BoS Meeting 11/16/2006

The November 16th meeting of the Board of Supervisors had a very long agenda. Joe Nixon (Morning Call) and Courtney Lomax (Express Times) reported. We will attempt to fill in the blanks.

Supervisor Comments:

• Supervisor Bonnie Nicholas expressed her thanks to poll workers who volunteered and work long hours on election day. Nicholas said too, that she attended the Bushkill Creek Corridor Revitalization program at Lafayette College this past week and said that she expressed her hope that what they are doing downtown doesn’t stop at the Forks Township border. She was told that Lyons (Lions?) Park will be part of the project and that the bicycle path from downtown will connect into Forks bicycle path off of Bushkill Drive.

Treasurer’s Report - Secretary/Treasurer David Howell detailed the debits (cash paid out) since the last Supervisors meeting.

Howell’s motion to accept the debits and transfers was approved 4:0. (Chairman/Supervisor Hoff was in attendance.)

Standing Committee Reports

Public Safety - Supervisor Nicholas - said that there were no committee meetings since the last Board of Supervisors meeting and that there will not be one the Wednesday before Thanksgiving. She said that she got a letter from the Forks Emergency Squad and they reported that they have been meeting with Dr. Binns and the EMS Council. They are working towards BLS licensing first and will go for ALS licensing in a few months. Nicholas said that the Board should be receiving a letter from Dr. Binns shortly. Supervisor/Chairman Hoff asked if the squad will come before the Board to request the BLS coverage. Nicholas said that they have to and that the Township also has to have a letter from Binns stating that the squad can do that.

Fire Chief - Tim Weis presented the Community Fire Company’s 2006 contribution towards the ladder truck, a check for $15,000, to Finance Manager Farley.

Police Chief - Greg Dorney updated the public in attendance about an email he sent to the Board detailing the grants he applied for this year. He succeeded in winning the following equipment grants for the police department:

• National Drug Control Technology Assistance Center - Video Detective - a portable, real time video enhancement system with a value of $42,295 - included in the grant is training (with all expenses paid) in St. Louis, MO.
• Office of Homeland Security - 2 ballistic shields - value of $6,000.
• (Notified - receipt pending) Civil Disorder Kits - ballistic helmets and ballistic protection - valued at $24,000.
• (Notified - receipt pending) Tactical Ballistic Blanket - valued at $35,000.
• (Notified - receipt pending) 2 Baker Batshields - valued at $6,000.

Dorney said that there are several grants pending approval (passed first phase). Included in this group are:

• Wireless surveillance system - $30,000 value
• 2 Remington Wireless 360 degree cameras - $10,000 value
• 2 sets of night vision equipment - $10,000 value

Dorney reported the total of likely equipment grants in 2006 at approximately $172,000. After the applause Supervisor Don Miller asked Dorney if he thought the accreditation helped. Dorney said that in some of the applications that are scored, he would be "willing to bet that it does bump you up a little bit." Nicholas thanked Dorney "for doing a great job."

Public Works - Supervisor Ackerman - reported that there was a meeting last night and that they worked on job descriptions. He will email them to the rest of the Board and suggested a workshop before the next Supervisors meeting. The workshop is scheduled for 7:00 PM on December 7th.

Parks & Recreation - Supervisor Miller - (Note: Miller continues to report on events in the parks as his committee report. The following comments rightly belong in the Supervisors’ Comments section. It would appear that the Parks & Recreation committee seldom, if ever, meets since if it did, he would give a committee report.) Miller reported that there were approximately 5000 people in the park last weekend for the annual soccer tournament. He said that they were blessed with good weather and that it looked like a Renaissance fair. He added the league asked to have it every year in Forks. Miller declined because of the amount of work involved. It will be held in Moore Township next year. Miller said too that inside winter sports have begun and the community center is crowded.

Community Relations - Supervisor Howell - reported that he received the premier edition of the Forks Quarterly in the mail yesterday. He said that everyone "up here" (Supervisors and Staff) contributed 100% to it and that it was a challenge. Howell added that he was disappointed in the many delays but that they happened because it was the first time. He said that the first delay was in meeting the article deadline to the publisher and the 2nd delay was that the ads did not sell well initially. Howell said that in publishing every intermediate delay affects the finish date. He has been told by the publisher that advertisers are lining up for future editions.

Howell said that another delay happened 2 weeks ago when he saw galley proofs and wasn’t satisfied with the ad placements and the fact that the publisher failed to include one of the articles. They worked on it further and by reducing the font size and eliminating contact email addresses, managed to find space for the missing article. He said that he ordered production in order to get it out in the season that was wanted, fall. Had there been more delays, it would have become a winter edition.

There were a limited number of copies available to view. Each Supervisor had one. Mailing to Township residents should begin shortly, probably within the next 6 days.

Nicholas stated that she had not seen it and that the motion to adopt the quarterly stated that the Board was to approve it before publication. She said that it was not supposed to cost the taxpayers any money. Howell said he believed his motion said that the publication costs would not cost the taxpayers any money and that Ackerman brought that up at two meetings and it was clarified then. She said too, that she never saw (or wrote) the Letter From The Supervisors (the lead article).

Howell said that Public Safety never contacted him about any articles. He said he spoke at several meetings and sent email (to her) and got no response. Howell said that the deadline for content contributions was September 1st. He finally went directly to Dorney and Weis for articles. Howell said that all of this set everything back 1 month. Nicholas then asked, "So that disqualifies me from looking at the newsletter before it goes out?" Howell said "no" and that he made a judgement call or the paper would not have been out before December 15th.

Nicholas stated, "Before the next one comes out, I wish to see it. And, I don’t wish to have a letter saying From The Supervisors when I never read the letter." Howell said that she can write the next one if she wants to and that the content of the paper was done by her colleagues. He said, "I think that if you had been part of the process you might not be saying the things you’re saying tonight." He added that in the future final galleys will be given to the Board.

Nicholas said that she is concerned because the old newsletter contained things that were not "politically correct" and that it contained articles written by certain groups that were not supposed to be in government publications.

Howell also reported that the Community Relations Committee is contacting website providers (new ones as well as the current one) regarding the Township website in order to make it "more informative and easy to navigate."

Finance & Administration - David Hoff - said that the budget was the focus of their meeting last week. He added that they have implemented a process that involves zoning and finance. Of the zoning side Weis explained that they have streamlined their process for cash flow. Permits and all help needed for them will continue to come from the zoning department. Payments will be made on the administrative side of the building. Applicants will be able to write just 1 check which will save time in bookkeeping. Farley said that they will distribute the funds internally. - Hoff added that the next committee meeting will be on December 13th.

Engineer’s Report - Fred Hay - asked the Board for approval to design and get bids for a concrete pad for the fire fighting facility on Glover Road. The Board thought that they had already okayed it but weren’t sure. At Solicitor Kline’s suggestion, they voted to ratify their previous okay and if there wasn’t one, to authorize it. The vote was 5:0.

Solicitor’s Report - Karl Kline - asked to discuss that day’s non-uniform employees collective bargaining session in Executive Session. Kline reported that the substantive zoning challenge by Kings Mill is continuing and that the next sessions are scheduled for December 4th and 18th at 7:30 PM in the Municipal Building. He added that the hearings are likely to go on through mid-2007 until all the testimony is concluded. At this point the challengers are still presenting their side of the case.

Comments from the Public

Ken Nagy - Dayton Drive, Forks Township - Mr. Nagy said that he was at the Suburban Water Authority meeting last Monday and that the proposed 25 year lease is a win for Easton and a loss for the suburbs. He said that for all practical purposes, this will subsidize Easton’s general budget. He told the Board that no one from any of the suburban areas voiced an opinion, for or against. Nagy said that Forks has lost total political control and that the entire water authority board is appointed by the City of Easton. He asked if the COG had "questioned this thing" and Ackerman replied, "No." Howell said that the chairman, Mr. Churchman, is a Forks resident and that there are other Forks residents on the Board. Nagy said that the City of Easton has 5 representatives on the Board and that there will be no equal vote for Forks.

Nagy’s second subject to the Board was the County’s Open Space. He said that what is in the paper is not at all what happens at County meetings and that the open space proposal is lopsided. The County is talking about giving $275,000 to Bushkill Township and Nagy said, "They are going to get it all for free." Nagy went on to say that Bushkill and Plainfield Townships are going to adopt Act 4 (where property taxes are frozen). He said that most people think that Act 4 only applies to farms and that that is not true. He said that it can apply to farms, environmentally sensitive areas, or anything "called open space that qualifies under the County program which is literally almost anything."

