BoS Meeting Notes - 11/20/2008

Regular Meeting (agenda)

Some of this night's meeting was once again devoted to discussion of the Forks EMS (FEMS) situation - whether FEMS will actually reimburse those residents who sent 2009 subscription dollars - in a timely fashion or whether it will be a very long, cold day... before FEMS sells its property and has the funds to make the promised restitution.   Please read Tony Nauroth (Express Times) for more on the complexities involved.    

Public Comments (non-agenda) -

• Resident Sandy Hanks asked if the Township is paid for advertisements on its Zucksville Road electronic sign board.  She was told that "happy birthdays" are paid for but notices about scheduled Community Center activities (like massage services - since rent is collected for use of the Community Center) are not.
• Bill Petterson, Director of Mad Science of the Lehigh Valley, complimented the Township for helping to make the summer Mad Science Camp a wonderful experience for all involved.  He said that he's done many workshops in a lot of townships and his observation is that Forks' Community Center is a true community center, existing for the community.  He especially thanked Don Miller, Rick Schnaedter, and the Community Center staff and said that "the kids had an absolutely wonderful time and learned a lot about science..."  Petterson said, "And who knows, maybe the next Einstein will come out of the Forks Township Mad Science Camp."  He also promised to do it again.
• Resident Mark Phillips told the BoS that it was his understanding that the Township has no ordinance about tractor trailers parked on residential streets.  Zoning Officer Tim Weis told him that there is an ordinance and trucks are prohibited in residential areas and that he should call the Township and ask for the zoning office and the problem will be taken care of.  Mr. Phillips said that he called the police and officer Dressler told him that there was no law against it.  Weis explained that it is in the zoning ordinance and that his office will address it.   Mr. Phillips asked what to do "after hours" and Weis said that he should call the police department and that they will take the information and he (Weis) will deal with it during business hours.  Chief Dorney said that he will follow up on making sure officers are informed. 

Supervisor Remarks - None

Treasurer's Report - Supervisor Egolf was out of town and Finance Manager Farley detailed the debits (cash paid out) since the last Supervisors' meeting. The debits and transfers were approved with a 4:0 vote.  The Township's current outstanding debt is $7,400,223.

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

• Public Safety - Supervisor Chuss - reported that the next meeting will be held on December 2nd at 5 PM in the Municipal Building.  There has been no meeting since the last BoS meeting.  Chuss said that the emergency service tower is being built and that the hope is that the concrete flooring will be done next week so that it can cure over the holiday.

As to the "EMS situation," Chuss said that the EMS board member he spoke with (who told him that subscriptions would not be refunded) "spoke out of turn."  Chuss said "it has come to light" (ref. Tony Nauroth - Express Times, 11/8/08) that FEMS will repay the subscriptions and said the BoS needs to "go back" and look at the motion made at the last BoS meeting.  He asked Kline how the BoS should address it.

Kline said that the BoS operated with the information it had at the time - that Chuss reported that FEMS was not going to return subscription monies to residents - and acted on a motion to provide protection to Forks citizens who paid FEMS and not Suburban EMS (SEMS).  Kline said that since the original information now appears to have been in error, it is appropriate that the Supervisors take a step back and re-look at the situation.  He thought it a good idea that Public Safety take it up and make a recommendation to the BoS at the next meeting.  Kline also said that it would be appropriate for the BoS to consider revoking the motion to reimburse (via subscriptions to SEMS) residents for their FEMS subscriptions. 

Chuss made that motion and Miller seconded. 

In discussion of the motion, Howell said that he would rather wait and hear from the Public Safety Committee and that he would like to have had it as an agenda item or to have had some prior notice.  He said that it does no harm to continue receiving information from the public as to subscriptions paid to FEMS.  The BoS can act upon the information (or not) after the Public Safety review. 

Chuss said that in fact, he thought this (decision to revoke) was what came out of the meeting with SEMS on Tuesday.  Howell said that he was at that meeting and that is not what came out of it.  Kline said that he, too, was there and that it was his understanding that this issue was to be taken back to the Public Safety Committee with a recommendation.

Kline offered that there is no alternative motion being put forward tonight.  He added that right now, with the resolution from the last meeting, SEMS can anticipate receiving subscription money from the Township.

Howell asked if anyone believes that FEMS will pay these (subscription refunds) with available cash?  He said that FEMS' offer, "although well intended can't be well effectuated" and that he doesn't think that FEMS has the wherewithal to pay back the 120 to 150 subscription checks at this time.  Howell said that taking the offer off the table now, would put the BoS back where they were before.

Nicholas asked Kline for clarification and asked if SEMS was assuming that Forks would pay for subscriptions?  Kline said that right now, SEMS is assuming that the Township will pay for subscriptions whether or not the citizens get their money back.  The BoS must decide if it is going to rescind the resolution now or wait to make a decision until after the Public Safety meeting.

Howell said that he remembers the BoS saw a need to reimburse Forks citizens who paid FEMS - with a "credit."  He said that if they "believe in their heart" that FEMS will repay residents...  He said he doesn't see that happening and he would rather have the solution with SEMS that takes care of the entire arrangement.  He thought that the offer should be left open for the "integrity of the offer."

Resident Jim Wideman said that is was his understanding that if a resident paid (FEMS) before October 16th that the Township would pay SEMS for that resident's subscription.  He said that it didn't make the Township liable for any services and said that he thought it was a great offer by the Township for those caught in the middle.  Mr. Wideman said that he sees no reason to rescind that offer. 

Resident Sandy Hanks said that she agreed with Howell and thought it premature knowing FEMS' history.  She said that it was in the newspaper and people know to bring their cancelled checks to get a SEMS subscription.

Resident Dick Wambold said that it sounds like FEMS "has perpetrated a theft of services and that something should be done to them if the money is not paid back to Suburban."  Howell offered that the money was probably used for general expenses, a legitimate use of subscription monies.

The motion to rescind the reimbursement credit (from the October 16 meeting) and refer the matter to Public Safety to report back with a recommendation at the first BoS meeting in December was discussed further.  Nicholas said that she would like a (Public Safety) report before the (BoS) meeting.  Chuss said that the Public Safety meeting is after the (Supervisors') packets go out.  Howell suggested a fast email. 

Chuss offered that he would hate to see people going through the hassle of getting cancelled checks and that FEMS has gone on "very, very public record" about their intent to refund subscriptions.  He felt that the resolution should be rescinded as it can put back on the table in a month or the BoS can "start from scratch." 

Howell said that there is no money and that the refunds are not going to paid any time soon.  He referred to a  Morning Call article reporting that refunds (ref. Christopher Baxter, 11/11/08) will be paid only after the building is sold.  Howell said it is rather callous to walk away from the problem. 

The vote to revoke was defeated in a 1:3 vote.  Chuss was the only "yes."  This issue will be on the next BoS agenda.

• Public Works - Supervisor Miller - reported that public works is in the ongoing process of "putting up the park system" for the winter.  He said too, that the new "gym 1" HVAC installation should be completed tomorrow and that it did miss the summer cooling season.  Also, the Community Center is in the process of scheduling winter programs.  There will be 360 basketball games in the Community Center.  Forks has 30 teams.
• Parks & Recreation - Supervisor Howell - no report. 
• Community Relations - Supervisor Nicholas - reported that Supervisors have received copies of the next Forks Quarterly.  She asks that they get back to Schnaedter by noon on Monday with any recommended changes.
• Finance and Administration - Supervisor Egolf - absent and the budget continues to be the focus.

Township Manager's Report - Schnaedter announced that the Kiwanis annual tree lighting at the Municipal Building is set for December 7th at 7 PM.  Attendees are asked to bring non-perishable goods to be given to local food banks as the Kiwanis hope to have a substantial donation.  The Township staff is also collecting food and there will be collection baskets throughout the municipal complex. 

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - said that he reported at the last meeting that the Zoning Hearing Board (ZHB) rejected the challenge to the validity of the Forks Zoning Ordinance.  In another suit, KMRD's procedural challenge to all zoning ordinances back to 1983, the ZHB ruled that the 2006 Zoning Ordinance is valid and therefore there is no need to look back further. 

KMRD, however, likes the 1983 ordinance and would prefer to operate under it. To that end, KMRD has filed an appeal to the ZHB procedural challenge decision.  It is currently in the Court of Common Pleas of Northampton County before Judge Emil Giordano. 

