seat 6 fire fighters inside the cab. The department has 80% of the funding for this between the their vehicle replacement fund and a 2% loan. It will be almost fully paid for by the time it arrives and will involve zero tax dollars. Bids are due by the end of November. The request was approved in a 4:0 vote.

EXECUTIVE SESSION - No action was taken by the Board during the Executive Session (to discuss several personnel matters.) After the session the Board voted 4:0 to hire Ron Phillips as the Township's newest full time employee. He has been a part-time mechanic for the Township since Gary Sandt was promoted to the Director of Public Works.

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 10/6/2005

Both Sarah Mausolf (Express Times 10/7/05) and Joe Nixon (Morning Call 10/7/05) reported extensively on the 6:30 PM presentation of the Fire Department’s Five Year Plan. Please read the articles for the details. The presentation was done by Deputy Fire Chief Bryan Weis and was thorough and direct. Our Fire Department is indeed planning for the future. Kudos and thank you.

REPORTS: SUPERVISORS, MANAGER, ENGINEER & SOLICITOR

• Supervisor David Hoff (and liaison to the Fire Department) thanked Deputy Fire Chief Bryan Weis for the presentation at the workshop (and everyone else for their participation.)
• Supervisor Bonnie Nicholas suggested a bicycle lane instead of a sidewalk for Old Mill Road (and the Lockwood Congress residents’ request.) She thought that the road is wide there and that it (the bicycle lane) would be cheaper than a sidewalk. Engineer Fred Hay said that it could be crosshatched (painted diagonal lines) all the way to Towne Center Boulevard.
• Nicholas also said that she was at the Manager’s Meeting and that Police Chief Dorney wants all the men to use their card keys for fuel. She feels that all the employees who are going to use the fuel should have his/her own card key and not have a group share one key. Township Manager Cathy Kichline said that it cannot be done until all three buildings are completed.
• Nicholas requested that "Re-organization/liaison" be added to next meeting’s agenda.
• Chairman John Ackerman asked if the Township has a contractor to service the air conditioning system in the new building. Kichline said that the Township will have to accept proposals. Ackerman further asked if the Township is going out for bids on gas and oil and was told by Kichline that she and DPW Director Gary Sandt are working on it. He asked if anything was done about a four-way stop at Arndt Road yet and was told that it was part of Kichline’s report. He asked, too, that Jeff Laura (sic) (ambulance?) be added to the next meeting agenda. Kichline said that it would be more appropriate for the October 18 budget workshop and he was advised of that by letter (although he has not yet received the letter.) (Aside: The Express Times printed a legal notice stating that there will be two budget workshops, one on October 17th at 4:30 PM and one on October 18th at 4:30 PM).
• Ackerman also asked how quiet the dust collectors at Old Castle are and Hay told him that their operating permit must be renewed every year. Next he asked about Tax Collector June Vale’s memo regarding political sign permit fees. She wondered why Forks is the only municipality in the State collecting such a fee. Solicitor Karl Kline explained that the issue is one of "free speech" and that the fees are returned to the candidates after the election (providing they have removed all of their signs within 7 days after the election.) Zoning Officer Tim Weis said that only one candidate did not get his money back because he did not pick up his signs and the Township had to collect them. Ackerman was also told, when he asked, that permit fees are collected from County Council candidates.
• Kichline reported that she had a conversation with PennDot regarding the Bushkill Drive and Arndt Road intersection. A letter was requested (by PennDot). A meeting will be set up to discuss the intersection and why Forks wants traffic control there. She said too that the Memorial Tree drive is going well. And, she reminded the Board that the Halloween Employee Blood Drive is scheduled for October 28th and that there will be a Conditional Use Hearing for Strausser Enterprises Recreation Center before the next Board meeting on October 20th (at 7 PM). She also said that Hay’s office has compiled a package on on-lot sewer management. It will be available to the Board with recommendations at the next meeting.
• Dorney updated the Board regarding the police department’s accreditation process. The first of the final phase will be on Monday, October 10th. He thanked Public Works Director Gary Sandt, Alex Gale, Pete Gheller, Kichline and others for their help. If all goes well, by Thanksgiving, Forks Police Department will be the first and only accredited agency in Northampton County.
• Finance Manager Jim Farley said that he is working on coordination of the budget process and the new software.
• Hay reported that the Frost Hollow swale project is close to completion. And, he mentioned that Brachilano (sic) Paving will be working on the Suburban Water Company trenches soon.

During the DEBITS AND TRANSFERS portion of the meeting we learned that Recreation Land Acquisition is funded by developer fees.

COMMENTS FROM THE FLOOR (NOT AGENDA ITEMS):

1. Resident Joan Schultz (sic), a retired EAHS teacher and 42 year Township resident said that 6 years ago she requested a trash collection rate reduction (because she is only here six months of the year) and got it. Her new bill did not reflect her discount so she called the Municipal Building and was told she had to speak to Kichline but that she was not there. So she wrote to Kichline about it but got no answer. She came tonight because her issue is on the agenda. (See REFUSE PAYMENT POLICY agenda item for more.)
2. Two residents from Chestnut Commons Association, Ruthie (didn’t catch the last name) and Arky de Stephano (apologies for the spelling) brought their swale stormwater problems to the Board’s attention. They showed photographs and said that the swale has deteriorated in the last year or two because of the additional runoff (from new houses) and new huge stones. Ackerman asked that Hay look into it.

UNFINISHED BUSINESS

STATUS UPDATE BY ALEX GALE/MUNICIPAL COMPLEX - There were no questions for Gale regarding the projects finances. Nicholas asked if the schedule was the same as last time and was told that it was very close and that he will know better by the end of this month.

