BoS Meeting Notes - 9/17/2009

Regular Meeting (agenda)

At 6 PM, prior to the regular meeting, Supervisors met with representatives from CMX for an update on the amphitheater design project.  The Planning Commission and Recreation Boards were invited.  One planner was there representing the Planning Commission.  There were no representatives from the Recreation Board in attendance.  Supervisors Miller and Egolf were, due to illnesses, also absent.

Please read Tom De Martini, Morning Call for more on the CMX discussion.  Click on the image to the right to see the site sketch plan.  The Planning Commission is expected to review the project at its September 22nd 7 PM workshop. 

Public Comments (non-agenda) - Scott Renigar of Newlins Road West questioned the Board about a lot line adjustment that was approved by the Board in 2008 (see BoS Meeting Notes 7/3/2008) and that has yet to be completed.  He wants to know why, after a year, it has not received final approval. 

Kline said that final approval was given subject to signing a storm water easement because the property is in the 100 year flood plain.  Kline said that at the time, the flood plain map showed the flood plain going through Mr. Renigar's house.  Mr. Renigar said that Mr. Christman (from Keystone Engineering) took it upon himself to move the line through his house.   

Mr. Renigar said that he built his house in 1987 and it has never been flooded.  His engineer is Steve Turoscy, Jr. of Lehigh Engineering Associates who told him that it is not illegal but it is unethical. 

Kline said that he was waiting for the revised plan (with the 100 year flood plain improvements) to send to Mr. Renigar for signature.  He said that he will follow up tomorrow with Mr. Renigar's attorney. 

Mr. Renigar said that in order for the lot line adjustment to be approved, he and Mr. Hall must sign over all rights to the land to the Township.  He wants to expand his driveway and the agreement states that he cannot change the grade of the property or plant a tree.  On top of that, the Township wants $1 for the easement. 

Kline said that one of the conditions of approval was that the stormwater easement be executed.  The plan changes (with the Newlins/Sullivan improvements) reduce the size of the flood plain.  Kline also noted that it is a violation of Federal law to build in a flood plain.  One cannot even plant a bush. 

Mr. Renigar said, "I've lived in the Township for 22 years and this is how I am treated."

Supervisors' Remarks:  none

Treasurer's Report - Chuss detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 3:0 vote.  The Township's current outstanding debt is $8,166,582. 

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

• Public Safety - Supervisor Howell - reported that he missed the last Public Safety meeting.  Schnaedter reported that the committee reviewed agenda items and should have a status report at the next committee meeting on ordinances needed for graffiti and for nuisance vehicles.  Howell asked about the intersection work and additional traffic signage needs (stop signs and cross walks) for Penn's Ridge and Schnaedter said that until the recreation area is completed, a "solid idea" of the traffic volume is unknown.  Chief Dorney reported that plaintiff Jose Cancio has released both Forks Township and Officer Matthew Balodis from his lawsuit.  (See Bos Meeting Notes - 9/3/2009 for more on the lawsuit.)
• Public Works - Supervisor Chuss - reported that the committee met on September 8th and discussed the next steps in the DPW garage project.  The draft contract has been submitted for BoS review.  Also discussed were sewer drainage issues and the Sullivan/Newlins culvert.  The next meeting is October 13th at 7:30 AM.
• Parks & Recreation - Supervisor Nicholas - reported that the committee met on September 14th.  She said that the Board had copies of the AA (Athletic Association) bylaws which now state that annual (non-profit) tax filings are part of the Secretary's job.  Also, Nicholas said that background checks are done for all coaches.  The committee will talk about changing the AA fees for sign-ups.  Also discussed were:
  • The Recreation Board reports that sports are under budget.
  • The basketball and tennis court refurbishing will take place after Community Days.
  • The five acre park parcel was just surveyed and grading should start shortly.
  • The amphitheater was discussed as was the Penn's Ridge basketball court fence.
  • Forks wrestling coaches want to use the wrestling building for free clinics from May to September on Saturdays from 3-5 PM.  The BoS was asked if Don Miller was to handle this request or was the Board to do it?
    • Howell suggested that it be put on the agenda after a formal, written request is received.  He said that this is an item for administration research and that Schnaedter and staff should review it and come back to the BoS with a recommendation.
    • Chuss asked why this has come to the Board.
    • Schnaedter said that he will set up a meeting and make a report.
    • Kline offered that whoever is raising the issue should put something in writing.  He noted that a written recommendation from Miller is part of his job.
  • Two "young gentlemen" came to the Parks & Recreation meeting and requested a skateboard park.  Nicholas said that they had researched it and had estimates of insurance costs and had spoken with a builder of skateboard parks.  The committee suggested that they get signatures proving that there are a large number of kids who want a skateboard park.  Nicholas noted that the kids did their homework and that the five year plan is in development.
• Community Relations - Supervisor Miller - was absent - no report.  Howell said that he got the latest copy of the Forks Quarterly in the mail.
• Finance and Administration - Supervisor Nicholas - reported that two of the committee's topics are agenda items, the budget and the employees' pension.  The committee discussed adding emergency contacts to the website and swine flu and sick time.  The new insurance rates should be known by the end of the month, in time for the budget meetings.  The Board has also received a copy of the 2008 audit.  Nicholas added that monthly finances are on track.  Howell asked why the Stockertown fire contract is taking so long since Public Safety has reviewed the history and made its recommendation.  Nicholas said that she doesn't agree with the five year term and intends to discuss it in committee in November.  Howell said that waiting until November is too late since most of the budget meetings will be done by then and this is an important budget item.  Nicholas said it will be added to the next agenda.