And, while this appeal was pending, KMRD filed a separate motion before the judge to "present additional evidence" about the other, older ordinances they were challenging and asked that the case be sent back to the ZHB.  Judge Giordano rejected that motion.

The ultimate issue, the validity of the procedures involved in enacting the 2006 zoning ordinance, has not yet been decided by the court.  If Judge Giordano agrees with the ZHB, that the 2006 procedures were valid, Kline feels that he will not require analysis of any of the prior zoning ordinances.  Kline said, "That's where it stands.  One more step along the way.  One more victory for the Township.  One more defeat for the developers." 

Kline added that there is a provision in the Municipal Planning Code (MPC) that appellants can petition the court to order that there be additional evidence.  However, he didn't think there could be a separate appeal on it.

Executive Session - There was a short mid-meeting executive session on a matter of potential litigation and on a personnel issue.  No action was taken during or after the session.

UNFINISHED BUSINESS

Ordinance #310 Adoption - Adamson Street Common Use Line (Karl Kline, Solicitor) - Kline explained that although all Easton Area Joint Sewer Authority (EAJSA) member municipalities thought the short Adamson Street line in West Easton was included as part of the common use sewer line, it was never officially part of the 1976 inter-municipal agreement.  All members must adopt this ordinance amendment to get it included.  Forks' representative to the EAJSA, Henning Holmgaard, recommends approval.  Kline said that the amendment was properly advertised and is ready for BoS approval.  The Supervisors agreed and adopted the ordinance in a 4:0 vote.

Proposed 2009 Township Budget - (Jim Farley, Finance Director) - Farley began with an overview of the budget process.  He said that they began working on the budget in early October and that there were five work sessions with the BoS and with department heads. 

There are challenges to the 2009 budget because the "bottom has fallen out" in housing starts and reality transfers as well as the reciprocal revenues, such as permits.  The net impact is that $400,000 of revenue is literally removed from the budget.  The Township must still deal with the price of fuel and with staff contractual obligations.

In the final work session, there was a proposal for the net reduction of $49,000 in general expenses across the board in all departments.  The capital requests for next year are frozen.  They will appear on the budget line as items but will not be released until at least mid-year after it has been determined that the revenue stream can support them.  That frozen amount is $345,000 in proposed capital purchases.  Even that amount still results in a shortfall for the needed 2010 carryover amount.  Therefore, a tax rate adjustment of 1/2 mil for 2009 is necessary.  This 1/2 mil increase is approximately equal to $39 per household. 

Forks is not alone as other municipalities are facing the same problem.  For the last 1-1/2 years, the Township has been looking for opportunities to renegotiate vendor contracts.  Farley said that he hopes that next year is decent and that reserves can be built up again. 

Farley said that this tentative, rough final draft of the budget can be approved or disapproved.  It must be on public view for 20 days and final approval can be at the December 18th BoS meeting or, if necessary, at a special meeting at the end of the year.

Nicholas asked if even with the 1/2 mil increase, the Township would still be short for the 2010 carryover?  Farley explained that it would be "little" short if the capital items are purchased.  Of course, if any capital items are to be purchased the priority will be decided by the BoS.

Howell asked when the real estate tax monies come in and Farley said that the majority are in by the end of May.

Farley said that the real estate transfer revenue is a big problem but if it rebounds a bit the Township will be in a better cash position and it will help to build back a significant reserve.

Howell asked if the budget had been adjusted for the drop in the price of gas and oil.  Farley said that it has not.  He used October rates.  Howell thought there might be an area of savings there.

Nicholas asked about the $218,000 surplus.  Farley said that if the capital items are not purchased, the surplus will be $500,000.

Planner Dean Turner asked if the budget will be on the website.  He was told yes and that it will be at the Municipal Building counter tomorrow.  The legal advertisement should be in the newspaper over the weekend.

The 2009 tentative budget with its included 1/2 mil increase was adopted with a 4:0 vote.

NEW BUSINESS

Fancy Furrow Farms Preliminary / Final Minor Subdivision Plan (Tim Weis, Zoning Officer) - Engineer Fred Hay referred to Keystone's letter of 10/3/08.  He explained that this plan is taking one tract of land and creating a three lot subdivision.  On lots one and two are two residences and a business.  He recommended approval with the conditions specified by the Planning Commission (PC).

Howell said that it appears the PC is asking for a 40 ft. right-of-way from the center of the road and going around two of the buildings (so that the buildings will not be in the right-of-way).  And, that the applicant (former Supervisor John Ackerman) did not feel it necessary to dedicate a right-of-way. 

Hay said that the PC recommends that the BoS reject the plan if the right-of-way is not dedicated.

Attorney Joel Scheer, representing Fancy Furrow Farms, pointed out that there are no proposals for changes in use or intensity.  The purpose is to separate the lots so that John Ackerman's brother's lot is broken off from the tract.  Scheer said that because Uhler Road is a State road and because Fort James III is under development, PennDOT has "fully vetted" Uhler Road.

Scheer said that based on previous court rulings, a subdivision cannot be rejected based on the refusal to grant a right-of-way.  Setbacks can be required but not rights-of-way. Scheer said that the courts say that if you insist on someone's land, you have to pay for it. 

Kline said that that the MPC specifies in Section 503, that "a subdivision or land development shall conform to the Comprehensive Plan..."  The SALDO (Subdivision and Land Development Ordinance) looks at various streets and indicates certain rights-of-way for those streets.  In the case of Uhler Road, the right-of-way is 40 feet from the center of the road.  Kline advised that Keystone did not just make it up on an "ad hoc basis."

A long discussion ensued about traffic, the Fort James III development, road improvements, and PennDOT's unwillingness to have money to acquire land for road widening while still demanding same - forcing townships to pay for it.  A potential problem is, that in the future, Braden Boulevard may extend north and take a left over to Church Lane.  Another issue is future development to the north.

There was also discussion of the improvements made by JG Petrucci for the Fort James III industrial park.  They include extending the sewer line across the road to the Ackerman rental building on lot 2 (the old dairy store now occupied by a tenant - who, the PC was told, may want to purchase the building) and grass planting and railroad tie curbing.

Hay offered that a road is never paved to the edge of a right-of-way - usually only up to 10 feet of it.  An acceptable compromise was achieved with the word "covenant" - it will run with the land and be noted on the plan along with a 40 foot right-of-way that jogs appropriately around existing buildings and that covenant will apply to all three of the lots.  It will used if any of the lots are developed - in the future.

As to the on-lot septic, the BoS was informed that the developer has agreed to hook up the two buildings on lot 2 because the septic system will be only inches from the road. 

The BoS voted 4:0 to grant conditional approval, subject to Keystone's letter of 10/3/08 (less comments #3 and #4), of the Fancy Furrow minor subdivision with the covenant that the Township has the right to acquire the 40 foot (from the road center) right-of-way (with the jogs around the buildings).  The covenant shall be subject to the approval of the Township Solicitor. 

Sullivan Trail Business Park, Lot 5B Daycare Center – developer’s agreement (Karl Kline, Solicitor) - Kline recounted the approval of the splitting of lot 5 into two lots, lot 5A and lot 5B (ref. the April 3rd BoS meeting notes).  The day care center developer requires an indemnification agreement so that dirt can be moved.  There is no letter of credit yet so no building permit can be issued.  The certificate of insurance, the escrow account money, and the indemnification agreement "signed by our good friend Mr. Goffredo" have been received.  The vote was 4:0 to accept the developer's agreement.  

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.

Kings Mill Zoning Hearing - Round 23 - August 4 at 7:30 PM – Will it be the last?

August 2006 is when the KMRD challenge hearing began - and what a long hearing it has been.  With the August 4th session, the end will be in sight.  In fact, it may even be "the end."  It is only fitting that the hearing ends in August - 24 months later! 

The KMRD challenge alleges that the Farmland Protection (FP) zoning regulations are "arbitrary, unreasonable and unconstitutional" and that the Township fails to allow enough space for mobile home parks and multi-family dwellings.  The pressure on our town has been constant - for two full years.  And, as promised in 2006, Forks has not caved.

What to expect at Monday's session:

• Additional cross-examination of the Township's final witness by the appellant attorney.
• Testimony from an as yet unidentified rebuttal witness.
• Cross-examination of that unidentified witness by the Township's attorney.

What may also occur:

• Summary arguments by both sides.
• A vote by the Zoning Hearing Board.

Unknown: 

• If another session will be needed before the Zoning Hearing Board renders its decision.
• If your opinions will be heard.