Nagy said that Forks will be paying ½ mil for this and that Forks will get nothing from it because its farmland soil, according to the County, is of "low quality." Ackerman said that that is not true. Nagy told the Board that he wished they would tell the County that they want to "bow out" because the ½ mil (about $40 on average) would be better used if the Township collected its own ½ mil. If it did that, the Township would not have to "beg, borrow, and plead with these people."

Nagy said that $18 million is going into the Easton project (Bushkill Creek Corridor Revitalization) and the majority of the money is going to assist a developer and to assist Lafayette College. He said that the Board, as representatives of the people, should not think of their responsibilities as ending at the border and he wished the Board would change its meeting nights so that they could attend the County Council meetings. Nagy concluded by telling the Board that Forks, Palmer, and Bethlehem Townships are nothing more than cash cows to the County.

OLD BUSINESS

POLICE DEPARTMENT/FIVE-YEAR PLAN - Nicholas said that Dorney expressed concern that the Board may have too many questions and that perhaps there should be a workshop to discuss it. She said that in the plan’s first year, 2 policeman will be hired and 4 new police cars will be purchased. In the second year there will be 3 new cars. The car purchases will alternate, 4 and 3 in subsequent years. Nicholas also said that Dorney thought that buying modular furniture for the patrol rooms would accommodate more patrolmen in the same space.

Hoff said that he would like to have a workshop so that the public can attend. Because of vacations and the upcoming holidays, the workshop was scheduled for January 18th at 6:30 PM (before the 7:30 BoS meeting.) The funding for the first year of the plan is covered in next year’s budget.

LIGHTNING PROTECTION - Hay said that he is working on this and will have a report at the next meeting. Farley said that they will be using a carryover from the construction account to pay for it.

DVR - REQUEST FOR PURCHASE - Nicholas said that the DVR for the Municipal Building was hit by lightening and is fuzzy and needs to be replaced. The fuzzy DVR will be kept as a backup. Nicholas said that the $6,975 price from ICU Security includes $175 for labor. Farley got prices (using an internet search) that ranged from $6,200 to $8,500. Nicholas added that she does not want to install the new one until surge protection is installed since the lack of lightning protection has already cost the Township $8,000. She also said that Keifer (ICU Security) told her that "if someone else is messing" with the equipment, it will void the warranty. Hoff asked Nicholas to find out if Keifer installs new equipment that the Township purchases (elsewhere) if there will be an impact on the warranty. It was decided that more information on the warranty is needed. This item will be on next meeting’s agenda. Three prices for the same piece of equipment are needed.

SURGE PROTECTORS - REQUEST FOR PURCHASE - Farley looked up lower prices (than $9,000 quoted by Keifer) for surge protection for the DVRs and all the cameras. The prices Farley got do not include installation. The warranty issue was raised and Kline said that they have "heard a lot about what Mr. Keifer is saying" but the Board needs to get it in writing. Howell said that he would like to see the actual manufacturer’s warranty. Nicholas said that she will get a written warranty. Hay added that he will report on surge protector specs at the next meeting. This will be on next meeting’s agenda.

KEYS - ACCESS TO BUILDING - Nicholas said that the other night she was asked to get cups out and couldn’t get them and everybody laughed at her. She added that Sandt (the other night) was "getting in all over the building and he’s an employee. Employees and janitors have more keys and access to the building than I do." Nicholas noted that there are security cameras all over the building except at the back door that the Supervisors use. Ackerman said that he would at least like a key to the front door because of meetings. Miller said that he has no objection to Supervisors having keys to the front door and made a motion to that effect. Nicholas seconded. Nicholas also said that she showed Ackerman and Sandt how to get into the zoning area (sliding out the little piece of wood on the doors over the counter). The motion passed 4:1. Howell cast the nay vote. Dorney will provide keys to any Supervisors who ask for them and record same on the master list (which the key holder must sign also).

SET PARK AND RECREATION MEETING DATE TO DISCUSS YOUTH DANCES - Miller said that the Athletic Association and Recreation Board want this resolved as soon as possible. There was a public work session scheduled and then cancelled because Nicholas could not attend. Miller thought that it would take more than one work session because there is much involved. He thought that they should hear both sides and that there are a lot problems as well as perceived problems and that they most work on solutions. The sessions will be open to the public and the public will be allowed to comment. At Howell’s suggestion to set a date, the Board selected 12/5 or 12/12 at 7:00 PM for the first session. Miller will let the Athletic Association and the Recreation Board choose one and he will inform the Board. The meeting will be advertised and listed on the Township website calendar.

NEW BUSINESS

FORT JAMES III - LOT CONSOLIDATION PLAN - Ackerman removed himself to the audience because his land is involved. Kline said that in addition to the lot consolidation, the preliminary subdivision plan is before the Board.

Hay said that the lot consolidation plan is simply joining the Brennan tract (100+ acres) and the Ackerman tract (16 acres) into one 123+/- acre tract. This was approved 5:0.

Kline said that the developer, J.G. Petrucci, is requesting approval of the preliminary major subdivision and it was before the PC on 10/13/06. It is for 19 lots and will be done in 2 phases. In the first, Braden Road (from Uhler) will stop at a cul de sac and Glover Road gets relocated and a stub road will be constructed from the main road to the Modern Concrete property. In phase 2, Braden will cross the rail line (pending Norfolk Southern approval) and connect to Kesslersville Road. If there is no railroad approval, the stub street will be connected to Glover.

Engineer (for the developer) Steve Pany explained that the Planning Commission wanted a road connecting to Kuebler between Georgia Pacific and Tioga Pipe instead of connecting to Glover Road. He said that Petrucci’s feeling is that a road through those commercial properties would substantially disrupt Tioga Pipe as well as prevent rail access to its property (and to Modern Concrete and to the MCS trucking facility).

Hay said that he agreed with the Planning Commission’s choice of Kuebler (without more than 30 seconds of thought.) But since then he’s met with the developer and the developer said that if Glover is to be used, the Glover/Padula intersection will be straightened out. Hay said that if that is done, he prefers that solution as rail service is critical to the development.

Jim Petrucci, president of J.G. Petrucci said that he recruited Tioga to Forks and during their talks, Tioga insisted that they be on a dead end cul de sac. He promised it to them. He also said that the railroad is using safety as an issue but in fact, there is a national policy to minimize rail crossings. Petrucci has hired the nationally known firm of Kirkpatrick, Lockhart, Nicholson & Graham to represent them in the Norfolk Southern negotiations as well as any with the PUC.

Dean Turner (Planning Commission) explained that the PC suggested Kuebler access because it is against condemning residential property for industrial purposes. They also felt that truck traffic was more suited to Kuebler.

Kline said that part of the PC’s recommendation was because 18 of the 19 lots are in phase 1 and extending Braden Boulevard is in phase 2. If phase 1 is done, the Township would have no leverage to get the developer to work at getting the rail crossing. Another of the PC’s recommendations was that Braden be connected to Kesslersville within 5 years and if they failed, "after a good faith effort," to get the rail crossing, then Kuebler should be the secondary access along the property line between Georgia Pacific and Tioga Pipe. Kline said that he got an extremely strong letter from Tioga’s council opposing that roadway. Staff then met and discussed other alternatives including straightening Glover. That involves taking land from Modern Concrete and Modern Concrete is amenable to it because they want rail service.

Turner added that the PC recommended that the Board write a letter to the PUC recommending the rail crossing because the Braden extension is the Township’s first choice.

The Board voted 4:0 (Ackerman was in the audience) to grant approval of the preliminary major subdivision subject to Keystone’s letter and that Braden connect to Kesslersville in 5 years and if a good faith effort to get the rail crossing fails, the developer must build a secondary access road to Glover and must straighten out the kink in Glover Road to the satisfaction of the Township engineer.

VICTAULIC CO. OF AMERICA - LAND DEVELOPMENT PLAN - The plan for a single story office addition to the manufacturing plant was approved 5:0. Howell asked if the addition will accommodate new employees and was told that Victaulic will be relocating 20-25 employees from its Allentown facility.

PENN’S RIDGE PRD - ACCEPTANCE OF ROADS IN PHASES 5, 6, 7, & 8 - Kline said that the roads are completed and inspected and that the deeds of dedication are in order. Kline also said that the Board had a resolution to vote on to apply for the Liquid Fuels credit. Hoff asked about whether or not this was too late for Liquid Fuels credit and was told that it was but that the developer has agreed to pay the "lost" amount to the Township. The Board approved the Resolution in a 5:0 vote. There was discussion about not plowing the roads until the money is received. It was incorporated into a motion, no payment, no plowing. It passed 5:0.