Township Manager's Report - Schnaedter - reported that he received an email from URDC's Charlie Schmehl in response to the letter sent after the last meeting.  He asked for direction from the BoS.  Howell said that URDC is now willing to either go outside the company or to give the editing of the Forks Comprehensive Plan to a staff member.  He suggested that the letter from the gentleman who critiqued the plan draft be given to URDC.  It was decided that Schnaedter will meet with Mr. Schmehl and present the critique letter in person.  A completion date will be requested.

Schnaedter reported also that the Request for Qualifications for a municipal engineer are posted on the website and were advertised in the newspaper. 

Schnaedter said that he gave the Board a copy of news article about a PA township receiving underwriting from a local bank for its summer concert series. 

Also included in the Board's packets was a copy of the bylaws of the Business & Commerce Association of Forks Township.  They had a "kickoff" luncheon this past week and submitted their bylaws to the Board for discussion at the next BoS meeting.  The Township will become a member of the new association and was given credit for promoting it with its breakfast a year and a half ago.  Howell added that the luncheon was well attended and almost every "heavy hitter" in town was there including Victaulic, Crayola, Weyerhaeuser, Henningsen Cold Storage, and most of the banks.

Engineer's Report - Hay - absent - no report.

Solicitor's Report - Kline - reported that Forks is in year three of a four year process of buying sewage capacity from the Borough of Wilson.  One more payment is due and that will complete the purchase of 150,000 gallons per day of capacity.  See BoS Meeting Notes 9/20/2007 for background.

UNFINISHED BUSINESS

CMX Presentation – Proposed Amphitheater (Bonnie Nicholas, Supervisor) - Nicholas said that the amphitheater project will be before the Planning Commission at its September 22nd workshop and will be an agenda item at the October 1st BoS meeting.

NEW BUSINESS

Street Light Resolution - Towne Centre at Sullivan Trail (Mark Roberts, DPW Director) - Roberts said that this is a standard resolution for the 15 new street lights at Towne Center.  The lights run from behind Ace Hardware to the Goddard School.  The 18 month maintenance period begins with this 3:0 unanimous approval.

Street Light Resolution – Riverview West Ph. II (Mark Roberts, DPW Director) - This resolution is for four streetlights to go in service and it was approved 3:0.

Department of Transportation – Winter Salt Contract (Mark Roberts, DPW Director) - Roberts said that the contract is with the PA Department of Transportation and runs from 2009-2014.  It allows the Township to be paid for the maintenance of State roads and covers Knox Avenue, Sullivan Trail, Frost Hollow Road, Arndt Road, Kesslersville Road and Bushkill Drive.  The cost is $63,498 and represents an increase of $10,000.  The contract was approved in a 3:0 vote.

International Women’s Apparel, Inc. - Settlement of tax assessment appeal (Karl Kline, Solicitor) - Kline explained that International Women's Apparel, Inc. filed a property tax appeal with Northampton County.  The company alleged that it is over assessed.  The appeal has been reviewed by the chief Northampton County appraiser who has recommended a reduction in the assessment.  All three taxing bodies, the County, the Township, and school district must agree.  The annual tax payment reduction to Forks will be $1,202. 

Farley said that he learned "indirectly" that the Forks' tax collector has received a bankruptcy notice from the parent corporation of the company.  Kline said that a tax lien has priority even in bankruptcy and suggested that the assessment reduction be approved subject to whether the bankruptcy has an impact on the settlement.  The vote was 3:0.

Follett Corporation – Settlement of tax assessment appeal (Karl Kline, Solicitor) - Kline said that Northampton County has okayed an assessment reduction.  The decrease in tax revenue to Forks will be $2,500 per year.  Kline offered that some of the industrial park buildings are "getting up there in years" and some have physical obsolescence and some have technological obsolescence.  The vote to approve was 3:0.

2010 Budget Calendar (Jim Farley, Finance Manager) - Farley presented the Board with a proposed budget calendar.  It follows the same meeting schedule and pattern as the last four years.  Submissions from department heads and contracted professionals are due by October 9th.  There will be a pre-BoS meeting at 6:30 PM (October 1st) to discuss capital projects.  After that, there will be work-sessions.  November 15 is the rough draft date with November 19 as the tentative adoption date.  Final approval of the 2010 budget is set for December 17th.  The calendar was approved with a 3:0 vote.

2010 MMO Pension Obligation (Jim Farley, Finance Manager) - Farley reported that Act 205, the Municipal Pension Plan Funding Standard and Recovery Act, requires that pension obligations for the next year be anticipated and projected by the end of September.  The estimate was approved with a 3:0 vote.

Agreement for Architectural Services – Kimmel Bogrette not to exceed $19,800.00 (Rick Schnaedter, Township Manager) - This was put on hold until after the Executive Session.

Executive Session - There was an executive session to discuss litigations and a real estate matter.  No action was taken during the Executive Session.  After the session, three votes were taken. 

The first was a unanimous 3:0 vote to hire Kimmel Bogrette for the DPW garage architectural services. 

