Planning Commission and Zoning Hearing Board appointments

Reprinted from the FAC Website:  The Board of Supervisors held applicant interviews for the openings on the Planning Commission and the Zoning Hearing Board on Tuesday, January 12th at 7 PM in the Municipal Building.  Reappointed to the Planning Commission were Vito Tamborrino and Joe Rizzo.  Newly appointed was Robert Rusnak.  John Pappas was reappointed to the Zoning Hearing Board.  He was uncontested and therefore not interviewed.

Recreation Board candidate interviews will be held at 6 PM on Thursday, January 21st prior to the regular Supervisors meeting.

All meetings are open to the public.

2010 BoS Re-Org Meeting and Regular Meeting - Notes

SWEARING-IN OF NEWLY ELECTED OFFICIALS

Prior to the start of the BoS Re-Organizational meeting, (newly sworn-in herself) Magisterial District Judge Jackie Taschner was kind enough to come to Forks to swear in our two newest Supervisors - Michele Rogers and David Billings, our new Tax Collector - Anne Bennett-Morse, and our newest Elected Auditor, Sandra Hanks. 

ANNUAL RE-ORGANIZATION MEETING

Every second class township is required to meet on the first Monday of the new year (unless if falls on January 1st) to re-organize and to elect a chairman, a vice chairman, and a secretary/treasurer.  This year the Board, did just that, it elected officers and voted on positions and appointments - although some were not unanimous and some were accomplished in exceptionally faster than normal re-org meeting speeds.   (See Bill White - Morning Call - for Northampton County Council Sunshine Act rule bending.)

For 2010:  

• Chairman - Erik Chuss - Nominated by Egolf/seconded by Rogers - 4:1 Billings cast the nay.
• Vice Chairman - Michele Rogers - Nominated by Egolf/seconded by Chuss - 4:1 Billings cast the nay.
• Secretary/Treasurer - Robert Egolf - Nominated by Rogers/seconded by Chuss - 5:0.

PNC Bank and PLGIT were voted in as depositories for Forks Township. Signatures of either two Supervisors or one Supervisor and the Township Manager are required for withdrawals from accounts including from the general fund, the utility fund, the escrow account, the tax account, etc.

• Township Manager - Rick Schnaedter
• Assistant Secretary and Assistant Treasurer of the General Fund - NONE
• Township Solicitor - Karl Kline ($150/hr - up from $145 last year)
• Alternate Township Solicitor - Steve Goudsouzian ($150/hr - up from $145 last year)
• Solicitor for Zoning Hearing Board - Michael Shay
• Engineering Firm - Gilmore & Associates - 3:1:present (vote withheld)
• Township Engineer - Scott C. Muller - Gilmore & Associates 3:1:present (vote withheld)
• Auditing Firm - France, Anderson, Basile & Company, P.C.
• Earned Income and Local Services Tax Collector - Mary Ann Kessler
• Assistant Collector - Carolyn Bucar
• Business Privilege Tax Collector - Sandi Rossi

The 2010 meeting schedules for the Board and the Planning Commission were set. The Board of Supervisors will meet on the first and third Thursdays of the month at 7:30 PM with a possible third meeting (if necessary) on the fourth Thursday. Thirty or 60 minute workshops may be scheduled before or immediately after the regular meetings.

The meeting schedules for the Standing Committees (of the BoS) were established as follows:

• Public Safety - second Wednesday - 7:15 PM - Egolf is the senior member 
• Finance & Administration - second Wednesday - 6:00 PM - Billings is the senior member 
• Community Relations - second Monday - 4:30 PM - Chuss is the senior member 
• Parks & Recreation - first Wednesday - 6:00 PM - Rogers is the senior member 
• Public Works - second Monday - 7:30 AM - Howell is the senior member 

All meetings will be held at the Municipal Building.

The Planning Commission will meet on the second Thursday at 7:00 PM and the workshop sessions, which will be treated in the same manner as regular meetings, are set for the fourth Tuesday of the month at 7:00 PM.

PEMA’s Emergency Operations Plan was re-adopted.  It is unchanged from last year.

More appointments:

• Emergency Management Coordinator - Richard Bassett
• Assistant Emergency Management Coordinators - Tim Weis & Bryan Weis

The Board authorized payment of routine bills that may have penalties or interest if they are not paid before the next BoS meeting.