If you want to watch the hearing wrap up, plan to attend Round 23 this Monday, August 4th - 7:30 PM - in the Municipal Building meeting room.  You may not get another chance!

BoS Meeting 5/15/08

Regular Meeting (agenda)

The small agenda did not insure a short BoS meeting as a good deal of time was spent discussing the Comprehensive Plan process.  For more, see Madeleine Mathias' article from the May 16, 2008 edition of the Morning Call.

Public Comments (non-agenda) - There were no comments from the public re. non-agenda items.  (Note:  This section has been moved to the beginning of the meeting - after the approval of the previous meeting's minutes.)

Supervisor Remarks

Supervisor Chuss raised two questions/issues: 

1. He asked what the disposition of the new policy re. contact with the solicitor and engineer was.  He was reminded by Nicholas that the policy passed at a previous meeting.  (See BoS meeting notes from 4/3/08.)
2. He asked that meeting agendas (if available) and confirmations/cancellations of committee meetings be sent via email to all Board members a few days before meetings.  Supervisor Egolf said that he already sends them to those attending and will copy the Board.  Chairman Howell said of the Parks & Recreation Committee agenda that it is a "comprehensive" one that includes all the items that the committee is considering.  At meetings different items are emphasized.  He will forward the agenda to the Board when he sends the meeting minutes. 

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 $7,875,858.

(Resident) Sandy Hanks asked what the transfer of funds to the Recreation Land Acquisition Fund is?  Finance Manager Farley explained that it is monies for the cost of materials and supplies for the Gollub Park project.  Howell wondered why the $1 million from the Real Estate Fund wasn't questioned by anyone.  Farley explained that it was simply a check cut from the real estate tax receipts fund for deposit to the General Fund.  The monies were collected in April and a transfer is not done, a check is actually written.

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

• Public Safety - Supervisor Chuss - noted that the May meeting was canceled and that the next will be on June 3rd.  He reported that the police department is getting the furniture plans together and that the discussion about the fire training facility foundation is underway.
• Public Works - Supervisor Miller - said that there has been no meeting so there is no report.  
• Parks & Recreation - Supervisor Howell - reported that the committee met last Thursday and is continuing to explore park equipment - whether to restore or buy new.  The committee is preparing to report to the Board on a mini/neighborhood park concept where smaller recreation equipment would be located in some Township neighborhoods.  It would take some pressure off of the central park.  The committee will send a request for recommendations to the Recreation Board.  This committee meets twice a month.
• Community Relations - Supervisor Nicholas - said that the next meeting is scheduled for June 9th at 6 PM.  She reported that the rough draft of the next Forks Quarterly is ready.  Township Manager Schnaedter said that he expects a proof in a few days and will distribute it to the Board. 
• Finance and Administration - Supervisor Egolf - reported that the committee met on May 14th and that the new server is being installed.  The installation will take approximately two weeks and when up and running, should help greatly with email and with the document management system.  The committee is looking at the best ways to manage documents that are received daily.  Egolf said that they attended a document management conference on Tuesday and that Farley will attend a one day workshop (on the document management system).  The committee meets twice a month and the next meeting is set for May 28th.

Township Manager's Report - Schnaedter - said that he received a letter from the Bushkill Stream Conservancy requesting permission to put in a wildflower meadow at Lion's Park.  Howell said that when he read the letter from Mrs. Merwarth, President of the Bushkill Stream Conservancy, he asked Miller and DPW Director Mark Roberts to check out the area being considered.  Miller said that both he and Roberts have done that.  The area is already staked out and is not an area that cars use.  He said the wildflower meadow will look nice and is a good addition to what's along the creek.  Roberts added that Ed (Kleppinger - Parks Crew Chief) looked the area over as well and foresees no maintenance issues with it.  Howell asked if this will affect the Eagle Scouts' project.  Roberts said he will meet with the aspiring Eagle Scouts tomorrow (Friday, 5/16). 

Nicholas asked about access to the creek for fisherman (and others) and was told that it won't be impeded.

Egolf made a motion (seconded by Chuss) to approve the meadow in Lion's Park and to authorize the preparation of the area (and to include the Boy Scouts.)  The vote was unanimous.

Schnaedter also reported that the minutes of the meeting with PennDOT and various municipal officials about the Stockertown bridge are included in the Supervisors' packets.  Howell asked what Stockertown's point of view is regarding the bridge.  Schnaedter said that Stockertown Borough Council voted against replacing the vehicle bridge but would like a pedestrian bridge that is coordinated with the area recreation trails.  Howell asked the Board if it was interested in pursuing Chuss' request from the last meeting about a letter to Stockertown.

Chuss said that Schnaedter spoke with Mr. Fatzinger (Stockertown Council member) and Fatzinger was adamant about "no bridge."  Chuss said that he thought that comments by Forks' Supervisors should be passed on as the bridge would help to alleviate traffic on Sullivan & Uhler, Bushkill & Uhler, and Church Lane & Sullivan Trail. 

Chuss made a motion to send a letter to the Borough of Stockertown expressing Forks' support of the bridge.  Miller seconded the motion.  In discussion, Nicholas said that although she would like to see the bridge, she felt that it was not the Board's place to tell Stockertown what to do.  She said it would be akin to Stockertown telling Forks not to allow a business in its industrial park because it would create more traffic in Stockertown. 

Howell said that the minutes were of meeting with PennDOT and in considering etiquette, he thought that perhaps the letter should be sent to PennDOT since they were the ones interested in input and Forks was not invited. Howell said that he understood Nicholas' comments and that telling Stockertown that "we want the bridge for our selfish reasons and they don't want the bridge for theirs" can have unintended consequences.

Chuss amended his motion to send the letter to PennDOT.  It passed 4:1 with Howell casting the nay vote.

Schnaedter also reported that he met with Solicitor Kline and is gathering sample ordinances and policies from area municipalities regarding obstructions in right-of-ways.  He will report further at the next meeting. 

Engineer's Report - reported that the specifications for the Community Center HVAC were complete and he asked permission to go out for bid.  The system is for both buildings.  Nicholas asked that the specs be emailed to her.  Miller made the motion and Egolf seconded.  The procedure is that the specs will be advertised and then there will be a pre-bid meeting, then a bid opening, and the bids will be checked by staff for bonding, compliance, etc.  The contract will likely be awarded at the the second BoS meeting in June.  Nicholas also asked that copies of the contract be provided to the Board.  The vote was unanimous.  (The Community Center air conditioning will be working this summer.)

Solicitor's Report - Kline - reported the following:

1. He reviewed Forks' ordinances for one dealing with on-sidewalk basketball hoops.  Schnaedter is reviewing the issue with other municipalities.  If there are continuing problems, residents should call the police department and they will handle the complaints as appropriate.
2. The KMRD Procedural Challenge 24 page Zoning Hearing Board (ZHB) decision (large file) has been received.  The ZHB rejected the challenge by KMRD and upheld the procedural validity of the Township Zoning Ordinance.  KMRD had hoped to invalidate all zoning ordinances back to 1983 so that they could proceed with their land plans for the FP (Farmland Protection district) under the old rules.  KMRD has 30 days from receipt of the written decision to file an appeal with the Northampton County Court of Common Pleas. 
3. The KMRD Substantive Challenge hearings are continuing.  The Township's testimony has been concluded (on 5/14/08).  The last witness, Charles Schmehl of Urban Research and Development (URDC), the Township's expert, will be cross-examined at the next hearing on June 16th.  Kline said that KMRD will probably have a rebuttal witness as well.  There should only be two or three more hearings.
4. The Kings Farm land development plan (the by-right plan, filed under the 2001 zoning ordinance - with 2 acre lots - that was rejected by the BoS because the developer did not perform the soil and perc tests - the developer's failure to proceed) appeal was rejected by the Northampton County Court of Common Pleas.  The time to appeal that decision has passed and the developer did not appeal.  This one is over.
5. Playground equipment purchased under COSTARS, the State negotiated price program, can be negotiated down in price.  The COSTARS numbers are the capped (top) price.  In that spirit, Kline negotiated $1000 out of the installation price.  The total price for the equipment plus installation is now $55,688.  Kline recommended that the Board sign the contract at the reduced price.  A new motion was made at the revised price.  It passed unanimously.