Some of the things that Gale reported include:

• Schoor DiPalma feels that the Township’s numbers are incorrect and that they have given him other numbers. Gale feels that he may end up getting Kline involved.
• The site contractor made a "sad attempt" to fix the landscaping and Gale recommends killing what’s there and regrading at the contractor’s expense.
• The large trees (60%) are to be spring plantings and Gale will stake everything out this fall.
• The communication network cabling contractor is behind and may need to be changed.
• The Simplex fire and security connections were completed today (dedicated phone lines with the County). Employee training is not yet done.
• The contractor for the underground cabling is 1-1/2 weeks behind and no more interim cabling can be done until the network cabling is in. Gale is asking Verizon for thoughts on an interim solution.
• The move to the new firehouse "went okay" and the fin tube heating covers will be in by the end of work on Friday.

NEW BUSINESS

LAFAYETTE MEADOWS/ADDITIONAL STREET LIGHTS - Accepted in a 5:0 vote after Solicitor Karl Kline explained that it is a standard resolution from Met-Ed for the activation of street lights and Kichline said that all was in order.

RESOLUTION 051006-1 BUSHKILL RIDGE ESTATES/ACCEPTANCE OF STREETS - Accepted in a 5:0 vote after Hay said that all was in order.

RESOLUTION 051006-2 STEEPLECHASE SUBDIVISION/DEED OF DEDICATION FOR STREETS IN PHASES 1 & 2 - Accepted in a 5:0 vote after Kline stated that all was in order and Hay said that he had inspected them.

GOLLUB PARK - After lengthy discussion and input from residents near the park, the vote was rescheduled to the next meeting on October 20th. Hay explained that he had finished the survey of the park. It is located at the very eastern end of Paxinosa Road. He said that there was a meeting on Monday with the property owners about how to continue public access to Gollub Park. Hay’s office staked out the center line of the right-of-way and think that an 8' rec. path can be put in to get to the park.

Kline explained that at the turn of the century people who owned property just laid out roads and lots without regard to topography. He said that there were two roads laid out (and if a road is not opened within 21 years after it is laid out on a plan, it cannot be opened as a public road.) The lot owners have the private rights of access over that "paper" street. There used to be a trolley line to the "point" but it did not follow the road and over time, people thought that that was the road. However, the old trolley line goes over private property. He said that another road was put in but it missed the right-of-way road.

Nicholas said that she was back there and asked if an 8' wide path would be acceptable and was surprised to learn that the Township was not responsible to make a road for the residents to get to their property. She further wondered if the Township path was going to be used by the residents to get to their property (if the path goes down the middle of the right-of-way.) Hay clarified that the path will be of mulch or stone and can run down the side of the right-of-way. When she asked if the Township could give the property owners a gravel path to get back there. Hay said that "if you want to build a road, you build a road. If you want to build a rec. path, you build a rec. path." He recommended that the Township not be involved in the liability of providing vehicle access (a public thoroughfare) to private property and said that no one else in the Township has access provided by the Township.

One of the property owners, Pete Rossi (Zoning Hearing Board), said that if the mulch path is kept to the south of the 30' right-of-way, that the mature trees that are in the right-of-way will come down (be cut) in order that he get access to his lot. He needs a 10' lane to his property. Kline explained that there should be a separation between where people are walking and where cars may be moving. Paul Harrison, a resident near the park, said that there isn’t much traffic and that people are already walking on their "driveway" now to get to the park. Another resident asked that the Township mark the path so that people going to the park are not using private property to get there. Ackerman asked to continue this to the next meeting to give other Board members time to go back there to see the site. Nicholas asked who is going to move the pole that is in the middle of the right-of-way?

RIVERVIEW WEST/FORKS TOWNSHIP RAILROAD LAND SWAP AGREEMENT - Kline explained that this is a land exchange between the developer and Forks Township. He said that in 1988 Forks bought the old railroad bed and that part of it is already a walking trail. Riverview Estates was required to build a recreation path that "honors the land that Forks has in that area." Riverview West asked when they presented their plan, if they could rearrange it to give the Township what it wants, a rec. path. The Township agreed as long as the path connects at both ends. Supervisor Miller questioned whether it connected and was assured that it does. The land swap agreement was accepted in a 5:0 vote.

FORKS TOWNSHIP YOUTH ATHLETIC ASSOCIATION AGREEMENT - Accepted with a 5:0 vote and no discussion.

REFUSE PAYMENT POLICY - A motion to not give any discounts to anyone was passed in a 5:0 vote. Kichline explained that the "conversion to Utility" caused this to be an issue because up until then, 12 accounts were given credits but that there was no written policy. She asked if the Board wanted to continue doing this. Supervisor Henning Holmgaard asked if the Township paid for waste pick-up on a per lot basis and was told that it does. Ackerman said that if some people don’t pay for the full year, then the rest of the taxpayers pick up the tab for them. Hoff said that no other senior citizens groups who asked were granted discounts. Miller said that the refuse collection companies who submitted bids were asked about senior discounts and none of them agreed to do it.

AUTHORIZATION TO PURCHASE VACUUM LEAF LOADER THROUGH PACC - This budgeted item purchase was approved in a 5:0 vote. Ackerman passed around flyers to the Board and Sandt explained the trucks features and that it can hold 5 times what our current truck can handle.

TRICK-OR-TREAT/OCTOBER 31, 2005 6:00-8:00 PM was passed in a 5:0 vote.