(Updated:  9/23/09) The second, in another 3:0 vote, was to authorize Solicitor Kline to send a letter to the attorney for Gary Strausser and Strausser Enterprises mandating that the agreed to escrow accounts for Riverview Estates be replenished from their current $0 amounts to the the required $250,000 by September 30, 2009. 

And, the third was to authorize another letter by Solicitor Kline to the attorney for Strausser that advises that the long ago agreed to terms and deadlines (for submission of final plans) of the Riverview PRD (Planned Residential Development) have been exceeded by 3-1/2 years for phases 5 & 6.  If the 2007 draft of the agreement is not signed by the developer (and the escrow accounts replenished) by September 30, 2009, the Township may take whatever actions are deemed necessary.  The vote was 3:0.

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

Workshop 7:00 PM - Five Year Recreation Plan

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

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

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

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

Discussion:

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

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

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

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

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

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

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

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

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

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

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

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

Regular Meeting (agenda)

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

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

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

Public Comments (non-agenda) -

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

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

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

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

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

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

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

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

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

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

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

Supervisor Remarks: 

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

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting.  The debits and transfers were approved with a 5:0 vote.  The Township's current outstanding debt is $7,768,332.

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

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

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

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

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

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

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

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

UNFINISHED BUSINESS

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

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

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

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

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

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

NEW BUSINESS

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

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

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

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

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

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

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

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

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

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

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

Executive Session - There was an executive session on a personnel matter.  No action was taken after the session.

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

A Class Act! - PC/BoS Joint Workshop - 7/10/08

The Forks Planning Commission (PC) showed that it's a "class act" at the joint meeting with the Supervisors on July 10th.  The meeting was set to review the latest draft Comprehensive Plan - a plan that has been in the PC's lap since the first discussions in October 2006.  Instead of being protective of the draft Plan they crafted and insisting that the latest draft is it, a finished Comprehensive Plan, the planners embraced the reasons for additional work. 

At the beginning of the joint workshop, Supervisor Howell explained that he was speaking only for himself and that he wants the new Comprehensive Plan to be the best plan it can be.  He said that the 1997 Comprehensive Plan did not serve the Township well.  And, he pointed out the 800 pound gorilla in the room - the lawsuits.  He said that the new draft is not yet the guide he was looking for.  In particular he didn't see that the Plan really preserved farmland and did not encourage agri-business.  He told the group that he wants to see a Plan that addresses the future and that clearly defines what Forks is and what "we want Forks to look like." 

Howell said that the Plan must give guidance to the Supervisors and Planners of the future.  He said that he and Supervisor Egolf looked at lots of other municipal comp plans and when they found the Lehigh Valley Planning Commission's Comprehensive Plan, they knew they'd read a winner.  In terms of Forks' draft, Howell said that it needs reshaping and additional parts.  For example, there is no environmental program - it does not deal with solar panels or serve the "green" nature of Forks residents.  It has no provisions for an EAC, conservancies, or shade tree commissions.  Howell felt too, that the recreation section needs refinement and some corrections.  In all, he thought the draft Plan lacked "textural format and flow" and was, in essence, a narrative without substance. 

Planner Tamborrino asked Turner (PC Chair) how he thought the PC should (re)look at the Plan and what the procedure should be.  Tamborrino said that "it should be done deal when it's done." Turner said that the "macro" specifics need to become "micro" ones.

Discussion:

• Planner Billings offered that the Plan needs a definite direction.  He recommended that the PC make the changes and then make the recommendations to the BoS.
• Planner Castrovinci thought that the organization of the Plan was bad.
• Supervisor Egolf said that the group should go back to URDC's original proposal.  He thought that the draft Plan could apply to any community in the country.  He said that the Plan's strength was its action plan and that instead of being at the end, it should be in the front and prioritized.  Egolf said that the Plan needs to be a usable and strong document much like the LVPC Plan. He felt that a smaller ad hoc committee should be formed.  The committee should use the LVPC Plan as a model.
• Tamborrino offered that the shortcomings of the draft Plan may be a result of the committees because each committee wanted their work included and it brought in too much detail.  Solicitor Kline said that URDC had to deal with the committee's "pride of ownership."
• Supervisor Nicholas said that the draft Plan contains too much detail and will be outdated in a year.  It should be a comprehensive plan and not a detailed document.  She felt that it is not yet "professional" and needs structure and format.  Nicholas added that the work done by the committees, although too detailed for the Comp Plan, belongs in five year plans and should be used.
• Supervisor Miller said that he agreed with almost 100% of what has been said.  He added that the results from PC's bike path meeting a few weeks ago do not reflect what the Township has.  He thought too, that the new work should be done by smaller groups and that input from the Recreation Board and Athletic Association should be sought. 
• Supervisor Chuss asked if he was "the only one who sees that the king is not wearing clothes?"  He said that "we need to put a stake in the ground and start the process."  And, he added that the Plan is what Zoning and SALDO (Subdivision and Land Development Ordinance) are based on.  Nicholas asked him why the BoS should throw another document out there that will be used against the Township in a suit.
• Resident Jim Wideman said that the draft Plan is inconsistent with the KMRD lawsuit defense and that there are references in the draft Plan to farmland as "undeveloped" land.
• Turner offered that 10 years is too long to wait for another re-do of the Plan and that it is a living document and should updated frequently.
• Planner Dicker said that the PC should "put out a polished document."