FORKS CVS LAND DEVELOPMENT PLAN - TIME EXTENSION - Kline explained that the developer is proceeding with both plans (CVS and Weis Market) and that granting this extension is a way of slowing the CVS process. Hay said that the PC recommended final approval and Turner said that it was preliminary approval and that a conditional use hearing must be held for the CVS. Turner noted that there are two different developers, Lidia Development for CVS and SamCar for the Weis Market. They have the same principals. The extension is until March 31, 2007. It passed 5:0.

DARWIN SMITH - MODIFY PLAN - Hay said that Dale Reinert Custom Homes has asked for a waiver of note #13 on the original Darwin Smith plan for 6 lots. Note #13 restricted the driveway placement for 5 lots (the 6th is the Smith home). The lots are on Old Mill Road between Indian Trail and Wagonwheel and the driveways will be on Old Mill. Weis said that there was a grading issue with the old plan. Kline said that generally driveways are placed on the up side of the lots. The PC recommended approval as long as the front entry garages have driveway provisions for k-turns. It passed 5:0.

FORKS VILLAGE SUBDIVISION, PHASE 2 - DEVELOPER’S AGREEMENTS - Kline said that the developer’s agreements, letter of credit, certificate of insurance, and escrow are in order. This passed 5:0.

WAGNER/YMCA LAND DEVELOPMENT - DEVELOPER’S AGREEMENTS - Kline said that the developer’s agreements are signed and the letter of credit , certificate of insurance and escrow are in order. Howell said he hopes the Township will do a traffic study of the area because it’s a dangerous road. He added that it’s a wonderful adaptive reuse of the building. This passed 5:0.

VERIZON EASEMENT AT FROST HOLLOW PUMP STATION - Hay said that this has been going on for a long time. It is on Township land off of Meadow Lane and will allow Verizon to serve Riverview Estates Phase 7. It passed 5:0.

STOCKERTOWN FIRE COVERAGE - Kline stated that the Township received notice that Stockertown had rescinded the Liberty Hose Fire Company’s sanction to provide fire protection service in the Borough. He said that Stockertown contacted Tim Weis (after the fact) to ensure that Forks would provide coverage on an emergency basis.

Kline said that he spoke with Stockertown’s solicitor, Gary Asteak, who told him that the Borough owns the fire vehicles, the building, and some of the equipment. He also said that the Borough is looking at ways to resurrect the fire company or forming another fire company. They will need coverage for some time.

Kline further said that the Board could agree to provide fire and rescue coverage to the Borough for a specific time period and if it takes Stockertown longer than the specified period, the Township should be reasonably compensated. He suggested that the Board appoint representatives to discuss this with Stockertown. Asteak told Kline that Stockertown has already appointed 2 representatives, Mr. Zaboy and Jack Fatzinger.

Nicholas said that she spoke with Amy Richards on Thursday and told her that it would have to be a Board decision. She said that she heard about it from a webpage and that there were emails between Hoff, Howell, Weis, and Kline but that no one informed her, the head of the Public Safety Committee. Hoff said that she is head of Public Safety for Forks and that does not automatically include her in discussions between municipalities. Hoff said, "Get over it."

Nicholas said that she could have been copied on the emails and Hoff countered that she wants to know everything immediately but doesn’t discuss anything with anyone. She said that the committees do not work. Hoff said that he finds "it amusing that the Rec. Committee can’t meet with the Athletic Association without the Board." Hoff said too, that he wondered when Public Works was going to tell the Board about demoting a crew chief and promoting someone else 7 months ago.

Howell said that he’s known Amy Richards since before he was a Supervisor and she called him and talked with him "under confidentiality" a few days before the meeting. She was concerned about the vote and what their options would be. Howell said he immediately communicated to the Board chairman (because it involved an outside municipality) and to the solicitor. Howell added that "the committee system works" and that it works under the direction of the Board.

Nicholas said, "Obviously the flow of communication does not work." "You’re right," Hoff said, "Public Works is a perfect example."

Hoff made a motion recommending that the Board agree to the minimum requested coverage time and that a committee be formed to begin discussions with Stockertown. After the second, Turner asked who takes care of vehicle rescue on Route 33 near Stockertown. Hoff said that Stockertown covers a 3 mile stretch and that it will be included in the agreement.

Nicholas wanted to add to the motion that the committee be composed of the two people on the 2007 safety committee, herself and whoever rotates in. Hoff said that even though he rotates in, he doesn’t not believe this to be a Public Safety committee issue. Hoff said that because he’s been involved with the fire company for the last ten years, he would like to be part of the discussions. Hoff said that he will agree to the amendment that will add himself and Nicholas, assigned by the Board (and not as Public Safety committee members), to the committee to meet with Stockertown’s representatives.

This passed 5:0. Kline will inform Asteak.

VIDEO SURVEILLANCE - Nicholas said that there is a broken camera on top of a pole in the parking lot. It was hit by lightning. The extent of the damage is unknown until the camera is taken down and checked. Hoff suggested that the Facilities Manager talk to ICU Security about it.

ORDINANCE NO. 300 - AMENDMENT TO POWERS & DUTIES OF TOWNSHIP MANAGER - Kline said that this was advertised and ready for the Board to adopt. It passed 5:0.

RESOLUTION NO. 061116-2 - DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT - Kline explained that the County’s Hazard Mitigation Plan Lehigh Valley requires that each municipality adopt this resolution. It passed 5:0.

Nicholas announced the Kiwanis tree lighting is scheduled for Sunday, December 3rd at 7:00 PM in front of the Municipal Building. Students from local schools will be providing music and Santa will arrive on a fire truck. Donations of food, socks, book bags, and hooded sweatshirts will go to Project Easton.

2007 BUDGET - TENTATIVE ADOPTION - Hoff said that there have been many budget work sessions and that the proposed budget is for $7,081,764. The proposed budget does not contain a tax increase. Hoff noted that the Board had a copy of a letter from the County Assessment Office and that their calculation for real estate tax differed from the amount in the budget. He asked Farley to take a look at it. Nicholas said that at the Supervisors’ meeting at the Pomfret Club, she learned that the County is reassessing houses and that might account for the difference. Hoff said that each year the Township gets an assessed value and that they didn’t have it when the budget process was started. The budget was tentatively adopted in a 5:0 vote.

Howell noted that the Board had a copy of a letter sent by Weis to Mr. Riker of the Easton School District regarding continuing parking violations in the fire lanes at Shawnee Middle School. Howell asked if it would be appropriate for Forks police to check several times a week and keep a log of violations. This way, when Riker says that it’s been taken care of, and it hasn’t, he can be told of the violations.

There was an EXECUTIVE SESSION to discuss the non-uniform employees contract negotiations and personnel matters.

After the Executive Session, at which no action was taken, the Board said that they discussed the work done by the management staff in the absence of a Township Manager. The Board then voted the following raises and bonuses to management:

• Police Chief Greg Dorney - $6,000 bonus and 8% raise.
• Human Resources Manager, Barbara Bartek - $3,000 bonus and 4% raise.
• Finance Manager, Jim Farley - $3,000 bonus and 4% raise.
• Zoning Officer, Tim Weis - $1,500 bonus and 4% raise.
• Director of Public Works, Gary Sandt - 4% raise.

The bonuses will be paid in the first pay period in December. 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 11/2/2006

The November 2nd meeting of the Board of Supervisors ended without an executive session. The Board spent much time on the subject of Forks Township Youth Sports Organization dances (for grades 5-7) in the Community Center. Both Joe Nixon (Morning Call) and Precious Petty (Express Times) reported on the meeting. Please read their articles. We will try to fill in the blanks.

Supervisor Comments:

Supervisor David Howell addressed Karen Haduck’s letter published in the (11/1/06 edition of the) Express Times. He refered to Ms. Haduck’s letter as "a stirring, moving and disturbing description of a dance" held at the Community Center on 10/27/06 and put on by the Forks Township Youth Sports Organization. (Howell asked if Ms. Haduck was in attendance and at this point she was not.) Howell personally apologized for the dance and said that he found out about it from the newspaper. He said that he called a few friends in the Township and that they confirmed that "this was not an atypical dance."

Howell said that he thought there was failure of communication between the Board of Supervisors and its appointed boards and commissions. He said that the failure of the Athletic Association to maintain appropriate conduct at the dances is disrespectful to the residents as well as to the Board. Howell said that it puts all employees as well as all elected and appointed officials of the Township at risk for "civil liability" if something that could have been anticipated and dealt with occurs at one of the dances.

Howell noted that it is not the responsibility of the police department to act as chaperones (and intervene in instances of inappropriate conduct) and he motioned that dances be suspended until the "failure of responsibility" can be sorted out. He called for a public meeting (to be held in the evening so parents can attend) with the Parks and Recreation Committee and officers of the Recreation Board and the Athletic Association.