POLICE DEPARTMENT/SCHOOL INVESTIGATION S.O.P. - Holmgaard said that this was a continuation of his report from the last meeting. There was a meeting on 9/28/05 and Chief Dorney was asked to prepare the Standard Operating Procedures. Ackerman said that he thought it was very complicated and suggested that they wait for Easton to give Forks direction. Holmgaard said that "we cannot operate without some guidelines." Dorney explained that this policy states that Forks will respond to any and all emergency calls for assistance. It also says that Forks can go to the school for something that happened outside of the school (if they are conducting an investigation.) Ackerman asked if Forks could then go to Lafayette College (Metzger Field) and was told that Lafayette has its own police department but that Forks would assist in an emergency if requested. Nicholas said that she liked the fact that the EASD Police Department will have to call Forks through the (county) emergency system and that Forks will not respond to cell phone calls. She felt that this covered the Township from lawsuits. Nicholas also liked the fact that the document spelled out that the EASD police will be the primary police department at the school. The S.O.P. was accepted in a 5:0 vote.

BUDGET REVIEW (AUGUST) - Discussion began with Nicholas stating that there are a lot of budget items OVER 100% (over budget already - about $62.8K over in fact). She wondered if another budget adjustment should be made now. Kichline said that a budget is a guide. Kichline felt that in the case of gasolene in particular, that the Board will want to see that the Township is over budget. Nicholas said that the Township will be way over on Mr. Gale’s costs by the end of the project. Ackerman asked Kichline if she is monitoring his time sheets. She said that she is.

There was an EXECUTIVE SESSION to discuss personnel issues. No action was taken 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.

RACINO Rally or No Way Out!

F.A.C. received a note from Deanne Werkheiser, a co-founder of PART - People Against the Race Track - hoping that folks from Forks will attend their rally on Saturday, October 8th at 3 PM in the Hope Lutheran Church, 240 S. 8th Street, Tatamy. Lest we think we live in a vacuum, Ms. Werkheiser reminds us that "Forks will definitely be affect(ed) by this racino!"

Where will the cars go? Yes, another traffic issue looms. Drop us a note at admin@forksaction.com if you need more information. Try to attend! It's neighbors helping neighbors helping neighbors... and helping ourselves too.

BoS Meeting 9/14/2005

The agenda for the September 14, 2005 Board of Supervisors meeting was a short one. The Morning Call sent Joe Nixon to cover the meeting. The Express Times sent no one.

REPORTS: SUPERVISORS, MANAGER, ENGINEER & SOLICITOR

• Supervisor Bonnie Nicholas reported that she attended the very interesting meeting in Lower Mount Bethel Township where PPL & the DEP reported on the PPL flyash spill. She also said that she was at a meeting that both Supervisor candidates attended with residents of Lockwood Congress. The residents asked her once again that a sidewalk be installed on Old Mill Road so that they can walk (to the stairway down) to the Giant shopping center. Engineer Fred Hay said that an Old Mill Road resident’s landscaping will be altered but that the landscaping is in the right-of-way. Chairman John Ackerman told Hay to get bids and Hay told him that the Giant only contributed $3500 for the sidewalk. A resident of Lockwood Congress added that they DO walk there.
• Supervisor Henning Holmgaard asked that his lengthy Police Department report be added to the end of the agenda.
• Ackerman said that he had the Public Works report. He also said that he received a letter from a resident who said that the police told her (and other people walking their dogs) that she cannot walk her dog in Lafayette Park. DPW head, Gary Sandt confirmed that the park is posted with "no dogs allowed" signs. Hoff asked if there was a sign near the pike path on Richmond Road that leads to the park and if there isn’t one there, that one be placed there. Ackerman then suggested that an area be fenced (in the Township park near the airport) for dogs.
• Kichline welcomed and introduced Jim Farley, the new Finance Manager.
• Hay reported that the sod was not set properly in the Frost Hollow Swale and it was damaged by the rains the other night. It is being repaired. He also said that he had a meeting with PennDot and a developer (Forks Landing ?) is willing to donate money to improve the Sullivan Trail and Church Lane intersection.

After the reading of the DEBITS/TRANSFERS, Nicholas asked why the Township was paying for 5 Sam’s Club memberships and was told by Kichline that the 5 department heads each had one. Nicholas said that she spoke to someone at Sam’s Club and that it’s possible for a municipality to have just one membership and that whoever uses it, simply must pay with a Township check. Ackerman asked that Kichline and Nicholas work on this.

Nicholas also asked about the Recreation Board money ($30,000) and why it wasn’t on the budget. Supervisor Donald Miller explained that the Rec. Board has a separate budget and audit and that the Supervisors approve it. Miller said that if that they don’t use all of their money, the budget will come down next year.

CORRESPONDENCE:

1. Nicholas asked if she could attend the Northampton Count Association of Township Officials. Barb Bartok (Board Secretary and Office Manager) will submit the request for her.
2. Nicholas also noted that someone mentioned to her that the trash cans in the park look bad and wondered if the Township would provide maroon and gold paint to some kids who need Community Service Credits so that they can paint them.
3. Nicholas thanked Officer Rowden for signing up for the scouts Merit Badge programs for Finger Painting (Printing?) and Crime Prevention. Officer Nicholson will be asked to do the Bicycle Safety Merit Badge.
4. Nicholas said that people have asked her why there are non-township residents on the Recreation Board. Miller said that the State of PA says it’s okay to have non-residents on the Recreation Board. Nicholas asked if the Township can make its own residency requirement since it would be more beneficial to have someone who lives in Forks on the Board. She was told by Solicitor Karl Kline that it can. The two non-residents’ terms on the Rec. Board have a few more years to run.
5. Holmgaard said that he had a letter sent to Chief Dorney from a family who has had serious tragedies in their home over the last couple of months, commending the Police Department.
6. Holmgaard also said that Chief Dorney applied for and received a grant from the Department of Homeland Security for the acquisition of thermal imaging equipment and the training to go with it. The training (in Washington, DC) will take 3 days.