The result of the night's workshop is that a committee consisting of two Planners and two Supervisors will be formed to re-work the draft Plan.  Both chairmen, Howell and Turner, will be on the committee.  An alternate from each body will also be chosen.  Of the PC members, both Billings and Tamborrino volunteered.  One will be primary and one will be the alternate.  The BoS will make their selections for the other member and alternate at its meeting on July 17th.

Public input can be sent via email to either Howell or Turner.  The meetings will be on the Township website calendar.

Aside:  This was a cordial and productive joint workshop.  The PC, and its chairman, Dean Turner, are to be commended for being open minded and understanding the importance of what they were charged to deliver when they undertook the Comprehensive Plan project.  The BoS is also to be commended for reading the draft document so thoroughly and for finding ways to make it better.  As Tamborrino said, "It should be a done deal when it's done."

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 6/19/08 & BoS/Recreation Board Joint Meeting

Joint Workshop

Board of Supervisors & Recreation Board - 6:00 PM

Many aspects of the Neighborhood Parks Proposal and other recreation topics were discussed including: 

• Speeding on Penn's Ridge Boulevard.
• PennDOT's monkey wrench that has slowed down progress on the Meco/Sullivan traffic signal - they may require extra lanes.
• PennDOT's refusal for a four-way pedestrian crossing button at Meco/Sullivan (to stop traffic in all directions at one time). 
• The Township-wide recreation survey that was done several years ago. 
• A bridge to cross Sullivan Trail qualifies for State funds because it is greenway space - it will connect the recreation path to Bushkill and cross a State highway.  A grant application has not yet been written.  The estimated cost is $300,000 and a grant would pay for one half of it.
• The Recreation Board Five Year Plan is almost complete and the Parks & Recreation Standing Committee asked to be briefed on it at their next meeting (June 26th - time to be announced see the Township Calendar- either evening or early in the AM).  Jeffrey Bader heads the Recreation Board Five Year Plan committee.
• Gollub Park is almost ready.  Lacking are map stations, signage, picnic tables, and recycling bins. 
• Recreation Board meetings are open to the public.  They welcome resident input. 

The Recreation Board said that it has also been working on plans for parks and that the standing committee proposal is very similar.  They have asked for time to take it back to their members to explore the similarities and differences.  They will meet again with the Supervisors to review their results - watch the Township calendar for dates and times. 

Read Chris Knight (Express Times) for more on the Board of Supervisors and Recreation Board joint meeting.

Regular Meeting (agenda)

Public Comments (non-agenda) - none

Supervisor Remarks

• Supervisor Nicholas presented a special plaque to boy scout Sterling Pennington of Troop 29 for his impressive and successful Gollub Park project.  Scout Pennington is working towards his Eagle Scout badge.  He already has 31 other badges.  Slides of the work before, in progress, and completed were shown.  He thanked everyone who helped, especially Evan Benz, Nick Tarsonnelli (sic), the United Way, the Teamsters, Easton Block, and DPW Director Mark Roberts.

Nicholas also thanked Troop 29 for being very supportive of Forks Township.  She said that they camp out at Forks Community Days and help clean up afterwards. 

• Supervisor Nicholas reported that she received a phone call from Windmill Horse Farm.  The farm wishes to have horses at Forks Community Days.  They would be penned and petting would be allowed.  Supervisor Howell noted that horses are part of our rural heritage.  Solicitor Kline said as long as the area is safe for the horses and for the people petting the horses (they may bite), and that plans are in place for cleaning up afterwards, the Board can allow them.  A motion was made to allow Windmill Farm to bring horses for Community Days.  It passed 5:0.  Nicholas will notify the farmer.

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 5:0 vote.  The current outstanding debt is $7,857,956.  Resident Sandy Hanks asked for clarification on the Liquid Fuels debit item and was told by Township Manager Schnaedter that it was not money for the purchase of fuel but money received by the State (based on Forks' miles of roadways) and is earmarked for roads or capital equipment.

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

• Public Safety - Supervisor Chuss - said that the next meeting is set for July 1st at 5 PM.
• Public Works - Supervisor Miller - reported the the new playground equipment installation is complete.  It only took one week and the end result it that "we can't pry the kids off of it."  "They love it."  
• Parks & Recreation - Supervisor Howell - reported that there was a 6:00 PM workshop with the Recreation Board on the topic of the Neighborhood Parks Proposal.  He said it was a very positive meeting and represents an initial step - a new beginning - with the Recreation Board.  Additional meetings will be scheduled right away in order to continue to review park needs "before summer is away from us."  These open-to-the-public meetings will be listed on the Township calendar.
• Community Relations - Supervisor Nicholas - reported that the committee discussed looking into different vendors for the Forks Quarterly.  The current edition should be "in our hands in a few days."  The committee is also gathering user opinion on the municipal phone/voicemail system.  It ill be discussed further at the next meeting.
• Finance and Administration - Supervisor Egolf - said that the committee met on June 11th and that Matt Miller has been certified for residential building inspections.  He extended congratulations to Matt Miller.  Egolf also reported that an Economic Development Standing Committee is a "work in progress." 