Supervisor Nicholas said that when her son was small she chaperoned dances because she wanted to be sure that where her son was was safe. She said that she did participate in separating children, although not to the degree described in Haduck’s letter. Nicholas said that "a lot of parents need to get involved in their children’s lives."

(Acting Chairman) Supervisor Miller said that he attends all the dances and that 90% of the kids are just good kids. He added 10% of the kids watch too much television or are taken by their parents to R rated movies. Miller also said that there were 2 paid staff members there as well as 3 police officers (paid for by the Athletic Association) and that "we were not informed." Miller said that he found out about it the next day from Haduck who attended jazzercise class and told him about it. He added that "for whatever reason" she did not say anything that night when something could have been done about it (like call the parents.) He said that he doesn’t know who the kids were. Miller said that he does tell parents to come to dances and see what their kids are doing.

Nicholas said that she suggested a few years ago that photo IDs be issued for the kids and that contact/parent information be on them. That way she said, if a kid is acting up, his/her card can be pulled and that the kid would not be allowed back in the dance. Nicholas said too that it would discourage kids who act up from coming in the first place.

Howell said that he doesn’t know the rules and regulations for the dances and that they should be published.

Zoning Officer Weis noted that he, the (former) Township Manager and Police Chief Dorney met on more than one occasion with the athletic association. Weis said that they did outline rules and regulations including the number of chaperones that had to be there and the procedure for ID checking. He said that this was established last year but didn’t know if there was a written policy somewhere.

Miller suggested that the rules be revisited. Howell added that there should be members of the Athletic Association in at the dances who have "virtual responsibility" and who will call the police when necessary. Supervisor Ackerman said that dances should be stopped until the Athletic Association meets in front of the Board.

Howell’s motion to suspend the dances pending review of the policies and procedures at a special public meeting/workshop was passed 4:0.

Karen Haduck arrived late to the meeting and missed the first 10% of this discussion. She was allowed to speak when she made her presence known well into the meeting. We are including her comments here.

Haduck said she was here on a school night (with a babysitter at home) because it is important to her. She said that there was nothing exaggerated in her letter to the paper. She said that she made no representation that the police should be responsible for taking action on inappropriate behavior.

Haduck agreed with Miller than only about 10% of the kids are causing the problem. She also said that all the rules are on the website and that she just found them. She added that the "wheel does not have to be invented, it’s there." The rules just need to be enforced.

Haduck said that she stood in the rotunda of the Community Center and spoke with two policemen and one employee for at least 10 minutes about what she saw during the previous 2-1/2 hours.

Haduck said too, that cancelling dances is not the answer. She said that kids that age do not need "ambiance" and that the lights should be turned on. She said that someone should talk to the DJ about the music that is played and that at one point all the kids were lined up doing a line dance and the DJ stopped it after about 30 seconds to play the MTV type music. She said that there should be no dances until IDs are issued. She thought that there are easy, simple steps to getting this worked out.

Howell invited Haduck’s assistance at the public meeting. She agreed to participate.

Treasurer’s Report - Secretary/Treasurer David Howell detailed the debits (cash paid out) since the last Supervisors meeting.

Howell’s motion to accept the debits and transfers was approved 4:0. (Chairman/Supervisor Hoff was in attendance.)

Standing Committee Reports

• Public Safety - Supervisor Nicholas - announced that she has received the emergency management ID cards and that all employees and Supervisors will be getting them (in case of emergency). Weis will be taking the ID photos.
  
  Nicholas also said that the police department server must be replaced and that there is money in the legislative capital purchases fund to cover Hodges Technologies $4930 estimate. Replacing the server passed 4:0.
  
  There was discussion of the ICU Services newly received invoice for $1050 (for when the "DVR went down"). Apparently ICU said that they were going to "eat" this charge. Ackerman asked Nicholas to look into this.
• Parks & Recreation - Supervisor Miller - (Note: Miller continues to report on events in the parks as his committee report. The following comments rightly belong in the Supervisors’ Comments section. It would appear that the Parks & Recreation committee seldom, if ever, meets since if it did, he would give a committee report.) Miller reported that there are approximately 5000 people expected in the Township over the weekend for the annual soccer tournament. He also said that Farley is working on compiling the survey data and that 700 have been processed so far.
  
  
• Community Relations - Supervisor Howell - reported that he received the black and white galleys for the new quarterly publication and that it looks very nice. There were some ad placement issues so it will be just a little longer until its published.
  
  
• Public Works - Supervisor Ackerman - said that the committee will be meeting on Wednesday at 7:000 AM. He also said that DPW Director Sandt tried out the new leaf vac and loves the way it works.

Emergency Management Coordinator - Tim Weis asked if everyone noticed the new clock in the meeting room. It cost $35 and all were impressed at how nice it looks. There was applause.

Nicholas said a computer is needed for the Command Center and will cost $2500. It will be an administrative capital purchase item. Purchase was approved 4:0.

Weis reported that he did write letters to the two homeowners affected by the driveway easement (Knollwood and Ben Jon?) as far as snow plows are concerned.

Weis said too, that the Knox-Box Ordinance deadline is coming up and 6 commercial properties are online now and by the end of November there will be 20. Weis also requested that the Board pass a resolution to adopt the Hazard Mitigation Plan (a joint effort by Lehigh and Northampton Counties). He said that a resolution is necessary by local municipalities in order to adopt the plan. This will make the Township eligible for funds in the event of natural disaster or terrorist attack.

Weis announced the next hearing dates for the Kings Mill zoning challenge as November 13, December 4, and December 18. All will be at 7:30 PM.

Engineer’s Report - Fred Hay - reported that the DPW finished work on the Sycamore swale and he recommended that letters be sent to homeowners association explaining "perpetual maintenance." The homeowners are responsible for the maintenance.

Hay said that the new sinkhole on Arndt Road will need emergency repair and that the sewer line is under water. He said that they televised the line and that there are about 220 feet that must be replaced. Howell asked if the Suburban Water Authority will pay for it. Hay said that that gets into what caused the sinkhole and that they would be forever arguing. He said that they will say that the sinkhole caused the break in the pipe. Howell said that he knows that sinkholes are caused by water and erosion. Howell suggested sending a bill. Hay said he expects to get it back with a little note saying "prove it."

Solicitor’s Report - Karl Kline - said that he had only agenda items. Howell asked Kline what is normally done with voting for PERMA (sic) (the Township is a member). He wondered if they make a selection as a Board or as individuals. Ackerman said that they’ve never done anything because they don’t know any of the people. Howell asked if he could make selections on behalf of the Board. Nicholas said he could make his own but not hers. Kline explained that it’s one vote, the vote of the Board of Supervisors. He suggested that Howell research the candidates and make a recommendation to the Board for voting. Howell said that he would make his choice based simply on the information provided in the voting materials. The Township’s vote is not due until December 31. Howell will read the materials and make a recommendation to the Board.

Comments from the Public

• Mary Cuadra of Easton’s pool advisory board addressed the Board to appeal for support for next year’s pool costs. She said that Easton will only open one community pool, Eddyside and that Forks families use it. Cuadra said that there the 2007 budget for one pool is $24,000 and that the actual cost to run two pools last year was $91,000. She proposed that a Forks resident join the pool advisory board to help make decisions on what happens to the pools. Cuadra hopes that the Board will consider helping. Howell asked if they are exploring charging a larger non-resident fee. Howell also asked if she will approach Lanta regarding a bus pickup from the Giant to Eddyside. She said that she would ask.
• Jim Wideman (Planning Commission member) addressed the Board about the height of the speed bumps in the park. He said that they are unacceptable and that his car bottoms out going over them no matter how slow he goes. He would like them changed into humps instead of bumps. Ackerman asked if they are removable and Sandt said, "No." Wideman suggested that they are "expandable."

NEW BUSINESS

FORKS COMMONS - CVS LAND DEVELOPMENT PLAN - Weis said that he received a phone call from the developer asking to be removed from this night’s agenda. Also, he received a letter from the developer granting an extension until 3/31/07. This will go before the Planning Commission for acceptance.

FORT JAMES III - PRELIMINARY SUBDIVISION PLAN, PHASE I - Hay reported that the developer asked to have this item removed from the agenda and rescheduled to the next Board agenda. He added that the developer plans to begin pursuing the Braden rail crossing with the PUC.

RESOLUTION 061102-1/ESTABLISHMENT OF LEGAL DEFENSE FUND - Kline said that this fund was suggested by Forks resident Rachel Hoagland. Kline said that a contribution does not entitle a resident to tell the Board how to handle litigation. The resolution states that contributions are to be made payable to the Township of Forks with notations that indicate that it is for the legal defense fund. The resolution also states that the funds are to be used for the costs of defending the Township’s ordinances and policies against legal challenges and that the Board of Supervisors has sole discretion to use the funds for "said purpose." "The Board of Supervisors shall have sole control and authority over the conduct of such litigation." This passed 4:0.