COMMENTS FROM THE FLOOR (NOT AGENDA ITEMS):

Resident Gretchen Gerstel asked why there were no regular Planning Commission Workshops (Note: The September Joint Meeting was cancelled, as were the July and August meetings.) She thought that there must be something that would cause the Planning Commission to meet. She was told by Ackerman that Charlie Schmel (URDC) was not ready with the zoning changes in time for the September meeting and that he didn’t know why there was no regular workshop session. Kline said that he has no idea either. Ackerman advised her to ask the Planning Commission Chairman (Vito Tamborrino).

Resident Leon Fisher posed a request to the Board for a 4-way stop with red flashing lights at the intersection of Arndt Road and Bushkill Drive. He said that residents are afraid to use that intersection because it is too dangerous. He said that he spoke with Mr. Heckman (in charge of the buses) and that the buses are told not to use that road. He asked that the Board petition PennDot to establish it as a "dangerous intersection." He added that the new Newlins Road Bridge from Palmer Township will result in increased traffic on Bushkill Drive as will the extension of Kesslerville Road. He thought it should be installed before the new school is finished. He said too that he spoke with a PennDot representative (Mr. Chonka) and that PennDot won’t fund the light. Miller said that the Township spoke with PennDot (in the past) and that they told PennDot that the Township would fund the light and PennDot said "no." Hay noted that the intersection was bad in 1971 when he got his permit. Kichline said that she would set up a meeting with PennDot.

UNFINISHED BUSINESS

The STATUS UPDATE BY ALEX GALE/MUNICIPAL COMPLEX is always of interest. Gale said that the Police Department site lighting is complete and working. Ackerman asked him about the traffic light on Sullivan Trail and Gale said that the emergency controller will operate from both the Police Department and the Fire Department.

He said that the roof leaked where there were no panels yet (Municipal Building) and that "roofers will be roofers." They went home that morning because it was raining at 6:30 when they arrived (and it was a nice day after the early morning rain).

Gale said that they got the Certificate of Occupancy for the Fire Department, that the L&I inspection was passed on Wednesday, and that he wanted to start moving trucks and equipment next weekend. He said that Fire Chief Weis was concerned about equipment being damaged during the construction and that he (Gale) needs the Board’s support to make the move. Supervisor Hoff said that he would work with Weis and that he thinks the move should go forward.

Nicholas asked if network hookup is available in the Supervisors’ room and Gale said the entire building is wired for the network. She said that she would like a computer in that room. Holmgaard said, "No problem."

NEW BUSINESS

ORDINANCE NO. 293/SUPERVISORS’ COMPENSATION passed in a 5:0 vote after Kline explained it and the fact that none of the sitting Supervisors will benefit during their current terms. Holmgaard said that he didn’t care but ultimately made the vote unanimous. This will give Supervisors elected or appointed after November 1, 2005 compensation in the amount of $2650 per year. Supervisors elected or appointed after November 1, 2007 will receive $3200 per year.

PATRIOT VILLAGE/PRELIMINARY PLAN APPROVAL - Kline noted for the record that he has represented Mr. Shirey (sic) in the past and that he does not represent him on this particular transaction. This project will have 21 single family lots in the CR district along Sullivan Trail with access from Meco Road. There will be 2 cul de sacs (waivers already received). There will be a bike path connection from the northerly road into Lafayette Park’s bike path. The Planning Commission accepted this plan based on the conditions in the Keystone review letter and that there be an utility easement between lots 7 & 8 for the planned bathroom in the park. The Planning Commission also recommended a short sidewalk or pad for school kids to wait for their buses. Hay asked who will maintain the pad (since it’s not part of the subdivision or in front of anyone’s house?) Ackerman suggested that the people who want it should take care of it. Nicholas questioned the lack of sidewalks. Hay said that there will eventually be sidewalks on the other side of Meco. A suggestion was made that the Township accept a contribution from the developer instead of the pad at this time. The plan was granted Preliminary Approval in a 5:0 vote.

Kichline said that she must publicly inform the municipality of the MINIMUM MUNICIPAL OBLIGATION/MMO’S: POLICE & NON-UNIFORM. She stated the figures are, for the Police $235,163, and for non-uniform $30,192. Ackerman said that this is an obligation that must be budgeted.

REORGANIZATION - Nicholas spoke to this agenda item saying that she is liaison to the Sewer Department which consists of three people, two of whom report directly to DPW Manager Sandt and one in the office who does more than Sewer Department work. She thought that next year there should be different liaisons and that there should be none for the Sewer Department. Kline explained that the Township has taken over all the responsibilities for the operation and maintenance of the system. Ackerman asked her what her restructuring suggestions are. Kichline asked that the Board consider doing away with the liaison rolls because of the Township’s growth and replacing them with Committees made up of two Supervisors and herself (eg. Public Safety, Planning & Community Development, Personnel & Finance, etc.) Nicholas noted that she spoke with David Howell (Zoning Hearing Board) a few weeks ago and he posed that concept to her. Kichline acknowledged that she too, had spoken with Howell. Howell said that most municipalities have these executive functions for Supervisors to perform as an oversight of the administration of the township. Ackerman said that it’s something to think about before next year. Kichline offered to come up with a report on how the interactions might work.