Township Manager's Report - Schnaedter reported that he has spoken with colleagues from other municipalities about basketball backboards and other obstructions in the rights of way.  He said that municipality will ask that they be removed and if they are not, the public works department confiscates them.  Schnaedter said that he spoke with the police department, with staff members from public works, code enforcement, and with Solicitor Kline and recommends a similar policy for Forks - as complaints are received.  Schnaedter said that Forks already has street right-of-way language in our existing ordinance.

Schnaedter re-acquainted the Board with the 2003 feasibility study for a new public works garage.  He also said that he requested a fee schedule.

Schnaedter said too, that due to a resignation, there is a vacancy in code enforcement for a part-time clerical/reception person - who can help out in the rest of the municipal offices.  The position is for 20 hours per week and a new person would start (according to the collective bargaining contract) at 80% of the wage last paid.  (The wage will rise to 90% after one year and to 100% of the current scale after two years).  Egolf said that this person will be a help with the new document management system.  It was decided that a "temp" would not be suitable as there is much to learn to be cross-trained.  A motion was made to advertise and hire for this position.  It passed 5:0.

Schnaedter mentioned a memo about a recent problem with the Meco Road sewer.  He said that he will update the Board as more information becomes available. 

Engineer's Report - agenda items only - Howell asked about the Meco light and was told that they (Keystone) are waiting for final drawings from PennDOT.  Howell said that it was brought up by residents at the earlier joint meeting and the in intersection was cited as a popular crossing to the recreation path.  He asked that the Board be brought up to date at the next meeting or before via email.

Solicitor's Report - Kline - reported on two litigations:

1. KMRD has filed an appeal (large file) to the Zoning Hearing Board rejection (large file) of their procedural challenge.  It will go before the Northampton County Court of Common Pleas for a decision.
2. The ongoing substantive challenge before the Zoning Hearing Board will continue on August 4th.  "With a little bit of luck that will be the last hearing on that matter."

Kline also reported that the bond closing on the $1 million for DPW capital projects is set for July 9th. 

UNFINISHED BUSINESS

None 

NEW BUSINESS

Forks EMS Donation Request (Erik Chuss) - Chuss asked that this item be tabled because Mr. Keifer did not get the (unapproved or approved) May EMS financial statement to the Board in time for inclusion in the Tuesday packets.  The May (approved) statement was received at the beginning of the meeting.  Howell asked that a copy be made and forwarded to Finance Manager Farley so that he can prepare a consolidated statement for the Board's review.  The motion to table and place the item on the July 3rd meeting (under unfinished business) passed unanimously.

Neighborhood Recreation Parks (Parks & Recreation Standing Committee) - This item was withdrawn because it was already discussed in the Parks & Recreation Committee report (above).

Center for Animal Health & Welfare Agreement (Rick Schnaedter) - Schnaedter reported that the main change in the revised contract before the Board is that the Township is responsible only for stray cats (and dogs) brought in by the animal control officer or by police officers.  He said that Hanover Township signed the identical contract. 

Nicholas asked if the animal control officer picks up cats and was told by Schnaedter that he does not as a rule but on occasion he does - when they are injured or perhaps attacking young kids - depending on the circumstance.  Twelve cats were picked up by the animal control officer last year.

Howell asked if an individual traps a feral cat can he still bring it in to the Center as part of the trap/spay/neuter/return program?  Schnaedter said that this is still okay and that the animal will be returned to the person who brought it in.  Resident Jim Wideman noted that the ears of feral cats are clipped by Center so that the Center and individuals know that the cat has already been through the neuter/spay program and returned to the wild. 

Howell expressed his thanks to resident Beth Adoni who brought the unsigned contract issue to the Board.  The motion to sign the amended contract passed unanimously.

Purchase Approval - Dell Laptops (Finance and Administration Committee) - Egolf explained that the Finance & Administration Committee is trying to cut back on the Township's use of paper and copying time, particularly in preparing the BoS meeting packets, and therefore has been looking into the purchase of laptops for the Supervisors.  Farley got prices for laptops - using the government account at Dell.  The price range for five Supervisors' laptops runs from $3,500 to $4,500 (Vostros with Windows XP Professional).  There will be another $500 spent in adjustments to the wiring in the Municipal Meeting Room.  Supervisors have tried using their home PCs and had problems because of the new server.  The ancillary costs are not to exceed $2,500. 

Chuss suggested that since his company is moving to VISTA that it be considered for these laptops.  Egolf said that the Dell representative does not recommend VISTA and Nicholas added that neither does the person who installed the new server.  Nevertheless, the committee will investigate the VISTA v. XP issue further before purchase.

The authorization to purchase was approved unanimously.

Award Bid - Community Center HVAC (Keystone Consulting Engineers) - There were three acceptable (per specs) bids received - for the Community Center air conditioning/heating.  The low bidder was Hannaberry HVAC at $161,040.  The other two bids were for $237,000 and $238,000.  Kline said that because the Township waived the requirement for a bid bond, each of the bidders "had an equal chance and everything is in order."

Chuss asked about the funding and Howell said that it is coming from capital improvements money from developers. 

Nicholas asked if there is a contract or just a proposal as she would like to review it.  Keystone said that it was included in the bid spec.  Kline said that the "acceptance of proposal," if tied to the bid spec, is a contract.  He will make sure the contract conforms to all of the specifications.  The vote to accept the Hannaberry HVAC bid was unanimous. 