UNFINISHED BUSINESS

Sullivan Trail Business Park (Karl Kline, Solicitor) - Kline explained that this has been on the books for years and that there has been a great deal of difficulty getting the developer (Goffredo) to complete the improvements.  The plan was approved in August 2001 and the subdivision improvement agreement was executed in August 2002.  Five years later, with most of the lots sold (exceptions are the Weis site and lots 5A & 5B), many of the required improvements are not complete.

Goffredo was to have completed all of the improvements within two years of the issuance of the first building permit.   The first was issued in October 2005 and all the municipal improvements were to be completed no later than last October.  Kline said that he has written to the developer and he and Hay have met with him and with his legal council and there is still no indication that the work will be completed.

The regional detention pond on the Merchants Bank property is not fixed.  The bank is extremely displeased and upset with the developer.  Because there is no low-flow drain in it, it has become a marsh - complete with cattails.

Kline recommended that the BoS draw on the line of credit.  This action will notify the bank that the developer is in default and that they are to immediately give Forks the $179,886.74 balance.  This means that the Township will undertake the improvements and the amount becomes a debt of the developer.  The letter of credit expires May 24th.

Nicholas asked if this was work that the Township DPW can do or if it will have to go out for bids.  Hay replied that bids will be needed. 

(Resident) Sandy Hanks asked who is responsible if the work costs more than the letter of credit balance?  Kline replied that it is the developer's responsibility and that under the MPC (Municipal Planning Code), the Township is responsible to see that the work gets done.  Kline offered that the Township can sue the developer for the difference or there may be opportunities to work out arrangements with some of the other builders coming in to the business park.  Kline thought it premature to decide to sue the developer.

The work to be done includes the wearing course on the business park roads, a job that will be not be done until after the Weis site (and other) construction is completed. 

Nicholas made a motion, seconded by Miller, to draw on the letter of credit.  In discussion, Egolf said that he saw that trees were being planted along the perimeter of the site.  Hay said that developers commonly do the easy things and that he saw that couple of light poles were in also.  The vote was 5:0.

NEW BUSINESS

Fort James III Subdivision (Karl Kline, Solicitor) - Kline reported that the developers agreements are in place and that a letter of credit for the entire site has been received - in the amount of $3,258,299.15.  Two major land developments are in process, Weyerhaeuser Industries and Henningsen Cold Storage.  The subdivision was approved in a 5:0 vote. 

Comprehensive Plan Update (Karl Kline, Solicitor) - Kline briefed the Supervisors about the decision by the Planning Commission (PC) last week to pass the draft Comprehensive Plan (in its current state) to them.  He said that the PC was hard at work for many months on the Comprehensive Plan and that many volunteers worked on it also.  Reports were submitted to the PC.  The Comprehensive Plan was put together in draft form by the PC and Charlie Schmehl (of URDC). 

Kline added that he believed Schmehl was planning to add the charts and maps before sending it to the Board.  It will be emailed to the Township.  And, Kline thought that the Board should discuss and write out what the process for going forward with the Comprehensive Plan will be.  Although, he offered that without anything in front of them, it may be difficult to make a decision tonight.

Howell asked Zoning Officer Tim Weis to provide a hard copy for each of the Supervisors.  Weis said that he will advise the Board when he's received it so that they can make a decision about putting it on the agenda.

Kline enumerated the steps that must happen before the plan's adoption:

1. The Board must be satisfied with the condition of the document.
2. The plan must be sent to the Lehigh Valley Planning Commission (LVPC), the EASD, and neighboring municipalities for comment.
3. There must be a public hearing before the Board of Supervisors.

Kline said that Board must decide what the procedure will be for editorial or substantive changes - should the Board wish to make any. 

Howell said that he would like the Board to make some sort of timetable for the review at the next meeting. 

Chuss said that the MPC has guidelines and that the Board should make a decision at its next meeting to send the plan on the LVPC and to the surrounding municipalities.  He said that the PC target date was March and that a complete review of the plan will result in unnecessary delay.  Chuss said that PC has gone to great lengths to solicit public input and BoS comments.  Further delay may mean looking at issues again.

Egolf said that he understands Chuss' concerns.  It has been a long process and reflects a lot of hard work from many people. 

Howell agreed that there were lots of opportunities for comment throughout the process.  There were comments made by the Supervisors and by the public but he said that he is not sure how they were compiled or listed since the minutes he's reviewed do not reference them.  Howell said that he's attended 80% of the workshop meetings and that comments were taken but he's not sure what happened to them.

Egolf said that this is exactly how he feels but that he is optimistic and "will take the whole thing on good faith."  He said that significant revisions were asked for and if they are included, he thinks it will be a "green light."  But, he said, he must see the draft before he will agree to pass it on to neighboring municipalities, the LVPC, etc.

Nicholas addressed Kline and said that she was at the workshop meeting when the motion to establish an ad hoc committee to review comments was passed.  Then she got the email from Dean (Turner - PC Chairman) stating that the PC was sending the plan to the Board as is.  She thought that this would be like her saying that she wants to do a vote over on something from last year.  Nicholas asked Kline if it was proper and Kline said that the PC has a right to do it. He added that "there are numerous instances where a governing body chooses to reconsider an action that it took before." 

Nicholas said that her understanding then is that the comments made at that workshop will (now) not be included.  Kline said that at that meeting there were editorial comments made by the public as well as comments of a substantive nature.  He added, "The PC was not interested in proceeding with the substantive changes and that only editorial changes needed to be made."  And, he suggested that if the Board wants those comments included it will have to decide on the process to include them. 

Chuss said that that was not his understanding and that any changes the PC agreed to would be incorporated by Schmehl into the document that would be sent to the Board. 

Kline said that the PC voted to pass it on in whatever condition it is.  However in an email from Schmehl to Kline and the Board, Schmehl said that he wanted to "issue a new draft to incorporate editorial improvements, updated mapping, photos, and some items raised at the last meeting and to incorporate the changes memo that was distributed at the April Planning Commission workshop."  Kline said that some of the comments may be in the draft that Schmehl sends - but until the Board gets it, it won't know.

Chuss said that he requested that Schmehl place bookmarks at all the changes so that a full review will be unnecessary.  He offered that if there are any significant issues they can be discussed - although he can't imagine what those significant issues could be that have not already been discussed.  He said again that the Board "should be prepared at the next meeting to forward it on to the LVPC and other communities so that we (the Board) can be sure that the Comprehensive Plan meets the needs of the Township."  Chuss added that the LVPC review can take up to 45 days which would put the public hearing sometime in August and that this (moving it forward) is one of the ways to "expedite the process."

Egolf said that the bottom line is that until the Board sees the draft it won't know what has been done.  He offered again that he will remain optimistic that it's all included.

Chuss agreed that he, too, is optimistic and said that he trusts Mr. Schmehl a lot.  He praised how receptive Schmehl has been to any comments and that he was always accommodating.

Weis said that he is sure they will have it before the next meeting so it should be placed on the agenda for discussion "one way or the other."

Nicholas said that she thinks that it is a very important document - considering the lawsuits against the Township.  She added that the Board really needs to be cautious and certain that this (document) is what the Board wants.

Howell said, "There were substantive comments made throughout the entire process... at meetings that Charles (Schmehl) was not present."   Howell said that he doesn't know what the process was to collect the comments.  He said that he is not concerned about the timing because "the process is the process."  He reiterated Nicholas' sentiment, that the Comprehensive Plan is a guide for the Board.  And, he added, that it is a guide that will be supported by changes in the Zoning Ordinance.

Howell said that he will be looking at how the Zoning Ordinance and the Comprehensive Plan agree on what the Township sees for the FP.  He will also look at comments he's made regarding "vision" and about the refining of the Plan. 

Howell said that the URDC/Schmehl proposal is a rather substantial document and is about 50 pages long.  Yet the Planners' comments are that they are just "fine tuning and tweaking" (the 1997 Comprehensive Plan.)  Howell added that in the first few sentences of the document (the draft Comprehensive Plan) it says the duration of the Plan is 15 years.  He would agree that tweaking and fine tuning would be fine if nothing had happened in the Township since 1997.  However, since a lot has happened in the Township since 1997, Schmehl's proposal was right on target.  Howell added that Schmehl has done a credible job and the document complies with the statute and the design desired by the LVPC.  He just wants to be certain that the content is what the Board wants.

Howell related that in the mid-nineties, Supervisor Hoff complained that the Township was not getting its share of commercial and residential development.  To remedy that the Board lowered impact fees... and got growth.  Howell said, speaking for himself, he wants to be sure the Comprehensive Plan prepares the Township for the next 15 years.  And, he added, that if the Board, after review, has any substantive changes, that the changes are considered and not just forgotten.  Howell said that he will have substantive changes.