POLICE DEPARTMENT REPORT/ SHAWNEE SCHOOL - Holmgaard said that on 7/22/05, he, Kichline, Superintendent Riker and the Chairman of the School Board met to discuss what the role of the Forks Police Department will be at the Shawnee School. Holmgaard learned then that the district wanted to establish its own police department. According to Holmgaard, the reason he was given for this action was because the district was kept "out of the loop for days" during last year’s firearm incident at the school. He said that according to (non-Township) records, the school district was notified within 30 minutes of the incident. There was to be another meeting.

The district hired Officer Perez (sic), a retired Allentown police officer. On September 2nd Judge Zito signed an order to give two school district officers (Rafael Perez and Louis Coxe) the same powers that local Forks police have, but they are restricted to school property and school buses. Holmgaard said that on September 6th Forks police had to handle a knife incident at Shawnee because Perez told them that he did not have the authority to arrest yet and that the Forks officer spent all day there (on the Township’s, not the school district’s, payroll.)

Holmgaard stated that he wants guidelines from the Board. Kichline added that Chief Dorney (not present) wants Standard Operating Procedures. Kline added that it is important to know what the jurisdiction will be on any school property and school buses.

Holmgaard continued his time-line detailing that he received a letter dated 9/8/05 that was postmarked 9/13/05 stating that a meeting had taken place between Coxe (head of school district security), Dorney, and Perez and that he (Dorney) was to receive some guidelines from Coxe. Holmgaard said that he thought decisions like this should be handled on the level of the school board and/or the school district administration and not someone who works for them (although they should have input).

Kline said that he received a call from the school district’s solicitor yesterday. He said that there must be agreement as to what Forks Police Department’s role will be and that not having one is a very serious matter. The worst case situation must be planned for. Who, for example, will be responsible to transport a juvenile to jail? What about a 911 call? He suggested the best thing to do is for "reasonable people" on the part of the school district and the Township to sit down and work out the S.O.P. (and, then have it approved by the Board of Supervisors) to let the school district know how Forks Township will respond. If not, then the Township should draft S.O.P.s detailing the situations in which the Township will respond and in which the school police will. Right now, nobody knows what the rules are.

Kline also said that the EASD solicitor was not aware of a request for a meeting. He agreed that it is serious and that it is important that the S.O.P. be in place so that everyone understands what can happen in various situations. Kline will call their solicitor tomorrow to let him know that the Township would like to initiate this and get it done as promptly as possible.

There was an EXECUTIVE SESSION to discuss a personnel issue. No action was taken 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.

New - The F.A.C. Weekly Survey!

A new feature has just been added to the Forks Action Committee website, a weekly survey question! We will put a link to the survey here in the blog each week... and a link to the previous week's results too. For this week's survey question, CLICK HERE. Try it. You'll like it.

The Planning Commission, Where It All Begins

Planning Commission meetings continue to be source of news and surprises. The 9/8/05 one was no exception. Sal Panto formally withdrew the Strausser Enterprises’ proposal for the Village at Riverview Estates. He said that they will come back with a traditional housing development or "maybe even a new concept" sometime in the future. Both Joe Nixon (Morning Call) and Sarah Mausolf (Express Times) wrote all about it on 9/9/05. If you want to know more about the original project see Bos Meeting 3/17/2005, Rally In The Alley and BoS Meeting 6/2/2005.

Other projects were advanced at this PC meeting and some new projects were introduced. Please check out the NEWS page on the F.A.C. website for information about these and other projects in the Township. You’ll be amazed. Attend the meetings. They really are interesting. They are not all big, crowded special meetings like the one for Kings Mill, but they are where things get off the ground and they are very important. The PC meets on the 2nd Thursday of every month at 7:30 PM. They have workshop sessions on the 4th Tuesday at 7:00 PM.

By the way, we do not for one minute, think that Kings Mill is kaput. We don’t know when it will be on the Board of Supervisors’ agenda and likely will not know more than one day in advance (lest the room be jammed again). Try to plan your 1st and 3rd Thursday nights around the BoS schedule. Check the Township website on Thursdays to see the agenda online or call the Township office. The agenda deadline is Tuesday at 2:30 PM before the meetings however, the website often does NOT have the agenda posted until sometime on Thursday mornings.

BoS Meeting 9/1/2005

The September 1, 2005 Board of Supervisors Meeting was one of the longer ones of late. Sarah Mausolf (Express Times 9/2/05) and Joe Nixon (Morning Call 9/2/05) were there as were a handful of residents and developers.

The meeting began with the normal motion to approve the MINUTES FROM THE PREVIOUS MEETING. During discussion though, Supervisor Henning Holmgaard said that he was not at the last meeting but is on the Sewer Authority and wondered why there were questions about the Sewer Authority’s recommendation for septic system education. Chairman John Ackerman stated that the old Sewer Authority was disbanded. Solicitor Karl Kline said that it was no longer an operating authority and that it is under the control of the Board of Supervisors. Holmgaard explained that the recommendation was simply to offer a suggestion to the Board. The minutes were approved 4:0 - Holmgaard abstained because of his absence.