2007 BUDGET/FIRST DRAFT SUBMISSION - Finance Manager Farley said that the budget was pretty close to being balanced and he recommended sending it back to Finance Committee and to the departments to trim it down. There will be another budget meeting on November 13 at 4:30 PM.

POLICE DEPARTMENT/FIVE-YEAR PLAN - Nicholas provided copies of the plan to the Board. She said that Chief Dorney did most of the work. It will be voted on at the next BoS meeting.

AUTHORIZATION TO ACCEPT APPLICATIONS/POLICE DEPARTMENT - The Five Year Plan for the police department included hiring two new officers next year. Because it takes time to review applications, Dorney asked for authorization to accept applications now. This passed 4:0.

LIGHTENING PROTECTION - Nicholas said that lightening struck again and hit the camera on the pole and consequently the DVR in the police department is all "fuzzy." She had an estimate for $9,000 for surge protection. Also recommended was the purchase of a new DVR and keeping the damaged one as a spare. A new DVR will cost $6975. (Farley will check the State contract to see if a comparable DVR is available.)

Nicholas also had an estimate of $18,000 for lightening protection. Because it is over $10,000 it must go out for bid. Hay will write the bid specs.

Howell asked who ICU is and Nicholas said that it is the company that installed the security system. Howell said that the $9000 proposal indicates products to be purchased. Nicholas said if that if "you go and mess with those DVRs" the warranty will be voided. Howell thought that surge protection might be a generic product that could be purchased. Nicholas told him that the warranties will be voided on all the cameras and DVRs.

Ackerman said that he would like to see the surge protectors go out for bid. Howell agreed and Hay will write up the bid spec.

COMPUTER FOR COMMAND CENTER - Voted on earlier in the meeting and approved. See Emergency Management Coordinator above.

BUILDING SECURITY - The discussion about keys continued. Miller said that he had no problem with the Supervisors having keys to the front door. Ackerman said that they don’t need keys to the offices but that not being able to lock the front door is a problem. He added that he should be able to get into the administrative area.

Nicholas argued that municipal buildings are to be used to house people in cases of emergency. Weis said that the Knox-Box does have a key for every room in the building. Nicholas then said that if she wants to give someone a tour, she should call 911? She said that people give the Board the authority to run the Township but won’t let them walk in the buildings. She said that if a Supervisor wants a key, he/she should have one and that there are cameras all over the building. She added, "If you can’t trust me, then tell me to get out of this position."

Miller said that the security system was set up this way for a reason (but he doesn’t know what it was) and that they all have access to the areas during working hours. The key policy was set by two people who are no longer employees of the Township, Alex Gale and Kathy Kichline. Ackerman said that the key policy should have come to the Board. The vote to give keys to Supervisors was tied 2:2.

SPCA 2007 CONTRACT - Farley said that there is a language change in the contract this year restricting the animal control officer and police department as the only authorized agents of the Township to bring animals to the SPCA. The Township will be charged per animal. It passed 4:0.

MET-ED RESOLUTION/STREET LIGHTS/RIVERVIEW WEST - Hay said that everything has been inspected and is ready to go. The vote was 4:0 in favor.

MET-ED RESOLUTION/STREET LIGHTS/LAMBERT ESTATES - Hay said that everything has been inspected and is ready to go. The vote was 4:0 in favor.

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.

Grocery Zoning Amendment Public Hearing 6/29/06

On June 29, approximately 150 Forks residents along with reporters Sarah Mausolf (Express Times) and Joe Nixon (Morning Call) crowded into in the Municipal Building meeting room for the S.R.O. Public Hearing on the Grocery Zoning Amendment.

Board Chairman David Hoff began by explaining that public input would be restricted to that topic only and that although folks came out to speak on Kings Mill & partners newest proposal for 545 acres in the Farmland Preservation (FP) district, they would have to wait for that (Zoning Hearing Board) hearing in August.

Solicitor Karl Kline defined the issue and its history as well as the proposed amendment. It is to establish an additional conditional use for the Employment Center (EC) district that would allow a big box grocery store of up to 100,000 square feet to be built on any EC intersection that has both a collector road and an arterial road or two arterial roads. Sullivan Trail is an arterial road. Uhler Road is a collector road. Giving "conditional use" status means that the Board can impose "conditions," such as traffic mitigation, on any project the fits the criteria for the new use.

The applicant, SamCar of Pittston, PA came before the Zoning Hearing Board in January 2005 seeking relief from 3 zoning restrictions on their 9.2 acre site. Please see FAC Newspage for a complete history of the project to date. At that time they proposed a CVS (permitted use) for the site as well as a fast food/drive through restaurant (not permitted) and a gas station (permitted). They withdrew that application and came back with an "upscale" grocery store proposal (PC, March 9). Traffic has been the focus of most discussion about the project.

The developer has maintained (since the grocery plan was introduced) that if the zoning is not changed to allow a grocery, the permitted CVS store will be built instead (on one of the lots). The developer has several interested grocers (and none of them are Wegmans.)

The ordinance was sent to the Forks Planning Commission (endorsed by them) and to the Lehigh Valley Planning Commission for comment. Ordinance changes require public hearings and this night satisfied that. Lastly, the Board will vote at its regular meeting on July 20 to accept or not accept the ordinance amendment.

Kline added that if the Board approves the amendment, the developer must still do two things:

1. He must submit a full-blown land development plan which will be subject to review by the Planning Commission and by the Board of Supervisors.
2. He must submit an application for conditional use to the Board of Supervisors. There will be a public hearing for that too but it will be different because the residents will have a plan to see when they come to the meeting.

Kline also said that that area is going to be developed in the future whether it is a grocery, a drugstore or something else. Development is approved. The Sullivan Trail Business Park is already under construction. Kline said that this is a rare opportunity for the Board to have some input on what is to be constructed in that area.

Supervisor Bonnie Nicholas wanted it known that the developer at no time threatened a lawsuit and that people who were there because they thought they had were misled. The applicant’s attorney, Jim Preston, confirmed that there are no plans for a lawsuit and that if the zoning change is not approved, the developer will proceed with the CVS on one of the lots.

Supervisor David Howell explained the importance of the EC district. He said that these are parcels that do no have homes on them and that they do not have 2.7 children per unit, nor 2 cars per unit. He added that these parcels are designated for commercial development and that it is "vital to our community that we have good businesses there." These businesses will provide jobs and (in the form of income, mercantile, and revalued property) tax revenues. Howell thanked everyone for coming and apologized that there were not enough chairs for all.

Hoff said that he received a signed petition at the start of the meeting and that copies will be made for each Supervisor.

COMMENTS FROM THE PUBLIC

• Elwood Smith, an ex-Supervisor spoke in favor of the grocery store but not in favor of all the houses being built in the Township. He said that in 1961 he was responsible for the industrial park and that he doesn’t understand why all the houses are going in around the industrial park. He doesn’t understand how it got out of hand.


• Ken Nagy said when the attorney for the developer says that if the grocery amendment isn’t approved that a CVS will be built on one lot, he fears that Forks will get a pizza parlor and a bank on the other two. Nagy said that Forks has enough banks and pizza parlors. Nagy also said that it is an economic center and it should be used as such. He added that economic centers do not bring kids. He took issue with the literature floating around that said something about a loss of open space since that doesn’t enter into development in the EC. Nagy said that both Uhler and Sullivan are PennDot truck routes and that whatever is built in surrounding communities is going to add to the traffic so Forks should get something that will benefit the community. He said he would welcome competition for the Giant and that at 25th Street prices are lower because there is competition.
• Fritz Weide pointed out to the Board that Forks was rezoned 7 or 8 years ago and that the new zoning cost money. He said that he hoped that the plans made were the best plans and that he is appalled that a builder will come into the Township (and every other place) and try to force a change to zoning to suit them. He said he didn’t care if it was a grocery store or a CVS or a restaurant. He asked how many people will be employed there and was told approximately 150 people. Weide added that the Township has a traffic problem as well as a "continuous building" problem and that both should be addressed before any rezoning is approved.

Hoff commented that this developer has not threatened the Township and that traffic is the big issue for the Board and if it is not addressed the project will not be approved.

• Stan Price asked if there was any other land in the Township that would be suitable for a grocery store. Kline answered that there is a parcel in Town Center but that the landowner said that as long as she is alive, it will not be developed. Supervisor John Ackerman added that there is a 10 acre parcel next to Met-Ed on Meco Road. Price said that this is not a question of "who" is coming here but it is a question of modifying the current zoning ordinance. He asked that the Board consider this very carefully as when it is changed it "opens the door" for the next applicant.