Chuss said that throughout the process there has been opportunity to provide input from both the Supervisors and the public.  Chuss said that he finds it "a little bit troubling to stop now and begin changing what has already been developed through meeting after meeting."  The opportunities, he said, for public input were more than ample.  He said these changes are coming in not at the 11th hour, not at 11:59, but at 12:15.  Chuss added that this delay is unnecessary and that "the Plan will never be perfect because as long as it's being worked on, the Township - the State - the world is changing."

Howell said that 15 years is written in the Plan and when he asked a few planners if they knew that, they did not.  He said that he brought up early on about vision sessions and never heard a conversation about one in public.  Howell said that he took Vito (Planner Tamborrino) at his word at the last (PC) meeting, when he said, "We are going to send it to the Board as is because we know we're going to get it back."  Howell said that no one is talking about a re-write and that suggestion of one is a "conjured up idea." 

Nicholas said that she doesn't think the plan should be for 15 years and that that should be taken out.  She remarked that a lot has happened since 1997 and that there's no way to know what will happen in the next five years.

Sandra Hanks asked if the Board can make changes or if it's only a PC function?  The answer was "yes" that the Board can make comments/suggestions. 

Chuss said that there were joint PC/BoS meetings in January, February and March specifically to address issues.  He added that the 15 years in the Plan is the maximum length and there is nothing preventing it from being changed next year.  Chuss reiterated that it's simply a guide and that ordinances are based on it.  He added that there is "an underlying vision in the plan and it is the vision of the residents who participated."

Howell offered that they must understand that "the process is what it is... it takes as long as it takes."  He asked Weis to post the new draft Comprehensive Plan on the Township website so that the public can see it.  The process is transparent.

Executive Session - The session was held to discuss several personnel matters.  No action was taken during the session but afterwards, in a 5:0 vote, the Board promoted Robin Featherman to the new position of Senior Crew Chief at a rate of $22.00/hr.  The rate for a Crew Chief is $20.96/hr.  Featherman will be second under DPW Director Mark Roberts.

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 4/17/08

Regular Meeting (agenda)

On this night the Supervisors voted to sign the lease with Lafayette College for the springhouse on Bushkill Drive and to sublease it to the Forks Historical Society.  They also awarded the emergency services training facility (fire tower) contract to WHP Training Towers. - Read more about the training tower in JD Malone's 4/18/08 Express Times article. 

Supervisors' Comments

Supervisor Egolf reminded those present that on Tuesday, April 22nd, the Planning Commission will go over the new Comprehensive Plan - at its 7 PM workshop.  He said that it is important for all interested parties to be there.

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors meeting. The debits and transfers were approved with a 4:0 vote - Nicholas abstained because she had questions on some of the bills and was unable to ask about them before the meeting.  The current outstanding debt is $7,892.258.

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

• Public Safety - Supervisor Chuss - reported that the April 15 meeting was initially scheduled "to go over" the emergency services training tower plans.  They did that as well as address a full agenda including:
  • The Police Department modular furniture bid came in well below initial estimates at $18,396.  A motion was made by Chuss and seconded by Nicholas to purchase the furniture.  The vote was unanimous.
  • The communications issue was addressed with a repeater installed on Montana Mountain in NJ - to help cover some of the "dead spots" in Forks.  Chuss said that it has helped somewhat and is still being tested.  If the problems are not solved, other options will be explored.
  • Thermostats were installed in the police department building to address the HVAC issue there.
  • Chief Dorney is looking into the development of a Township anti-speeding program. There should be an update at the next committee meeting.
  • In an update on Forks EMS:  The directors met last week and discussed reverse billing (where Suburban would do all the billing and pay Forks EMS what they are owed).  They decided against it.  They have made a payment to Suburban $10,050 and are addressing the rest of the past debt (working out payments).  They are paying current  obligations to Suburban.  Also, Chuss reported that the squad's open house went well.
• Public Works - Supervisor Miller - said that the topic of discussion at last week's meeting was a new public works garage.  They are starting to look for a site for it.  Also discussed was Maloney recreation land, Newlins/Sullivan drainage, Lieb Road drainage and Ben Jon Road.  
• Parks & Recreation - Supervisor Howell - reported that the committee's extra monthly meeting was held last week.  They are reviewing the capital requirements for the community park.  Discussed were:
  • Replacement of the main apparatus with a new one chosen by the Recreation Board.
  • Addition of a toddler lot.
  • Neighborhood parks - the committee selected a number of neighborhood parks and a memo will be sent to Miller, the liaison to the Recreation Board, for the selection of apparatus compatible with the parks.
  • Cost estimates of all will be submitted to the Supervisors for consideration.
• Community Relations - Supervisor Nicholas - said that the next meeting will be on Tuesday, May 6th.  The last meeting was canceled.  She reported, too, that she is pleased that two citizens have volunteered to assist the Community Relations Committee.  (Note:  She did not name the volunteers.)
• Finance and Administration - Supervisor Egolf - reported that there is only one committee meeting in April and that will be on April 23rd at 5 PM.  On the agenda is a review of the comprehensive financial report of the 2007 budget prepared by Finance Manager Farley.

Township Manager's Report - Schnaedter - reported that Lafayette College is holding a Master Plan Seminar on Monday, April 21st from 3-4 PM.  Because Lafayette has facilities in Forks, the members of the BoS have been invited.  And, because seating is limited, those wishing to attend, must advise Schnaedter.  Chairman Howell was the only one who said he would be there. 

Schnaedter also said that he and (Zoning Officer) Tim Weis were visited by a representative from the Hazard Mitigation/Disaster Recovery office (note:  Northampton County's Emergency Management Division).  They were advised of a "severe repetitive loss program."  There are seven eligible residents in Forks and letters have been sent to them.  Contact Tim Weis or Angel Gillette, Hazard Mitigation/Recovery Manager with any questions.

Palmer Township has asked for a letter of support from the Township for their Rails-to-Trails grant request for the one mile of unfinished recreation path through Forks Township.  Egolf made a motion to write the letter of support.  Miller seconded.  In discussion Chuss said that he recalled that about two years ago Forks residents (of the area adjacent to the path) came to a PC meeting and described the problems they were having with trail users intruding upon their privacy and their property.  They asked for help from the PC to get buffers or fencing between the path and their properties.  Chuss suggested adding a caveat (to the letter of support) for Palmer to set a buffer between the path and the residents who live there.

Nicholas said if that is added to the letter, Forks would be telling Palmer what to do with "their piece of property."  She also said that a split rail fence has been installed and that she has walked there and there's never been a problem.  Hay said that a buffer is not feasible there because the path is too narrow and it is in a flood plain. 

Howell suggested that a letter of concern be sent from Forks' Township Manager to Palmer's Township Manager.  The motion was amended.  Two letters will be sent.  One in support of the bikepath connection and one expressing the concerns of the Forks residents.  Schnaedter asked if he could copy the second letter to the residents of the Friendly Tavern area.  The vote was 5:0.  (For a brief history of this issue, see BoS Meeting 3/17/2005 and BoS Meeting 4/19/2007.)

Schnaedter announced, too, that the recent Workman's Comp insurance audit resulted in a $7,949 premium reduction and a premium reduction for health insurance netted the Township a check for $79,684.  Also, a DPW employee was hired to fill a vacancy - "after extensive review of over 100 candidates."

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - gave an update on the following recent litigations:

1. Weis Market - the challengers have withdrawn their appeal.  Weis' attorney said that the company is looking forward to moving forward quickly.
2. KMRD procedural challenge - was denied by the Zoning Hearing Board (ZHB) on March 24th.  The Township is waiting for the written ruling from the ZHB.
3. KMRD substantive challenge - should be wrapping up in the next month or so.  The next session is scheduled for Monday, April 21st.
4. Strausser billing dispute - is in arbitration.  On April 17, Schnaedter, Hay, Farley, and Kline "did battle with Mr. Strausser" -  before an arbitrator.  Kline expects one more hearing before the arbitrator's decision.  The Township records show that Strausser owes $93,000 (to the Township.)  Strausser's records are "quite, quite, quite different."  In fact, Strausser thought the Township owed him money. 