REPORTS: SUPERVISORS, MANAGER, ENGINEER & SOLICITOR

• Supervisor David Hoff said that he had the Fire Report for August and requested that the Board schedule a work session for October 6th at 6:30 PM so that he can present the 5 year plan.
• Supervisor Bonnie Nicholas said that the Sewer Department just had regular maintenance.
• Supervisor Donald Miller had the Parks Department Report.
• Chairman John Ackerman had the Public Works Department Report.
• Township Manager Cathy Kichline announced that she was contacted by Lower Mount Bethel Township about a meeting to be held there on September 7th at 7:00 PM with PPL and the DEP regarding the fly ash spill into the Delaware River. She also said that last year’s blood drive was very successful and she would like to schedule another on 10/28/05.
• Police Chief Greg Dorney stated that he received 42 applications for the police department and that 40 of them will take the test on 10/1/05. The other two have gone to Louisiana.
• Zoning Officer Tim Weis said that he visited Mr. Mondello (sic) about the parking on Hill Road and he found that the business there is NOT violating zoning. Mondello said that if there are additional cars, they will park on Bushkill Drive and not on Hill Road.
• Engineer Fred Hay reported that Verizon has moved the pole (Uhler & Sullivan Trail). He said too, that he spoke with someone at Ronca (contractor for Easton Suburban Water) who suggests topping off the state roads, Elizabeth, Frost Hollow, and Richmond. They feel that it would be cheaper and better than trying to just repair them. Hay also reported that 1/3 of the Frost Hollow swale project is complete and that so far, the neighbors are pleased.
• Solicitor Karl Kline reported that the Township received two notices this week that it is being sued. Two citizens in Lafayette Park (off of Meco Road) have sued Howard Construction because of stormwater runoff and Howard in turn has "joined in" the Township. Kline will contact the Township’s insurer to get the Township "out" of the suits.

During the DEBITS/TRANSFERS part of the meeting, Nicholas noted that Forks needs a sign machine as they have just spent over $3000 on signs. This was researched before she was told and the cost was in the neighborhood of $20K. Kichline will prepare a report for the next meeting.

CORRESPONDENCE:

1. Hoff reported that he got a letter from Lockwood Congress about a billboard. Kline said that by agreement, the developer has until May 31, 2006 to remove the billboard. Hoff will write to the developer and copy Lockwood Congress. Nicholas said that she will be going to Lockwood Congress on September 12th.
2. Nicholas stated that she received a promotional packet from a sewer management company (sorry, we did not hear the name) and that the company has free septic education programs. Holmgaard said that septic management is not a Township function. Kichline added that she and Chris Knoll are working on a (septic) program to give to the Board for their approval.
3. Nicholas received a letter from the Easton Area School District Superintendent, Dennis Riker and he states that there are 2.37 children per household.

COMMENTS FROM THE FLOOR (NOT AGENDA ITEMS):

David Howell (Zoning Hearing Board) noted that when public agencies educate about septic systems they also educate about wells. Howell went on to say that Lower Mount Bethel Township Supervisor, Robert Schilling has contacted all the local municipalities about the special Supervisors’ meeting on September 7th at 7:00 PM in the Centerfield Community building on Route 611. Schilling said that this is a very important meeting and that PPL and the DEP will be there to discuss what happened, the remedial action, and the long range effect(s) of the incident. Howell said that he hoped Township officials will attend and report back.

UNFINISHED BUSINESS

The STATUS UPDATE BY ALEX GALE/MUNICIPAL COMPLEX began with Nicholas asking about the card readers noted in Gale’s financial report. Gale said that they are for the rear entry doors and are a security measure. In his general project review, Gale noted that he hoped that the fire department engines will be moved the weekend of September 10th. This is contingent on the L&I (Labor & Industry) inspector coming on the 9th and granting the needed Certificate of Occupancy. Gale said that the offices will move a week or two later. Hoff asked if the cards (for the card readers) will be ready and Gale said that he has enough for the first responders now. He has 60 or so. Gale further reported that there are air conditioning issues in the Police Department, rodents in the generator, the fuel (in the generator is likely) contaminated by bacteria, and the handicapped parking for all the buildings were located (by the engineers) near steep grades and will have to be moved. He said too that he’s having problems following the underground cables for the communications system since they do not go in a straight line and warned of communications disruptions unless he lays a temporary above ground cable. He was told to do that. He suggested that in order for the Township to have room for expansion in the new Municipal Building, that one of the two large offices be eliminated and instead two smaller offices be constructed. He said that the cost for this would be $5-6K and that it would be easier and cheaper to do now rather than later. The Board seemed to agree. Nicholas asked who will be in charge of giving out the entry cards and keeping track of them? Kichline answered that she has currently assigned this to Chief Dorney.

As to the gentlemen’s agreement that he and a Schoor DiPalma managing partner entered into, it disappeared about 30 hours later. Schoor DiPalma wants to get its own bids for the work. But in the interest of time, the $18K will be paid by the Township to get the work done and it will be withheld from the final payment to Schoor DiPalma.

Ackerman then stated that the Board was just made aware (before the start of the meeting) that GALE’S CONTRACT (as construction manager) at the agreed to fixed price had run out on August 1st and that Gale was now working at the rate of $48/hour. He asked Gale if he would continue the project at the previous fixed monthly rate and Gale said that he would not. The original contract has an automatic "extender" (with the hourly rate specified at $48) if the project goes beyond its term (through no fault of the construction manager). He billed the Township nearly $12K for his services in August. Before August 1st he was being paid approximately $6900/mth. Gale said the contract term was estimated at 2900 hours and he has put in nearly 4000. Kline said that the Township’s only options are to continue the contract as is or terminate it and then perhaps renegotiate with Gale. Hoff will meet with Gale and Kichline to see if something can be worked out.

Kichline reported on the REQUEST FOR ADDITIONAL STREET LIGHTS for both the Newlins/Upstream and Newlins/Sullivan intersections. She said that she, Weis, Dorney, Sandt (DPW) checked on the intersections. She said that at Newlins/Upstream there is a problem with the rise but not with lighting and since there is no night time pedestrian traffic there, they recommend no street light. At Newlins/Sullivan there are very few night time accidents and no pedestrian traffic. Again they recommend no street light. Ackerman asked that a letter be written back to the resident who requested the lights and advise him to contact his homeowners association as it should be their responsibility to put in a light if it’s needed. The recommendation(s) were accepted 5:0.