Kline explained that the Township has no legal obligation to make this change and that there is no basis for contesting the current zoning since there is an area in the Township where grocery stores are allowed. Kline added that it is up to the Board to decide if it is in the best interest of the Township to make this change.

• Louis Moyer (Zoning Hearing Board member) said that to him, this is a quality of life issue. He said that it takes him 18 minutes to get to routes 33 and 191 from his home at American General Drive. If he leaves later in the morning (8 AM) he runs into all the commuter traffic and it takes an additional 18 minutes. He said that the traffic is backed up 1-1/4 miles. He noted that the block company’s tractor trailers loaded with tons of cement block make the wide turn to go down Sullivan Trail and that the intersection is a nightmare. He said that at 3:30 PM Victaulic, Binney & Smith, and Dixie employees are all exiting there at the same time and that traffic is backed up a mile in every direction. Moyer said that he would love a grocery store since he shops in Philipsburg now because Giant’s prices are too high. He concluded by saying that he felt that a grocery store would really degrade the quality of life in that area.
• Attorney Charles Smith said that years ago there was a bad sewer problem in Forks and the Easton area sewer plant had to be expanded. He said that all building was shut down until that was finished. Smith said that he thinks the traffic problem Forks has now is of the same magnitude and that no zoning changes should be accepted until a traffic plan is developed and implemented.
• Cecilio Cordo (sic) stated that he came to one meeting 9 or 10 years ago because of a panic about bringing MacDonalds to Forks. He said that at that time he suggested to the Board that they have a plan that is not "reactive in nature." He said he told the Board then that they should be looking for the kinds of businesses that they want to have here and that they should not wait for developers to come in with proposals. Cordo added that he hasn’t been to another meeting until now. He said that one of the things that needs to be addressed is the atrocious traffic. He said that it appears that there hasn’t been enough thought put into building and into infrastructure. He concluded by saying that he came hoping to stimulate the Board "to think outside of the box... in order to make the this Township what it deserves to be."

Howell responded that Forks Township is a unique community with lots of disadvantages as far as traffic is concerned. Howell said that the Township has State highways, Route 611, Bushkill Drive, Frost Hollow Road, and Route 115 (down its center). He said that he’s attended 2 years worth of PC meetings and seen that they plan for access to the three main roads from each development. Sullivan Trail goes to a dead end at Knox Avenue where it becomes a residential street and houses cannot be torn down along Cattell Street for a 4 lane highway. Howell added that there is not a lot of PennDot cooperation when dealing with these routes.

Howell said that there is development coming up in LMBT and in Plainfield Township and that Chrin is soon to begin development of commercial lots in the Palmer/Tatamy area. These pressures will affect Forks because Forks is part of an "unfortunate" funnel. Howell added that Forks has caused pressure too because it has double in population in a short period of time.

Howell labeled traffic as a "regional issue" and said that members of the Board attend regional meetings in order to draw attention for Forks’ problems. He said that we are not the source of all of our traffic problems and that there will be more commuters coming through since the only way they can get to where they are going is to come through Forks. He said that in time another interchange on Route 33 will be built but until then Stockertown and Forks will suffer.

Howell said that the Board thinks of traffic all the time. He said that Forks roads were never designed for the volume of traffic that is there today and that an extra lane on Sullivan Trail will allow you to go through town a little quicker but it won’t get you to Route 22 any faster.

Howell assured the audience that if the grocery is approved, the intersection will be too and that traffic will flow through it better. However, when Stockertown and LMBT residents come here to shop, they will bring more traffic. He added that the Township has talked to Panera Bread about coming here and they won’t because we don’t have enough traffic!

Kline said that Ordinance #298 will be on the Board of Supervisor’s agenda for the July 20th meeting.

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.

Supermarket versus CVS (etc.)

You are invited to speak out about it!

Date: Thursday, June 29

Time: 7:00 pm

Place: Forks Municipal Building public meeting room

Reason: The first and only Public Hearing on the proposed zoning amendment to allow a grocery store in the Employment Center district.

ONLY on this night, the public will have its say at telling the Board of Supervisors why a grocery store amendment should or should not be approved. If you don’t tell them, they will vote without knowing how you feel about it.

It’s your Township.
It does not belong to developers.
It does not belong to the Board of Supervisors.
It does belong to you!

Ignoring opportunities like public hearings just means you don’t care how things turn out.

If you do care... be there … be counted … be heard!

BoS Meeting 4/20/06

The April 20th Board of Supervisors meeting was longer than most and did not include an executive session. There was enough of importance to Forks taxpayers at issue this night to warrant the meeting’s length. Sarah Mausolf (Express Times) and Joe Nixon (Morning Call) reported. Please read their articles. Please note: The agenda format has been revised. We will follow it for our meeting notes.

Supervisor Comments

• Supervisor John Ackerman reported that Ace Hardware will have its ribbon cutting ceremony on Wednesday, April 26 at 6 PM (and party through 8 PM). All Supervisors were invited. Ace is disappointed at the response so far and Ackerman asked that Supervisors let the store know if they are coming. When asked how the lack of a Certificate of Occupancy for the store as well as for the highway would affect their plans Ackerman replied that people could park in the lot for that night.
• Supervisor Bonnie Nicholas noted that cars are traveling on the new parks garage driveway through to the new parking area and she feels that the cars will be parking by the garage. Engineer Fred Hay told her that there are plans for chains to block the driveway at both ends. Nicholas also said that a resident suggested reflecting strips on the stop sign polls at the Arndt/Bushkill intersection. She said too, that the office staff told her that there is no fireproof box to lock up checks in the new office at night.
• Chairman David Hoff expressed the condolences of the Board to Gary Sandt and the Sandt family on the passing of his father, Paul Sandt, a former Township Supervisor.

Treasurer’s Report

Howell explained that the Treasurer’s Report (formerly Debits & Transfers) section of the meeting details Township spending since the last BoS meeting - the Board must approve the payment of bills (in each of the categories listed on the agenda.) He said that as an audience member (in his pre-Board days) he was uncertain what the debits/transfers were all about and he offered the explanation in case others in the audience felt that same way.

Standing Committee Reports

• Public Safety - Supervisor Nicholas - Reported that the Police Department has begun its 5-year plan. She asked that electing Rich Bassett as assistant EOP coordinator be added to the agenda. Nicholas reminded the Board and the audience that the Police Department is having a DUI Awareness Program (teenage drinking and driving) on Monday, April 24 from 6-9:30 PM. Chief Greg Dorney added that the District Attorney’s office, Forks EMS and Forks PD will be involved and that there is still some room and to register, contact the department.
Dorney said that there were 570 calls for service in March and that at the current pace April could reach 700. He noted that there were 2 more drug arrests. Dorney reported also on PD training in March - all officers had firearms training (live fire training with shooting and moving techniques), all officers took a 4 different training courses dealing with the topic of "pursuit," there was also communications level training, and 5 officers were sent to outside training. He note that accreditation is continuing to "professionalize" the department.

Howell expressed concern about how dangerous the Arndt/Bushkill intersection has become and asked Dorney for suggestions to improve it. Dorney replied making that intersection as highly visible as possible is about all they can suggest. There is enforcement there every day - "the purpose is to make a safe intersection." They don’t want to see anyone lose their life.

• Public Works - Supervisor Ackerman - Had nothing to report from the committee. He asked Township Manager Kichline to update the construction status and about planning a day for the open house. Kichline said that they are finishing the punch list and that she anticipates that it will be done by June 1. Hoff suggested a June 10 date for the open house. It will be set at the next meeting. Kichline added that the "time capsule" could be buried at the time and that the memorial trees could be dedicated too.
• Parks & Recreation - Supervisor Miller - (Note: This committee has yet to meet.) Miller reported that the parks are full and that the recreation path is the most popular thing in the park. He said too that the AAU basketball tournament will continue through the end of May (volleyball tournaments too), that sign-ups for football will take place the entire month of May, that they are working on additional parking at the Meco fields, and that he is working on a newsletter to come out in the next month (or so). He added that the new electronic sign is up and that they are having software training for it.
• Community Relations - Supervisor Howell - Said that the committee’s initial focus is to renew the publication of what used to be called the (Forks) Township Newsletter. Kichline has submitted a mock-up of the first page to Hometown Publishing. Howell added that the publication will be informational and not "newsy." A parks/recreation survey will be in it as will a centerfold map of the Township with all the latest roads. When Howell said that the first edition will probably be Summer 2006 Nicholas asked if the new publication could be done for the open house. She thought it would be a perfect spot for it. Howell said that that is unlikely but that "they will do their best." Hoff asked that the Community Relations Committee notify the public about the open house. Howell said that it will go on the Township website, the newsletter and public service ads in the local papers.
• Finance & Administration - Supervisor Hoff - Reported that the job descriptions for the office are ready to finalize. He announced a new one page revenue vs. expense summary, showing all the revenue sources and all the expense catagories as well as the annual budget and where the Township is year to date. It will be posted on the website so that everyone can see how the Township is doing financially. Howell added that this report is an "achievement in disclosure" It should be posted on the website on Monday. The report was made available to the public at the meeting and will be online soon - as presented.