Kline explained that the monies owed are for services provided that would be unnecessary if a developer was not doing a project.  When a developer proceeds with a project, he needs certain legal documents drafted - the subdivision improvement agreements, the maintenance agreements, etc. - and the Township should not have to pay for them since, if there were no project, there would be no need for the agreements and no need for the Township engineer to inspect and verify that things are being properly done.  The project (Riverview) started in 2001 and over the years, bills were disputed over and over again.  The $93,000 is the amount owed per the Township's records.

UNFINISHED BUSINESS

Emergency Services Training Facility (Bryan Weis, Fire Chief) - Weis said that four bids were received for the facility.  Three were comparable in price and the fourth was much higher.  Three of the bids were from one bidder using different contractors.  Only one bid, the second lowest, offered the turnkey solution that was sought and met all the bid specifications.  That bidder is WHP Training Towers at $343,518.

In discussion, Howell asked how many Township emergency units will use the facility.  Weis said that although it will be optimized for fire training, the police can use it for tactical training and the emergency squad can use it for rescue training. 

Farley said that the bid price is close to expectations and that the Township will pay up front from the capital funds it has in place (for the fire department.)  He said that it is cheaper to do it this way since the money is there.  Interest payments will be avoided and all that will be lost is the small amount of interest that the Township would have earned on the funds. 

The Fire Company will make an initial payment of $21,759 and will replenish the fund for 1/2 the total cost over a ten year period with a donation of $15,000 per year.  The facility will be owned by the Township and half paid for by the Fire Company.  According to Chuss, the facility should last 20-35 years.

Nicholas said that when she asked to see a contract at the Public Safety meeting, she was told that there wasn't one submitted.  However, Kline said that a contract was included in the bid package. 

Nicholas noted that the BoS has never seen a financial report from the Fire Company.  She added that the Board asks for one from the Forks EMS squad. 

The motion to award the bid to WHP was made by Chuss and seconded by Egolf.  The vote was 4:1 with Nicholas voting nay because she had not had an opportunity to review the contract. 

Another motion was made, this time to authorize Kline to draft an agreement with the Fire Company for their "donations" back to the Township.  It passed 5:0.

For more details, please see JD Malone's 4/18/08 Express Times article. 

NEW BUSINESS

Penn's Ridge - Phases 13 & 14 - Developers Agreements (Karl Kline, Solicitor) - Kline reported that the insurance is executed, the escrow is paid, and the letter of credit is funded.  In other words, all is in order.  This was approved unanimously by the Board.

Lafayette College Spring House Lease and Sublease (Karl Kline, Solicitor) - Kline said that he was "delighted" to report that after a year of working with the college, an agreement for a lease and sublease was reached for the springhouse - the possibly more than 200 year old stone structure (along the Bushkill Creek near the Tatamy border) - and the land approximately 100 feet to the north of it and 100 feet to its south (and from the creek to the road).  The lease is for 10 years and will cost Forks $100 per year.  The Township is also required to provide liability insurance to the college.

In turn, the Township will lease it to the Forks Historical Society for $1 per year.  The Historical Society has received a grant from the State to work on it.  They hope to  open it for public tours when it is ready.

The Board had previously approved the lease from Lafayette and only had to vote on the sublease.  Miller made the motion and it was seconded by Nicholas.  It was approved unanimously.  Nicholas said that she knows some Eagle Scouts who need a project and that they could help the Historical Society to clean it up. 

Forks Historical Society member (and former Forks Supervisor) Morris Metz, said that he made the initial approach to Jim Dicker at the college - for a lease.  Mr. Metz thanked the Board for their "diligence and persistence in pursuing this to completion." He also expressed thanks to Lafayette College for "this partnering" and said that at first they wondered why the Historical Society would want to be involved in a building with no heat, no electric, no water... The exact reasons the group wanted it!  The building dates back to the 1700's and is a part of Forks' history.  Mr. Metz concluded with, "Thank you.  Thank you.  Thank you for all you've done to consummate this deal.  Thank you."

Conventional Loan for Public Works Capital Equipment (Jim Farley, Finance Manager) - Howell explained that Forks has "undertaken a significant capital purchase of public works equipment."  Farley said that in the fall of 2007, during budget discussions, the BoS approved a tentative loan in the amount of $1 million with a term not to exceed 10 years.  This is for the replacement of capital equipment.  The equipment has a life span of 15-25 years. 

Financing ideas were discussed at the 3/17/2008 BoS meeting.  Farley now recommends a loan with a straight line even payment - which will "help keep taxes as a stable level." - High repair costs are a factor in the equipment replacement.

The steps to be followed are that the loan go out to bid, that the successful bidder be determined and the bid awarded, that an ordinance be written, and finally that State approval is solicited from the DCED (Department of Community and Economic Development). 

Nicholas asked how long the process will take and if the DPW will have to wait until next year to get the equipment?  Farley said that with Internet technology, the process will be quick and it's likely that there will be 75-100 bidders.  He will notify local banks as well.  The process could take 1-1 1/2 months.  The delivery time for the equipment is six months to one year.  The new paver will have the quickest lead time.

Kline explained that steps have to be followed and one step cannot be done until the prior step is complete.  He said that the Local Government Unit Debt Act was adopted to keep municipalities from getting into trouble.  The act requires State approval for loans.  It requires that an ordinance be adopted that includes the note and terms.  The Department of Community & Economic Development (DCED) must give its seal of approval.  He thought that it will probably be five months until until the approval from the State is received.

Egolf motioned for approval to put the loan out to bid.  Nicholas seconded.  The vote was 5:0.

For more, please see JD Malone's 4/18/08 Express Times article.  Malone has all the particulars about what is to be purchased. 

Resolution #080414-1 Acceptance of Streets in Shawnee Ridge II (Karl Kline, Solicitor) - Kline said that this development is complete and that Keystone Engineering has inspected the roads.  Upon acceptance the Township will be responsible to maintain the roads - Iroquois Drive, Mohican Drive, Seneca Lane, and Old Mill Road (section C).  The roads will be submitted to the State to qualify for "liquid fuels" credit. 

There was discussion about which stop signs will stay and which will go.  Hay said that the stop sign on Indian Trail (at Old Mill) will remain.  Signs stating that "opposing traffic does not stop" are ready to install. 

The Parks & Recreation committee will address signage for the recreation trail there as well as other trails in the Township.

Egolf made the motion to accept the streets and it was seconded by Nicholas.  The vote was 5:0. 

Kline said that changes to Township signs should be included in the ordinances - to make violations enforceable.  Chief Dorney has a list which will be reviewed at the next Public Safety meeting.  Howell asked that the committee look at parking on Old Sullivan Trail near the YMCA daycare entrance through to the Richmond intersection.  The road narrows there and people are not using the available parking in the lot.

The list will be submitted to the Board after committee review and the ordinance will be authorized at that time.

Municipal Complex CCTV System Upgrades (Rick Schnaedter, Township Manager) - Schnaedter said that the Board has a thick document for their review - of suggested wishes and improvements, of the police, fire, and parks departments, to the CCTV system.  It was 1-1/2 years in the making.  Schnaedter said that the document needs a bond and insurance requirements in order to go out for bids.  Nicholas motioned that the BoS have a workshop/walking tour before the next meeting.  The motion was seconded by Egolf.  The walking tour/workshop is scheduled for 6:30 PM on May 1st.

Executive Session - Personnel Matters - The session concluded with two actions by the Board: 

1. A Senior Crew Chief position was created in the Department of Public Works.
2. A pay adjustment was given to the animal control officer.

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 4/3/08

Regular Meeting (agenda)

The Supervisors devoted over an hour to hearing the Forks EMS and Suburban EMS discussion of how much is owed to Suburban and the plan the two groups may work out to make it right.  Please read the EMS articles by JD Malone (Express Times) and Madeleine Mathias (Morning Call) and, for notes on the rest of the meeting, see below.

Supervisors' Comments

Supervisor Chuss gave an update on the Comprehensive Plan progress.  He said that the Planning Commission (PC) will review the input from the public hearing, including the Ramblewood extension, at their workshop on April 22.  After the PC review, the plan will be sent to the Lehigh Valley Planning Commission for review and comment and that it will likely be before the Board of Supervisors (BoS) in May. 