NEW BUSINESS

RICHARD’S DRIVE-IN/CONDITIONAL USE/LAND DEVELOPMENT - There was a Conditional Use Hearing at 7:00 PM before the regular meeting. The drive-in restaurant will be located next to the old Firehouse complex (tattoo & billiard parlors) on Sullivan Trail and will be open from 11 AM to 11 PM. Based on the review letter from Keystone Engineering, both the conditional use and land developments were approved 5:0.

TOWNE CENTER AT SULLIVAN TRAIL II/LOTS 2 & 4 - Preliminary and final approvals were granted in 5:0 votes for both the subdivision and land development. There will be three retail/commercial buildings on two combined lots (behind Met-Ed). There are no tenants yet and the buildings will be constructed with flex-space. Nicholas asked about space for truck deliveries and we learned that the intended tenants will be "low impact," like a Pearl Vision and perhaps a food place. The largest trucks to serve the buildings will be the sanitation trucks. There will be no berm between the commercial area and the townhouses because none is required in the ordinance for the subdivision.

CIT DEVELOPER’S AGREEMENTS - Kline said that all the paperwork is in order (for the expansion of the school facilities.) It was approved 5:0.

STEEPLECHASE NORTH, PHASE 3 DEVELOPER’S AGREEMENTS - Kline reported that the developer has requested an Indemnification Agreement to get started with the infrastructure work and that all is in order. It was approved 5:0.

OPEN BIDS/COMMUNITY CENTER STORAGE/CONCRETE SLAB - Kichline opened the only two bid packages that the Township received, one from Pinto Concrete ($17,150 plus an adder of $4,400 for excavation and pipe) and one from Nimaris Construction ($22,826 plus adders totaling $13,489). It was decided to award the bid to the apparent low bidder subject to review by staff. Discussion (to get to that point) included the question of who prepared the bid specs - Alex Gale. And, when asked about the reviewing the bid, Mr. Gale refused to have anything to do with that "damned" pad saying that he only helped to prepare the specs. Gale also asked if there was something that the Board doesn’t trust about its professionals. Ackerman said that he thought that bids had to be opened at a public meeting. Kline explained that bids only have to be opened IN public and not at a Board meeting. Vo-Tech will be doing the building.

COMPENSATION FOR BOARD OF SUPERVISORS - Kline explained that Supervisors have been compensated at the same $2,000 for the last 18 years. The current maximum rate allowed by the State for Second Class Townships is $3,250. Kline suggested a two step increase to get to the maximum, $2,600 for the person elected in November 2005, and $3,250 for the Supervisors elected in November 2007. The raise only applies to those elected but not to Supervisors currently serving their terms since they are not allowed to vote themselves a raise. Ackerman made a motion to do the increase in one step to $3,250 effective this November. It died for lack of a second. Hoff then made a motion to advertise the ordinance to do the raise in two steps. It passed 5:0. Holmgaard said that he didn’t care one way or the other; his vote was counted as a "yes."

FINANCE MANAGER - Hoff said that 16 applications were received for this new Township position. Five people were interviewed and two were called in for second interviews. He made a motion to hire James Farley at a salary of $50K with a 6 month probation period to begin Tuesday, September 6th. Ackerman said that he wasn’t ready to accept the conditions the applicant requested, 5 vacation days this year and 12 next year. He wondered if it should be discussed in executive session. Kline said that since its part of the terms of compensation, it could be discussed in the regular meeting. The normal Township policy is that 5 days vacation are earned after 1 year of service. Hoff said that he doesn’t have a problem doing that (negotiating vacation) with a department head or professional person. Ackerman thought that he was hired with 6 months probation and should have to prove himself first. Hoff said that they could offer him 5 personal days this year (between September 6th and December 31st) and 8 vacation days next year in addition to 5 personal days. The vote was 3:1. Ackerman voted "no" and Nicholas abstained because she was not present at the interviews.

RESOLUTION/PAY OFF TATAMY LOAN - Hoff said that after the last Board meeting’s discussion of the Sewer Authority, he spoke to the chairman of the Tatamy Borough Sewer Authority. The Township tried to pay off the loan in 1998 but because of Forks’ method at the time, the payment was refused. Now Tatamy is willing to accept payment in full. Hoff said the Board agreed to this in 1998 and he asked Kline to prepare a resolution. The loan balance is approximately $250,000. Nicholas said that she is the sewer liaison and no one brought this to her attention. She told Hoff that he "stepped on her toes." Hoff said that she is a liaison to the Sewer Department, not the Sewer Authority which is under the supervision of the Board of Supervisors. Nicholas said that both she and Holmgaard are ON the Sewer Authority. She took exception to Hoff asking the solicitor (on his own) to write a resolution and we learned that any of the Supervisors can ask the solicitor to write a resolution. Holmgaard questioned the wisdom of paying off the loan this year since it has a 1% interest rate and that the Township has a big project going on now. He felt that they should wait until the first of the year and put it in the budget. Nicholas said that the Township is earning more than 1% on the money sitting in the bank. Hoff argued that the Township spent two years in court (to abolish the Sewer Authority). Ackerman said that when he was six months into his term, a representative from Tatamy asked him why Forks didn’t pay off the loan. He brought it to the Board and Hoff told him that it was 1% money and why should they pay it off. Ackerman asked him what is different now then it was then? Hoff didn’t recall that conversation. Holmgaard said that this resolution will also dissolve the Sewer Authority. He questioned the money to pay off the bearer bonds and Kline told him that the money was already set aside and the Township is discharged of its responsibility. Wachovia is the trustee of that money. He said that the money will come back to the Township if they cannot locate the people who are owed that money. (?) Hay said that $900K was put into that account. Kline said that once the money was handed over to the trustee, interest stopped being earned on it (for the bond holders.) Kline will check with Wachovia to see how much money is still in the account.