After the vote, Miller said that the old equipment - the two heaters - are in good condition and will be perfect for the new DPW garage.  The three year old HVAC equipment from gyms #2 & #3 will also be recycled. 

Sullivan Trail Business Park Improvements - Invitation to Bid (Keystone Consulting Engineers) - Klein explained the recent history of drawing on the Sullivan Trail Business Park developer's letter of credit in order for the Township to complete the municipal improvements to the site.  He said that Keystone Engineering was preparing bid specifications for the work to be done.  Kline added that the Board also received an email from Mr. Goffredo requesting to address the Supervisors at this meeting. 

Mr. Goffredo appeared with his new counsel for this matter, Nick Noel (sic).  Goffredo told the Board that up through the April approvals for lots 5A and 5B and his appearance before the BoS at that April 3rd meeting, he thought that he had satisfied the Board and that any issues with the detention basin were being resolved by Keystone Engineering.

Goffredo said that he hoped he didn't have to go to court.  He maintained that the detention basin was constructed in accordance with the design provided by the engineer from Merchants Bank.  He added that his surveys show that the basin was constructed "within reason" of the design intent.  Goffredo said that the site contractor was Haines & Kibblehouse, Inc and that they performed the work per the plan approved by the Township.

Goffredo said that he wants to correct site deficiencies to the satisfaction of the Township and of Merchants Bank.  He asked for the opportunity to continue discussions.  He offered to replace the letter of credit in any amount the Township Engineer recommends.  He also asked that money drawn (on the letter of credit) be returned. 

When asked by Howell about the veiled threats of a lawsuit, attorney Noel replied for Goffredo and said that it is not a threat - "It's just reality."  Noel said that there was a procedural problem with the way the letter of credit was called (at the May 15 meeting) and despite Mr. Goffredo's angst, he is offering to replace the letter of credit.  Noel said that he thought that legal fees and interest can be avoided.  Howell noted that he didn't think that Mr. Goffredo wants to pay interest on the letter of credit either. 

Goffredo asked Howell why he is angry and Howell replied that it is because Merchants Bank is not getting any satisfaction.  Goffredo said that he has not received one complaint from them - and not one written notice of deficiency from Keystone on the detention pond nor anything from the Township Solicitor. Keystone's engineer said that there have been a few punch lists. 

Kline stated, "I am pleased that we finally have Mr. Goffredo's attention - in this matter with completing these municipal improvements."  He said that this is the first time in the last 22 years, save for when one developer went bankrupt, that the Township has drawn on a letter of credit from a developer.  Kline said that in all discussions since last November, it was made clear that the November letter of credit extension was going to be the last extension.

Kline added that there was no agreement in April that the Township did not want the work to be completed and that completion of the municipal improvements was a condition of the approval for lots 5A and 5B - before building permits can be granted.  At final plan approval that condition was removed by the Board because of the drawing on the letter of credit. 

Kline said that over six years, he can see no reason why the improvements have not been completed.  He added that the major concern now is the wearing course on Braden between Sullivan Trail and Merchants Bank.  The bank has been open for two years.  Kline said, too, that the detention basin is improperly installed, contains standing water, and is a health and safety concern.  He said that flow channel is flat and that there is a potential for mosquitoes and West Nile virus. 

Kline continued that because Hay was not present, it would be appropriate to table this agenda item.  Hay will be meeting with Goffredo's engineer, Jeff Ott, next week.  Kline said that he has received letters from Merchants Bank and that maybe the reason Goffredo hadn't was because he's "blown them off" with their other complaints.

Kline closed by saying that "the objective here is to provide for the health, safety, and welfare of the citizens of this community."   He said that "these things have to be done and done within a definite timetable set by the Township."  Kline said that he and Hay will be working on these things with the developer and that he will report back to the Board at the next meeting.

Goffredo said that the Township wasted money watering the newly planted trees on the site because the landscaper is bound to maintain the trees.  Howell said that he asked that the trees be watered because they were wilted and that they were planted in 95 degree weather.  Goffredo countered with, "If the tree dies, he's going replace it.  That's what his contract says." 

Nicholas said that she voted to draw on the letter of credit because she has been listening to Kline and Hay say that the punch list items are being ignored - ever since 2006.

The Board voted 5:0 to table this agenda item until July 3rd. 

Noel asked that the fees for Keystone's preparation of the bid specs be halted.  Kline agreed that this was reasonable.

Kline reminded Goffredo that the shouldn't think that the Township will give the letter of credit money back so that it can just "hope" that the work will get done.  It will not be like it was before. There will have to be deadlines before the Township will consider returning the money and getting a substitute letter of credit.

EASD Paxinosa School Addition - modify school bus access condition (Karl Kline, Solicitor) - Kline explained that "no school buses on Arndt Road" is a condition of approval for the EASD Paxinosa proposal.  The EASD objected to what looked to them to be a total prohibition of any school buses on Arndt Road.  At a meeting with the EASD, Miller, Schnaedter, and Kline the following agreement was worked out:  "Developer agrees that there shall be no Paxinosa School and Shawnee School bus traffic on Arndt Road between North Trail and Echo Trail..."  The developer is the EASD and the buses coming from the west will enter the campus via North Trail and those coming from the east will use Echo Trail.

A motion was made and seconded to accept the revision to the conditions.