Manager’s Report & Correspondence - Cathy Kichline said that anyone with questions about the new finance report can call her or Finance Manager Jim Farley. She also said of the PD update of its 5 year plan that she has shared her statistical research (on the Township) with Dorney and she encouraged everyone to take a look at the plan when it comes out.

Building & Zoning - Tim Weis said that project status reports are now on the website and that commercial will be added it. Kichline added that there are 10 commercial establishments under construction at this time.

Engineer’s Report - Fred Hay - Agenda items only

Solicitor’s Report - Karl Kline - Agenda items only

Comments from the Public

• Resident Art Panzini of Zucksville Road addressed the Board to alert them of a possible future catastrophe on Zucksville due to drainage problems and the new construction for College Park. He said that there was a meeting arranged by Hay with Muschlitz Excavating, Signature Homes, Weis and himself on his property and that nothing was decided to remedy the problem of the low spot on Zucksville that drains approximately 1/3 of mile and seven driveways. He said when he bought his property 25 years ago he was given a map that showed the requirements for the subdivision and a drainage easement on the north side of Zucksville Road. He said that this easement was never recorded at the courthouse. He addd that he is a physical geologist. He gave the Board some photographs - one of them showed a "big splash" and under that "big splash" is a car. He also said that a sinkhole is forming on his property.

Panzini said that if that sinkhole gives way sewerage will spill all over thearea. He said that he has spoken with Senator Wonderling about the problem and that more accidents will happen. The cost of sewer repairs will be a big issue. Hay said that there was never a drainage system put in at Sullivan’s March and that to fix it right they have to go through two sets of properties across the street. Hay said that it is a PennDot problem. Panzini noted that PennDot says it is a Township problem. The consensus was to speak again to Wonderling to see if he can get PennDot to do something.

• Resident and Planning Commission member, Jim Wideman reported that he has received calls about the new speed bumps in the recreation area. He said that he saw quite a few marks on the tops of the speed bumps indicating damage to cars. He suggested speed "humps" instead. Speed humps are approximately 3" tall by 3' wide with ramps at both sides and are "kinder and gentler" to cars. Miller said that speed humps are exactly what are going in next week. A resident in the audience also suggested painting the humps yellow or white so that they can be seen. Miller said that that will be done also.

UNFINISHED BUSINESS

RESOLUTION & APPLICATION/LIQUOR LICENSE TRANSFER - The resolution was approved 5:0. Applicants wishing to transfer liquor licenses into the Township from other communities in the county will now have to apply for a permit and pay a fee of $1000 for the first hearing. If a second hearing is needed they must pay an additonal fee of $750.

GOLLUB PARK EASEMENT AGREEMENTS - Kline explained that easements will provide the public and the Township with a way to get to the park. The public easement will allow a footpath over a corner of the Krause property. Krause granted that permission at an earlier meeting. The emergency (and maintenance) easement will allow Township vehicles to use the old trolley bed to get there. The trolley bed is solid and crosses private property. The footpath will be 8' wide and constructed of mulch over gravel. Most of it will be aligned along the southern side of the "paper street," Valley View.

Owners of 4 parcels on Valley View, Tom Matteson and Francine Ludict asked the Board if they could cross the path and the Met-Ed property (on the paper street) to get to their farthest parcel. Kline said that since the Township had not used Valley View in 20 years, it lost the right to the road. He said that the property reverted back to the adjacent landowners. Easement agreements have been sent to Krause, Arcury, Met-Ed, and Ludict/Matteson.

Nicholas asked why the public path was not staying completely on the paper street and Kline said it was to preserve trees. Someone from the audience said that they have all been cut down. Kline said that without the easements for emergency access, the Township will have to make a way for vehicles to get back to the park. Pete Rossi (property owner and Zoning Hearing Board member) said that without the easement for the walking path, 5 more trees and 3 new plantings will have to come down in order for him to get access to his property.

Krause and Arcury are reviewing the easement agreement for emergancy access and wish to speak with Kline and Kichline further on it. The other owners, Ludict/Matteson, who live in Ohio, will meet with Hay and Kichline Friday at 8:00 AM. This matter will be decided at the next BoS meeting.

NEW BUSINESS

DEVELOPER IMPACT FEE TO AID SCHOOL DISTRICTS - Howell said that Kichline received a communication from Rep. Grucela’s office requesting Township support for HB 2550, his bill to allow impact fees levied by school districts. Activists for this cause, Richard Cowell and Don Dal Maso addressed the Board.

Cowell asked that Forks adopt a resolution like those adopted by Upper and Lower Mount Bethel Townships. He said that Washington Township is considering it too. Cowell said that the bill will allow schools to charge developers sufficient fees to offset the costs of new students their developments bring. "Now is the time to take action."

Dal Maso spoke of a new bill endorsed by 14 State Representatives to pass a building excise fee of up to $26K per house. He said that UMBT Supervisor Loren Rabbat is taking the lead and will be at the PSATS convention on Monday.

Dal Maso also said that on Monday, May 1st seven municipalities served by the Bangor Area School District are meeting to discuss this.

Nicholas said that she spoke with Grucela about the bill a month ago and that she supports it (and Grucela.) Miller said he supports this 110%. Hoff asked Dal Maso if he had been to the school districts and Dal Maso replied that he had and that they are very supportive. Howell noted that the second bill (HB 2564 - if you want to read it, the School Impact Fees begin on page 24) is sponsored by Representative Mailtland and that Grucela endorses it as well as his own bill. Kline said that since there are two bills, the Board can vote to adopt a resolution supporting the concept and not a particular bill. They did just that in a 5:0 vote! (Yes, there was APPLAUSE!)

RIVERVIEW ESTATES, PHASE 2C/COUNTRY CLUB ENGINEERING REVIEW - No one was at the meeting to represent the developer and the item, based on Hay’s recommendation, was rejected in a 5:0 vote. Hay noted that Strausser Enterprises did not submit proper plans for this large parking lot (to go to the gazebo).

RESOLUTION APPOINTING DELEGATE TO TWO RIVERS COUNCIL OF GOVTS. - Ackerman was appointed as a delegate with Howell as the alternate at the 2/2/06 BoS meeting. The Two Rivers COG requires a resolution. It was approved 5:0.

CVS/ZONING DEFINITION - Kline explained to the Board and the audience that this project is located at the south eastern corner of Sullivan and Uhler and that it is zoned for commercial and industrial development. Developer Sam Maranka is interested in developing the parcel. The (first proposal) CVS is an allowed use in that district, the (new proposal) grocery is not. The grocery requires a public hearing and the developer is requesting that the process begin now. Kline said that the Board has to decide if it wants to make any changes in the zoning in that area at all and if it is willing to change the zoning for a grocery store, it must decide the "degree" to which it will be changed.

Rose Randazzo an attorney (and partner) from SamCar spoke of the 3 mile (from the site) radius "trending study" that they did and how it led to a "high end" grocery as a preferred use over a CVS. (She added that SamCar is a preferred CVS developer.) The "trending study" indicated that there are 5137 housing units approved and not yet under construction, a population of 38,000 within three miles of the site, and a median income of $55K plus.

Randazzo said that the study showed a real need for a second food store in this area. Forks is, to the developer, the "focal point for all the development that is happening - and Sullivan Trail is one of the main roads for everything that’s happening in the surrounding communities." SamCar is "community minded" and didn’t want to let this pass without asking the Board if this was what they’d like.

Randazzo said too that the new store would be approximately 70K square feet and will provide 150-200 part-time and full-time jobs. It is expected to do $30 million per year in sales generating an additional $45K in mercantile tax. The Forks Giant is doing $800,000 in gross sales per week.

Howell asked Randazzo if she had seen the headline in this morning’s Easton Express. She had not. He summarized it as, "We goofed. We totally mis-estimated the growth in the area." Howell thought the numbers in their study are low. Randazzo said that she knows that they are but that they were done for the CVS and CVS requires only a 3 mile radius. Howell said that for the Board’s sake, it must understand the impact that an upscale grocery will have on the Township and that it must think about what will happen if Palmer gets a racetrack and Tatamy a Route 33 interchange. He said that Uhler Road could become an "aorta of cars." He added that an upscale grocer will not be just a community store for Forks residents.