Chuss noted that the Comp Plan mentions using the Real Estate Transfer Tax (RETT) to fund farmland preservation.  He suggested that it be put on the ballot in November.  He said that if the BoS agrees, the PC can address the issue and Kline can be asked to develop the steps necessary to get it on the ballot.  Planner Georgeann Wambold said that it is important and that most of those at the PC hearing thought it (the RETT) a good idea.  Chuss offered that another alternative, a 1/4% addition to the Earned Income Tax (EIT), is not a good thing to do in view of the tax pressures on residents. 

Planner David Billings said that (increasing the RETT to fund open space) is not a PC issue.  He recommended that the BoS pass a resolution this night or at least have Kline advise them on what to do.  Supervisor Howell suggested that it be given to the Finance and Administration standing committee for review so that they can iron down the best way to do it, settle on a rate, get advice from Kline on matters that might be part of the enactment, and make a recommendation to the BoS. 

Supervisor Egolf said that the next committee meeting is set for April 23 and he wondered about the time constraints.  Billings said that the Board of Elections told him that the Township has until three weeks before the (November) election to get it on the ballot.  Billings also said that the maximums allowed by law are .25% for the RETT, .25% for the EIT, and 2 mils for the Real Estate Tax.

Chuss noted that he wants it to go back to the PC because it is in the overall plan.  Howell said that it is a tax and not a planning issue.  Howell added that the PC can be advised that it's in committee and that they can join in their discussion.  And, as a tax, the BoS can probably "fast-track" it. 

Solicitor Kline noted that there are several kinds of taxes that can be used, the RETT, millage, and the EIT and that each have different impacts.  He said that this is a policy issue and someone has to decide which is the appropriate tax.  Howell said that after the BoS decides, a public workshop can be held by the PC or the Finance & Administration committee.

Township Manager Schnaedter suggested that if it goes first to the Finance & Administration committee, staff will have time to do research and project revenues for each of the options. Supervisor Nicholas said that she would like (Finance Manager) Jim (Farley) to look into it. 

The motion "to have the Finance & Administration committee investigate and draft a referendum for the November election that would look into developing a farmland preservation fund using RETT (for an example)" was initiated by Chuss and seconded by Egolf.  It passed 5:0.

Treasurer's Report - Egolf detailed the debits (cash paid out) since the last Supervisors meeting. The debits and transfers were approved with a 5:0 vote. Current outstanding debt is $7,893,692.

Chuss asked about the Traffic Study expense item ($45,782) and was told by Schnaedter that this was an ongoing traffic study that is now completed.  Chuss asked if there would be a new report in the future and Schnaedter said that there would be one.

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

• Public Safety - Supervisor Chuss - reported:
  • The Police Department (PD) has received plans/prices for the modular furniture.  He said that the furniture will cost $18,000 and that there is $45,000 in the budget.  Schnaedter and the police department will prepare a report for the BoS.
  • The county installed repeater has offered some improvement for the communications issue but the issue may have to be revisited if the improvement is not sufficient.
  • Four bids were received for the  Fire Department training tower.  Three of the bids are under $350,000.  At the April 15 committee meeting (5 PM) the preferred bidder will be selected.
  • Richard Bassett (Forks' Emergency Management Coordinator) is reviewing Forks plan/procedures and will have a new draft in May.  He will keep them in sync with the new plan being drafted by Northampton County.
  • A RFP (Request for Purchase) - for analysis of cameras & CCTV for the entire complex to see which need to be moved/relocated and which need to be replaced - needs some language from Kline.  Resident Jim Wideman asked, "Who will pay for the new cameras?"  Howell explained that the analysis is of the entire municipal campus and it will suggest reallocation and/or additional equipment.  Nicholas suggested a BoS tour to see how the cameras work and what areas are covered.
• Public Works - Supervisor Miller - said that the next meeting is next Tuesday.
• Parks & Recreation - Supervisor Howell - reported that the committee's agenda is getting significant and that one meeting per month is not enough.  A second meeting will be held on the second Thursday at 4 PM (in addition to the regular meeting on the fourth Thursday at 4 PM).  Among the significant items being discussed are:
  • The access road at Gollub Park - construction is underway despite the rain and mud delays.  The path has been "etched in the forest."  Park use has been prohibited until the major foundation of the road is in place.  The crews will work on it until it is finished and there will be additional landscaping (and amenities such as benches) at the entrance. 
  • Miller and (DPW Manager) Roberts are conducting a survey of all parks and parks equipment - including toddler lots.
  • Up for future discussion are:
    • Satellite neighborhood parks - two sites are under consideration, the baseball park near Vista Estates and Penn's Ridge - one of the most densely populated developments in the township has no recreational facility.
    • A dog park at Lafayette Park.
    • Restroom facilities where required.
    • Amphitheater - the most significant project this year.
  • There are two major repairs to be done - the tennis and basketball courts - both are cracked and both are expensive to repair.  The decision to be made is whether to replace, reallocate, or repair them.
• Community Relations - Supervisor Nicholas - said that the next meeting is on April 14 at 6 PM.  Nicholas announced that the newest Forks Quarterly is in the mail to residents.
• Finance and Administration - Supervisor Egolf - reported that the next meeting is scheduled for April 23 at 5 PM.  It will continue until they are finished.  On the agenda is the newly added farmland preservation referendum and the financial review of the 2007 budget.
  • Demo of New Audio Visual Equipment by Zoning Officer Tim Weis - Weis put the new smart board through its paces.  Supervisors were able to see the plans and annotations on the monitors in front of them.  The  audience was able to see the what the Supervisors were seeing too, on the large white board.  Future plans presented to the Township will be displayed in this new digital format.  

Township Manager's Report - Schnaedter - reported that two years ago, when Tim Weis was the Emergency Management Coordinator, he (Weis) submitted an application for a hazard mitigation grant.  Funding has been granted for flooding remediation to the 3000-3900 block of Kesslersville Road.  The project will involve elevating the roadway and adding a culvert.  It will cost $250,000 and the grant will fund 75% of it.

Engineer's Report - Hay - agenda items only.

Solicitor's Report - Kline - reported on three of the current litigations against the Township:

1. Weis litigation - Kline said that last month Judge McFadden (of the Northampton County Court of Common Pleas) upheld the Township's granting of Conditional Use for the Weis Market.  Scott Gingold and the Residents Who Care (RWC) group have filed a new appeal - to the Commonwealth Court.  This could hold up the project for up to a year.  Weis Market's attorney is considering filing a petition (to the lower court) to force the appellants to post a delay bond - for the delay and for the increased construction costs over the year.  The bond may be for several hundred thousand dollars.  If the court deems that there is no really good reason for the new appeal (to the Commonwealth Court), it can require the bond - which, if the appellants lose, will be paid to Weis Market. - (Note:  see JD Malone 4/7/08 Express Times for more)
2. KMRD procedural challenge - On March 24th, in a unanimous decision, the Forks Zoning Hearing Board (ZHB) rejected the KMRD procedural challenge.  A written decision is being prepared.  Originally KMRD alleged that there were 18 defects in the process for the 2006 Zoning Ordinance.  At the first hearing session, KMRD's attorney dropped 17 of them. 
3. Kings Farm subdivision - This plan was filed under the 2001 zoning ordinance by Dennis Benner, Nic Zawarski & Sons, and JT Maloney/Signature Homes.  The developers didn't really do any work to establish that there could be viable on lot septic systems for their site and after many time extensions, the Township rejected the plan.  On April 1, Judge Beltrami upheld the Township decision (large file).

Kline said that the litigation with KMRD is now entering its third year.  Originally he predicted that the KMRD zoning challenge (the ongoing one) might last five years.  He said that at this point, he predicts that it will last at least five years, if not several years more than that. 

"These KMRD cases show that when greedy developers try to force Forks Township to change its zoning to accommodate several thousand more houses in the Farmland Protection District, the Township is going to fight them every step of the way."  (Karl Kline.)  From the audience, "Here here!" and applause!

Kline went on to say that so far, "The ZHB and the Court of Common Pleas of Northampton County have supported and upheld all of Forks Township's decisions in all of the KMRD litigation and all of the Weis Market litigation."

Howell said that the Township is deeply indebted to Solicitor Kline and to attorney Steven N. Goudsouzian for the fine representation they have offered and continue to offer to the Township.

Comments from the floor:

• David Billings - said that he had intended to ask the BoS to adopt a resolution for an additional .25% increase to the RETT to help pay for farmland preservation but it was discussed at the beginning of the meeting.  He thanked Chuss for introducing it and the BoS for acting on it. 
• Gregory DiNardo - said that his business, a mixed use office, warehouse, and construction operation, at 1500 Uhler Road was included in the Heritage Corridor District when the Township re-zoned ten years ago.  He would like it to be in the EC (Economic Center) District.  Howell suggested that he put his ideas in writing and present them to the PC at their April 22nd workshop where the PC will be discussing the Comprehensive Plan and public input from the hearing.