Egolf asked about school buses on Mitman Road to Wagoner.  Egolf said that Mitman is not designed for school buses and that there will be a serious accident one day on that hill and that there is a near miss there daily.  Kline said that it was discussed but the school does not think it's a problem.  Egolf said that in his capacity on the transportation sub-committee for the Comprehensive Plan, he learned that the original agreement (for Shawnee) was that the buses would use Bushkill Drive to Arndt Road.  He added, "We are on borrowed time on that hill and the school district knows it."

Kline suggested sending a letter to the EASD urging them to cease using Mitman.  He said that this is the time of year they are working out the bus routes for the new school year.  Egolf again stressed the seriousness of the Mitman Road route and said that he couldn't believe that they were concerning themselves with 40 buses passing on a stretch of Arndt Road instead of with the Mitman Road safety issue.

Miller said he agreed 100% and that when Shawnee Middle School was being discussed, the school brought up bus routes and said that there were to be no buses on Arndt Road.  Chuss said that he recalls that buses on Mitman were absolutely discussed (Planning Commission) and that representatives from the district said that buses would not use Mitman Road - although, he added that there is no EASD commitment in the documents.

Nicholas said that she was at the meeting and EASD said that they would not use Mitman Road but would use Bushkill to Arndt.  She added that school buses cannot stay on their own side of the road to navigate the curves on Mitman.  

A vote was taken on the acceptance of the revision to the conditions for bus traffic on Arndt.  It passed unanimously.

Next, Howell suggested that the BoS form a very strong resolution about buses on Mitman and that the resolution be placed on the next BoS agenda.  A motion that Kline craft a resolution in the strongest terms to induce the abandonment of Mitman as a bus route and to have the buses use Bushkill to Arndt was made and seconded. 

Former Supervisor John Ackerman suggested that it include the words "trucks and buses are prohibited from that stretch."  Kline noted that State standards for weight and safety must be followed before traffic can be limited on any road. 

The vote authorizing a resolution was 5:0.

Another motion, to authorize Keystone to review Mitman from Bushkill to Wagoner - to examine the road, the curves, the incline, the width, etc. with recommendations for restrictions for purposes of safety - passed 5:0.

For more on school buses on Mitman Road read Madeleine Mathias (Morning Call).

Comprehensive Plan Discussion (Erik Chuss) - The BoS received their copies of the draft Comprehensive Plan in their Tuesday packets.  Email sent by Schnaedter advising each Supervisor that the copies were in the Municipal Building never made it to them as their email has not been working. 

Chuss said that he was impressed by Mr. Schmehl's work and that he reviewed the new draft.  He said that the changes are marked and it only took him about 45 minutes to review them.  He said he also took another 45 minutes to go through the entire plan again.

He recommended that it be forwarded as soon as possible to the Lehigh Valley Planning Commission for comment(s) - a review process that can take up to 45 days.  

Chuss also suggested a joint meeting with the PC to review the draft.  And, when Howell said that he would like a generous amount of time to review the draft and to see if his comments are in it, and if not, an opportunity to submit his comments, Chuss called it a "stall tactic on this Comprehensive Plan."  Chuss said, "I think you owe it to the people who have invested a tremendous amount of time and done a fantastic job, to move this along as expeditiously as possible."  He said that the changes are noted and that if anyone had a comment, they should have saved them.  He added that he saved his and looked to see if they were in the plan.

Howell asked if Nicholas' comments were in the plan and Chuss said that they are.  Howell said that he has been making comments all along and that they are written. 

Ackerman said that each committee member should get a copy so that they can read it and see if they have changes.  He said that he would like a copy to review. 

It was also suggested that the draft plan be uploaded to the Township website for public review. 

Chuss' motion to send the draft to the LVPC died for lack of a second.

Chuss' made a second motion, to hold a joint BoS/PC workshop at the end of the regular PC meeting on July 10th to review the draft Comprehensive Plan and then to place the plan on the July 17th BoS agenda.

Howell asked that copies of the sections be made available to the sub-committee members.

Egolf suggested that email notification to the sub-committee members be sent asking them to request a copy of their section so that it can be prepared for them to pick-up.  He said that he thinks everyone should be notified that the latest version is available. 

Dean Turner (PC Chairman) asked what the purpose of the workshop will be?  Howell said that it was just as Chuss' motion stated, to review the draft Comprehensive Plan.  Chuss suggested that submitting comments in advance might be helpful.

The motion to have a joint meeting at the end of the regular PC meeting on July 10 and to add the Comprehensive Plan to the July 17 agenda passed 5:0.

Chuss noted that if the Comprehensive Plan goes until August before the Board votes on it, the soonest it can be enacted is fourth quarter 2008.

Stryker Brigade Combat Team - Developers Agreements - (Karl Kline, Solicitor) - Kline said that the developer's agreements are in order but unlike most, the Township signs these first.  The State signs second.  The agreements were accepted in a 5:0 vote.  Kline noted that there will be a pre-construction meeting on Wednesday at 9 AM.

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

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

Joint Meeting - 3/28/06 - Amended

These notes have been amended after hearing from one of our readers who was at the meeting. Many thanks. We do try to get it right.

The joint workshop session on the 28th was as interesting as we expected. Joe Nixon’s March 29th Morning Call article described the main issues discussed by the Planners and the Supervisors. Please read it for more information.