Nicholas asked how large the piece of property is (10 acres) and then asked how large Zawarski’s property is behind Met-Ed (11 acres). She told Randazzo that it is in Town Center - just for her information. Ackerman noted that the traffic that will be brought in will depend on what chain is brought in. He thought it important to know this.
The developer said that traffic will have full access from (new streets) Braden and Ian and that there will be a deceleration lane on Sullivan for northbound traffic to a right in/right out drive. Ackerman asked about the traffic from a grocery compared to other uses. He also noted that the traffic coming in for the new industrial parks has to be considered also.

Kline said that the Board does not have to make any changes to the zoning ordinance. The Board must decide though and if not voting "no," it must let the developer know what other information it needs. He suggested directing himself and Mr. Schmehl (URDC) to draft several different zoning changes for the Board to consider.

Howell said that he is concerned that Pandora’s Box will be opened if the zoning is changed and asked Kline if the Township would be open to litigation when the next big box retailer wants to build in the EC district. Kline said "no" since the Board is acting rationally and in the best interests of the Township. Howell said that he needs more information and suggested a Joint Workshop. Hoff agreed and also asked the developer to come up with a study that a grocery store would use. Nicholas suggested that the Board direct Kline to prepare options for their consideration.

It was decided that because the developer needs to know quickly if the Township wants an upscale grocery store at that site, that the PC Workshop on Tuesday, April 25th (7 PM) become a Joint Meeting so that Supervisors and Planning Commission can discuss this project together. Kline said that he can have things for the Board for the May 4th BoS meeting and that the Board can take action at its second meeting, May 18.

LOCKED MAILBOXES - Nicholas said that the outside drop box where residents "deposit" their tax payments is not secure and even get wet. She said that she can put her hand inside and take anything out. After discussion it was decided to get a used USPostal mailbox and paint it with the Township logo to use instead.

Nicholas said too, that residents have asked her why there are no boxes for Supervisors where they can drop off mail for them. Ackerman said that people want to drop off something for a Supervisor and not have anyone else see it. Weis said that for safety issues, any kind of locked boxes like that should be outside. What if someone doesn’t like a particular Supervisor? Ackerman said that the idea came from when he first became a Supervisor and people wanted to have a suggestion box.

There was discussion of a bank of boxes outside of the building. Howell wondered why people would want to come to a building with cameras all around it in the dead of night to drop off a secret note. He thought that they could use the mail to do that and send it to his home. He added that if the boxes are outside of the building and have Supervisors names on them, he does not want one. Hoff thought that people could just make the envelope "personal & confidential."

BUILDING/SECURITY KEYS - Nicholas read a statement that she prepared advocating keys to all the municipal buildings for Supervisors for use in cases of emergency. She said that even though the Township has an Emergency Operations Plan (EOP), the Supervisors are the "bottom line" and when something happens it will come back to the Supervisors. She also had a letter from PSATS endorsing keys for Supervisors.

Ackerman asked Kichline how she arrived at the times and dates that Supervisors and employees have access to the buildings. Kichline said that she worked with Chief Dorney and that Supervisors have 24/7 access to the Supervisors’ areas. Employees have additional access on an as-needed basis but they must let someone know that they need to be in the building. Nicholas said that if there is an emergency, she doesn’t want to have to break down a door to get into a building that she might have to secure later on.

Weis said that every building has a "knox box" and access to a key is only ten seconds away for any police officer or fire officer who places a radio call to the 911 center. He added that Kline is preparing the "knox box" ordinance for the Board’s consideration. Ackerman said that he thought Supervisors should be able to go anywhere in the buildings at any time. Keys for Supervisors was defeated in a 2:3 vote.

URDC - PROPOSAL FOR COMPREHENSIVE PLAN UPDATE - URDC’s 6 phase proposal will cost $31K. It is for a 12 month period. The work will not begin until Fall and Kichline noted that there is $13K in the budget already for Zoning Ordinance changes. The balance of the funds needed will come from next year’s capital improvement fees. This was approved 5:0.

ADDED- ELECT RICH BASSETT AS EOP ASSISTANT COORDINATOR - Bassett was appointed in a 5:0 vote. His (volunteer) duties will include updating everyone’s phone numbers, researching resources around the Township, suggesting things needed for the command center immediately and in the future.

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.

Another Conundrum - PC 4/13/06

On Thursday April 13th at their regular meeting, the PC was once again faced with making a decision without all the information that it would have like to have. Sarah Mausolf (Express Times) and Joe Nixon (Morning Call) detailed the conundrum. Please read their accounts. Chairman Vito Tamborrino was absent. Vice Chairman Erik Chuss filled in for him.

FORKS COMMONS - CVS LAND DEVELOPMENT - SamCar, the developer for this property on the southeast corner of Sullivan Trail and Uhler Road came back with the “high end” grocery store traffic study and asked that the PC vote to move it to the next step that night, thus saving them 30 days in the process and helping them to maintain their (six) possible tenants’ interest.

CVS/SamCar’s original proposal to the PC on 12/8/05 was for a CVS drugstore and fast food drive-through restaurant. The CVS project was/is “by right” (meaning it is allowed under the zoning and can’t be denied). The fast food drive-through though was not a “by right” plan and had to go before the Zoning Hearing Board. That board denied the CVS/SamCar variance request on 1/9/06. SamCar/CVS withdrew its conditional use request on 1/12/06.

On March 9th, they appeared again at the PC meeting, this time with a proposal for a yet-to-be-named "high end" grocery store (and possible gas station) for the site. They presented demographic study results to show that not only was the population density and projected growth up to what such a store warrants, but that the median income of the area residents ($55K) would certainly support it.

At the April 13th meeting they summarized the traffic study filed earlier with the Township. In the hour long discussion and question/answer session, it became apparent that although they used figures and growth estimates provided by PennDot, the growth percentage was not appropriate for Forks growth rate. They used the typical PennDot 2.2% rate. Planner Erik Chuss pointed out that Forks has grown 44% since 2000. The discussion produced only one traffic increase example, going north on Sullivan Trail during peak hours - the grocery would add an additional 165 cars. No one disputed the grocery’s traffic draw since the developers are very familiar with those statistics. Questioned however, were the traffic figures used as the basis for the study.

The PC, with the exception of Dean Turner, voted to send a recommendation to the Board of Supervisors to consider a zoning change to allow the grocery store. The planners were reassured by Solicitor Karl Kline that this was not a final step by any means. The BoS can say “no.” The developer can balk at conditions imposed by the PC later on when the plan is presented formally. The PC can turn it down then too. The PC asked for more accurate traffic projections.

The Board of Supervisors will ultimately decide whether or not to change Forks zoning in order to allow a grocery store - read ANY grocery story - in the EC (Employment Center) district. They can put constraints in the zoning to be very restrictive for road configurations, etc., almost confining the store to that one site. However, once revised, the zoning change will apply to the entire EC district. Without the zoning change, Forks will get the “by-right” CVS store on that corner. SamCar will do one or the other.

RIVERVIEW ESTATES, PHASE IIC/TEMPORARY PARKING LAND DEVELOPMENT was also on the PC agenda. Based on a letter by engineer Fred Hay, it was rejected in a 6:0 vote. Apparently “the developer” declined to submit the required materials per the SALDO and simply resubmitted the same sketch that was last submitted - with the parking lot in the wrong place. His representative (David Lear - Lehigh Engineering) said that he asked his client to allow submission of the proper plans and was told to use the sketch and call it a plan.

This was discussed in terms of “the developer,” the “sketch,” etc. Turner said that he might consider granting waivers if “the developer” will do the plantings that “he” committed to on Winchester Drive. These plantings and buffers are already part of earlier agreements and thus need not be renegotiated. The submitted sketch was soundly rejected. The audience was left wondering who this “developer,” who so casually ignored the rules that every other developer must follow, could be?

The PC also learned that the YMCA Day Care is being “evicted” from its space in the EASD building on Bushkill Drive. The EASD has moved in and there is no longer any room for the day care. The land development before the PC was for a space in the old Industrial Engraving (still marked as such on the Knox Avenue side of the building but now owned and occupied by an environmental services company). The owner will fix a portion of the building and grounds for the day care. The PC's only issues were about traffic and parking. Hay will look at the on-street parking situation on Sullivan Trail and may recommend parking on one side only. The PC tabled the request and the day care will come back with a traffic flow proposal.

For additional project updates from the PC meeting, please see the F.A.C. News page.

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.