UNFINISHED BUSINESS

Administrative Policy - Legal and Engineering Services (Rick Schnaedter, Township Manager) - Schnaedter said that a draft from the (Finance & Administration) committee  was in the BoS packets for consideration.  He said that basically it sets guidelines for the engagement of engineering and legal services for the members of the BoS, staff, and various Township committees.  Howell asked what the goal was.  Schnaedter explained that the policy is driven by economics and efficiency and is an attempt to eliminate repetition of effort by the various members of boards and committees.  Miller motioned to adopt the policy and Nicholas seconded.  The new policy passed unanimously. 

NEW BUSINESS

Economic & Development Committee Proposal to Transfer to Finance & Administration Committee for Study (C. David Howell, Supervisor) - Howell reported that he asked Egolf at the last Finance & Administration committee meeting to distribute this proposal to the committee members.  Howell said that it has been on his shelf for a number of months.  The proposal is regarding the establishment of an Economic & Development Committee.  Egolf thought that the BoS should be advised that the proposal has been made and that the BoS should be asked to reassign it to the committee for further study. 

Howell read a one page summary of the proposal.  He said that it is time that the BoS take a leadership role in the development of Forks.  Forks is feeling the financial impact of the slowing of residential development (fees paid by residential developers have declined significantly).  Forks has a an inventory of prime commercial property and Howell said that commercial development is the most attractive tax base that a community can have.  Commercial development does not fill the schools with kids and does not require the infrastructure and service levels that residential development requires. 

The mission would be to develop policies and initiatives (approved by the BoS) to promote and maintain commercial investment within the Town Center (TC) and EC Districts.  The committee would strive for a friendly and mutually beneficial environment between local government and the business community.  The committee would be composed of representatives of/from the BoS, staff, and representatives of the business community.

The motion to reassign this to the Finance and Administration committee was made by Howell and seconded by Chuss.  In discussion, Chuss said that he's been involved with economic development in Forks since 1993.  He was a member of that year's Comp Plan subcommittee and was active on the economic subcommittee for the new Comp Plan.  Chuss said that he believes there will be more support from the business community than expected and that the business community will really appreciate "something like this."

The motion passed unanimously. 

Sullivan Trail Business Park - Daycare & Office Buildings (Tim Weis, Zoning Officer) - The presenter, Jeff Ott of Ott Consulting, Inc. was the first non-staff person to use the new audio/visual digital equipment. 

The project is a minor subdivision of lot 5 in the Sullivan Trail Business Park, west of the Merchants Bank.  The developer wants to make two lots from one - 5A and 5B.  Lot 5A will house a 10,000 sq. ft. office building and lot 5B is for a branch of Kiddie Academy.  In order to reduce property taxes (and other costs), the lot division will be asymmetrical with more land going to lot 5B (in a flag lot shape) - that land is behind 5A. 

For Kiddie Academy, 42 two parking spaces will be paved and 42 will be unpaved but reserved for future parking should it be needed.  The land for the reserved parking will belong to the newly created lot 5B.  Kline stated that the ordinance requires that additional space be reserved so that it can be built when needed.  He said too, that the issue also involves a cross easement for the full movement driveway. 

Nicholas asked the obvious question:  What will happen if the daycare is no longer there?  Kline replied that the easements must be permanent easements.  Kline also said that the there should be enough security to put in the (reserved) parking and if a new company comes in, it will be a new use.  There was much discussion about sidewalks, detention basins, plantings, etc.

Kline offered that the main issues before the BoS are that this is a minor subdivision and that currently, the municipal improvements to the Sullivan Trail Business Park are not completed.  He said that the project cannot proceed until the developer completes the improvements and that in consideration of the land development for the daycare, permanent easements for the driveway and the reserved parking area must be obtained.  No development can be permitted on the reserved parking area and the Township can require security for up to one year after issuing the certificate of occupancy (CO).  The development must be in compliance with Keystone Engineering's letter and all fees must be paid before any building permits can be issued.

The developer's attorney, Terry Faul, said that the developer, Michael Goffredo, prefers to extend the letter of credit (LC) until the road top coating is completed and that will be after the Weis Market is built. 

Goffredo began site work on the Sullivan Trail Business Park in 2001.  The detention pond is not completed.  Kline suggested that the developer pay the Township to put in the "wearing course" (road surface) and other necessary site improvements.  In response, the Faul said regarding the detention pond dispute, that it was installed according to plan and that settling occurred.  He acknowledged that the settling must be repaired.  Hay said that the there were no low flow channel dimensions on the plan.  Goffredo said that he will get in there as soon as possible to make improvements to the channel.  The weather has been a factor.  He added that the tree plantings should be in by the middle of May (except on the Weis Market site).  The absence of installed street lights is a PennDOT delay as PennDOT must erect the standards. 

Kline remarked that the developer has sold almost all of the lots and that the uncompleted work is disturbing.  The fact that it is a preliminary plan gives time for Hay to work with the developer to insure that things get done before final plan comes back before the PC and ultimately back to the BoS for final approvals. 

Four motions were made by the BoS and all were approved unanimously:

1. To approve the waivers as set forth in the Keystone letter of 3/7/2008. 
2. Recommending preliminary approval of the minor subdivision (of lot 5 into lots 5A and 5B) subject to the condition that the subdivision plan cannot be recorded until all improvements in the existing Sullivan Trail Business Park are complete as determined by the Township Engineer - with the exception of the "wearing course" for which the developer will pay the cost to the Township as determined by the Township Engineer.  
3. Recommending conditional preliminary plan approval of the daycare land development plan subject to the following conditions: 
   1. The developer will have to obtain the permanent easements from the owner of lot 5A for the main driveway and the reserve parking area.  Proof will need to be provided to the Township Solicitor. 
   2. As to the reserved parking area at the southeast portion of lot 5a, this shall initially be a grassed area and development is not permitted on this area.  If the Township subsequently requires the reserved area for parking as part of lot 5B, then this would have to be constructed and plan note to this effect must be placed on final plan. 
   3. No building permit would be allowed to be issued for 5B until all of the subdivision improvements for Sullivan Trail Business Park have been completed as determined by the Township Engineer (except the wearing course paving).  
   4. Compliance with all the terms and conditions set forth in the review letter by Keystone Consulting Engineers.  That would also include the standard rates for the recreation fees, capital improvement fees, and the sewer tap-in fee for commercial land development. 
4. Recommending conditional preliminary plan approval of lot 5B, office building development.  Conditions of approval (are similar to 5A):
   1. The developer will have to provide the cross easements to the owner of lot 5A for the driveway and reserved parking):
   2. (Reserved parking area will) Initially be a grassed area.  Development will not be permitted on that parking area (plan note to that effect).
   3. The developer is not entitled to be issued a building permit for the office until all the improvements for the Sullivan Trail Business Park have been completed as determined by the Forks Township Engineer - taking out the paving.
   4. Compliance with all the terms and conditions set forth in the review letter by Keystone Consulting Engineers including the standard capital improvement fee, the rec fee, and the tap-in fee.

Animal Control Officer - change in Compensation (Rick Schnaedter, Township Manager) - Tabled because DPW Director Mark Roberts was absent.

Forks EMS Billing Issue (Erik Chuss, Supervisor) - One full hour was devoted to the Forks EMS and Suburban EMS billing issues discussion.  Before the Board, the two EMS groups to agreed to work out a plan where Forks EMS will pay Suburban $10,000 of the $27,000 it owes and where Suburban may then take over the billings for ambulance services. If agreed, Suburban would not withhold a portion of monies due Forks EMS (to collect on the outstanding debt), but would pay them what is due them for services.  Forks EMS would repay Suburban the outstanding debt over time but stay current on current billings.

Per Medicare rules, only one ambulance invoice is allowed, no matter whether the service needed is BLS (Forks EMS is the Township's basic life support service provider and Suburban is the advanced life support provider) or ALS or a combination of the two. To date, Forks EMS has done the billing and failed to pay Suburban for its provided ALS services.  For more details on the EMS discussion, read both JD Malone (Express Times) and Madeleine Mathias (Morning Call).

There was no Executive Session and the meeting was adjourned.

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