Charlie Schmehl from Urban Research and Development Corp. (URDC) was there by invitation to detail the issues raised at the public hearings for the new zoning ordinance. Some will become amendments to the new ordinance, some will not. Discussed were:

• Clarification that a 4 acre lot in the FP may be subdivided into 3 acre and 1 acre lots with the condition that the 3 acre parcel carries an easement to prevent future subdivision.
• Making a landscaped berm a requirement between residential and commercial uses in all zoning districts.
• Changing the setback for mobile home parks to 100 feet from land occupied by an industrial use.
• Creating an age restricted mobile home park density bonus.
• Relieving Hanson Aggregates (1900 block of Sullivan Trail – in the TC district) from setback requirements.
• Changing Braden Airport from a non-conforming use to an allowed use in the REM district – decided against it.
• More clarification on the definition of and regulations for neon signs.
• Altering the time between electronic sign message changes from once every 6 seconds to once per minute. Time and temperature signs will be exempt.
• Requiring the planting of trees (by developers) in open space to create wooded areas.
• Township purchase of open space (from developers). Currently there is nothing to stop developers from selling their open space to “slum landlords” (Solicitor Karl Kline).

The above items will be finalized as amendments (or not) at the next workshop session on April 25th.

Kline noted during the the billboard discussion (allowed only in the EC district) that there is a rumor that the owners of the (former) billboard near Lockwood Congress and Tastebudz is unhappy that his billboard had to come down and wants to put one up across the street.

It was decided that the SALDO review will be done in the conventional way (at PC workshops) and will take 3 to 4 meetings. Engineer Fred Hay volunteered to take care of the technical end of the review – which will begin at the April 25 workshop session.

The Comprehensive Plan has not been revised in 10 years. Two of the Planners thought that it should have been done before the Zoning Ordinance re-write. It will undergo an update as it is the beginning of the process to fine tune the other two documents - the SALDO (Subdivision and Land Development Ordinance) and the Zoning Ordinance.

Planner Erik Chuss, who was unable to be at the workshop, sent a letter to Tamborrino expressing his opinion of the form the process should take. Chuss felt that it should be done in groups with citizen participation. The groups would be composed of representatives of all folks with an interest in Forks - solicited to participate would be farmers, residents, the Athletic Association, the Recreation Board, businesses, and (as suggested by Supervisor David Hoff) homeowners associations. Tamborrino (and others) felt that it should be done at monthly public workshops with one large meeting at the end for citizen input – like the Zoning Ordinance was done. There will be public hearings by both the PC and the Board before the updated plan is approved.

The topics that will be covered in the Comprehensive Plan workshops include traffic, roads, trails (recreation plan), and preservation in the the FP (Farmland Protection), the RC (Riverfront Conservation), and the HC (Heritage Corridor) districts.

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.

"Rally in the Alley" ...Sal Panto

The Strausser Enterprises presentation before the Joint Meeting of the PC & BoS on Tuesday, May 24th was attended by a SRO (standing room only) audience of concerned residents. Joe Nixon (Morning Call 5/25/05) wrote an excellent piece describing the mixed reactions of all present as well as the scope of the proposed project.

Sal Panto, the Strausser representative who did the "show and tell" for the proposed Village Center Zoning Ordinance, explained that they (Strausser Enterprises) met with the Township staff (Kline, Kichline, Hay, and Weis) to come up with project changes that might be more amenable to the Township. He described the golf course history and said that there's a bear that makes monthly visits and that they are trying to make it "even more of a natural habitat than when the farmers were growing corn..." He asserted that the Village at Riverview was planned 6-1/2 years ago and because they didn't own the land then, it wasn't included in the original PRD (Planned Residential Development). He said that if they had owned the land then, it would have been approved by the Board at that time. He touted the benefits of adding a commercial center in the middle of the Riverview residential area.

PC Chairman, Vito Tamborrino, asked Panto to explain the proposed zoning ordinance. Panto replied that it was taken from ordinances in other communities and that it follows the "State ordinances." Panto said that they did not ask for an "overlay" because in the future others would come in and want to use it (the overlay) in areas where it wouldn't be compatible. Panto confirmed that they wanted not to change the Zoning Ordinance but to change the zoning map. The project would involve 68,000-70,000 square feet of commercial space and 215 dwelling units. Supervisor Bonnie Nicholas commented that that would mean 500 extra cars and asked about the "open space." Panto said there would be a lot (of open space) if the parking is included. He speculated that "open space" would probably be around 25% with the PRIVATE 4-1/2 acres of Recreation Center. Planning Commissioner Jim Wideman pointed out that the Recreation Center is a subdivision and that the entire project density is a quite a bit more than the CR district would allow. CR would allow only 80 houses. Panto offered to leave some of the parking as green space until it's needed as parking and then it will be paved. Planning Commissioner Dean Turner noted that we have a struggling Town Center district and that this might compete with it. Turner said that this project would be good in the Town Center district but not out in the countryside. Planning Commissioner Erik Chuss stated that the density is unbelievable and that it appeared to be trying to turn a suburban area INTO an urban area. Both Nicholas (BoS) and Les Ottenwalder (PC) noted that they would support the plan if it was all on one side of Winchester Drive. Various audience members presented comments both for and against.

A vote, taken to recommend or not recommend to the Board that this project go forward, ended in a 3:3 tie. No recommendation will be made to the Board by the Planning Commission.