Question from the floor: What will Forks get out of it if Forks pays the loan? Kline said that (1) the Township would have less debt and (2) the Sewer Authority cannot be dissolved if it has any outstanding debt. The Sewer Authority would have been out of existence in 2001 if it weren’t for that debt. He said that the Sewer Authority is NOT needed since the collection of sewer money is handled by the Township. Ackerman said that he was in favor of getting rid of the debt but he is concerned that any money due the Township gets to the Township.

Miller made a motion to table this until more questions (about the interest earned vs. interest expensed) are answered. Hoff said that he voted in 1998 to eliminate the Sewer Authority and when the Sewer Authority met a few weeks ago and made a recommendation not to allow sewers in the Farmland Protection district, he felt that the Sewer Authority was making an attempt at becoming an operating authority. He doesn’t want that to happen even if it’s just over septic systems. He said that the Township spent two years and a lot of money to dissolve it. He feels that the 1% isn’t necessarily the biggest issue here and that he doesn’t want the Township to end up in court again.

Kline gave background on the Township’s decision in 1998 to dissolve the Sewer Authority. He said that the new zoning ordinance was being considered and in it, sewers were prohibited in the FP district. The Sewer Authority wanted to run "cap sewers" through the entire FP district so that in the future, when sewers were needed north of Newlins Road, they could simply be uncapped and used. The Sewer Authority threatened to sue the Board. The Board decided that since they created the Authority, they could dissolve it. The Authority took them to court and after two years, the courts ruled that since the Township created it, it could indeed dissolve it... as long as it had no debt. The assets of the Sewer Authority were turned over to the Township and because of the Tatamy loan, it has existed as a non-operating authority. This resolution will pay off the loan and dissolve the Sewer Authority. Kline said that the irony is that at that time the Sewer Authority wanted public sewers in that area and at the present time the people on the Authority do NOT want public sewers there.

Holmgaard said that he didn’t "know what you two guys smoked." He said that he was on the Sewer Authority at that time and they only wanted to run the sewer line to the industrial park and cap it. He also said that the Board "appoints" people to the Sewer Authority. The Board could have gained control of the Authority by adding Supervisors to the Authority but it didn’t. Hoff said he remembered a meeting in which the Sewer Authority said they wanted to put in the cap sewers and the Board Chairman said that they never have gone against the recommendation of the Sewer Authority. To Hoff this meant that the Sewer Authority, not the Board of Supervisors, was running things in the Township. Mr. Holmgaard ran for his position on the Board on that issue because he didn’t like the way things were being run.

Holmgaard went on to say that neither he nor Nicholas called that Sewer Authority meeting a couple of weeks ago. The chairman, appointed by the Board, called it in order to be little proactive over the Kings Mill proposal for 800+ homes in the FP. If the "by right" plan gets approved, they wanted to have something to give people so that they would be able to take care of their septic systems. Hoff said that he has no problems with that but it should come from the Board of Supervisors.

Miller asked if there was any way that the Sewer Authority as it exists now could become an operating authority again? Hoff said "yes" and that all they would have to do is when they meet in January, put in another solicitor (currently they have Kline). Miller asked if they could take over the entire system and take all the money? Set their own rates? Collect their own money? Kline said that it couldn’t go that far since the resolutions adopted by the Supervisors back in 1998 clearly indicate that it was not to be an operating authority. He said that case law is clear. However, it wouldn’t prevent them from taking positions on political, zoning or other matters that the Supervisors might think is properly the responsibility of the Supervisors. Nicholas asked if this was "all about money?" Kline said no that it was about who is controlling the Township, the Supervisors or somebody else.

The motion to table until October 20th failed 2:3 (Nay votes were Holmgaard, Hoff, & Ackerman. Holmgaard said he voted wrong and wanted the table to pass.) Hoff’s motion to pass the resolution to pay off the Tatamy loan and dissolve the Sewer Authority passed 3:2 (Nay votes were Nicholas and Holmgaard).

2006 BUDGET CALENDAR - Kichline said it was in the packets. There were no questions.

BUDGET REVIEW/JULY, 2005 - Nicholas said that on June 16th the budget was adjusted by approximately $82,000. Since then she found other areas that are well over budget and wondered why these items were not adjusted in June when the major adjustment was done, in particular she noted that Unemployment Compensation was over budget by 515%. Kichline explained that the unemployment cost was unknown at the time and that unemployment costs are something you want to track and not make budget adjustments for throughout the year. She added that a former employee was just awarded unemployment. Nicholas said that she found that wrong departments were being charged for some things. She asked if the budget reports are reviewed before the Board gets them and Kichline said no, that they get them all at the same time (herself included). Nicholas said that finance is part of her job description and she thought that Kichline should look at the reports before the Board gets them so that she can catch the mistakes. Hoff remarked that they will have a Finance Manager soon. Kichline said that he will catch the data entry errors before the reports get to her. Kichline said that she would really like the opportunity to go over the errors with Nicholas.

HIRE PART TIME MECHANIC - The criminal/background check has been completed. Ronald Phillips was hired at a rate of $14.00/hr. He will start on Tuesday. This hiring was approved 5:0.

There was no EXECUTIVE SESSION and the meeting was adjourned.

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