The Municipal Building's daily hours (open the public) were set at 7:30 AM - 4:30 PM Monday through Friday. Office employees’ hours range between 7:30 AM to 4:30 PM.  Hours for the Director of Public Works and for Public Works employees can vary from the standard hours (due to inclement weather, etc.)

Yet More Appointments:

• Fire Chief - Charles Chapman
• Deputy Fire Chief - Dan Dawson
• Zoning Enforcement Officer, Building Code Official - Tim Weis
• Flood Plain Permit Officer - Scott Muller - Gilmore & Associates - 4:1 (Billings cast the nay)
• Assistant Zoning Officers - Matt Miller & Loretta Fuehrer 
• Sewer Enforcement Officer - Scott Muller - Gilmore & Associates - 4:1 (Billings cast the nay)
• Electrical Inspectors - Keystone Electric

The wages & benefits packages of both the uniformed (police) and non-uniformed employees were re-affirmed.

The following appointments was made:

• Vacancy Board - David Hoff - one year term - (incumbent and only applicant - no interview)

The Zoning Hearing Board will meet as needed on the second and third Mondays at 7:30 PM.  (Zoning Hearing notices are advertised on an individual basis.)

Lastly, these appointments were made:

• Board of Supervisors' Voting Representative at PSATS (Pennsylvania State Association of Township Supervisors) Annual Convention - Rick Schnaedter
• Principal to attend TRCOGS (Two Rivers Council of Governments) quarterly meetings - David Howell
• Alternate to attend TRCOGS - Bob Egolf

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

REGULAR BOARD OF SUPERVISORS MEETING

Agenda

Public Comments (non-agenda) - none

Supervisors Comments - Egolf welcomed the new Supervisors, Billings and Rogers, and told them that they will enjoy the experience.  Chuss agreed with the sentiment.

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 $7,738,560.

Standing Committee Reports:

• Public Safety - Supervisor Egolf - said that there have been no meetings since the last BoS meeting and the next meeting will be on the second Wednesday of the month at 7:15 PM.
• Public Works - Supervisor Howell - reported that the first meeting of 2010 will be on the second Tuesday of the month at 7:30 AM.  DPW Director Mark Roberts announced that Sean Quick and Terry Hoff (sic) have taken and passed the National Certified Playground Safety Inspectors Test.  The certification expires in three years - when they can be retested.  They will make recommendations on repairs/replacement of all playground equipment.  Egolf suggested that a letter of congratulations be sent from the BoS.
• Parks & Recreation - Supervisor Rogers - skipped over by the chair- no report. 
• Community Relations - Supervisor Chuss - said that the next meeting will be this coming Monday at 4:30 PM.  He went on to say that in the past the primary responsibility of the committee has been the newsletter and the township map.  Chuss suggested that the committee's focus might be expanded to include the establishment of a (citizen group) Forks Township arts council.  This would be structured like the Forks Historical Society and entail:
  • Identifying township artists and promoting their works.
  • Placing sculpture, artwork, and memorials in parks and municipal buildings.
  • Identifying acts and events for the bandshell.

Howell offered that he is on the Board of ACE (Arts Community of Easton) and there are a number of members who are residents of Forks.  He suggested that Forks residents who are members of ACE would probably like to participate (perhaps as a Forks subcommittee of ACE.)  ACE wields influence in the region and that could be beneficial for Forks.  The major mission of ACE is arts education and it is a non-profit with grant programs.  Chuss said that it will be talked about at the "subcommittee."

Chuss then said that he would like to bring the newly formed Forks Business & Commerce Association under the chair of the Community Relations Committee.  He said this move would allow different members of the Board to participate in the organization. 

Howell explained that both he and Township Manager Schnaedter are members, however, it is not a Township group, it is a private group.  It is the association's board and he is a board member.

Chuss argued that he wanted the position to rotate.  Again, Howell explained that it is not an appointment by the Township but a term appointment per the the association's bylaws and rules.  He added that he and Schnaedter helped to found the group and that is why he was selected for their board (for this year.)  It is in a sense, an honorarium.   

Howell said that in 2006, when his standing committee structure was accepted by the Board, there was a sixth committee, the Economic Development Committee.  It was not put into place at that time because it was a difficult task to design a committee that would not be part of the rotation.  He said that should the Forks Business & Commerce Association be tucked in anywhere it should be in the Finance & Administration Standing Committee.

Howell offered that the association is to help bring businesses to Forks and to help sponsor events within the community (ie. in the amphitheater).  Chuss insisted that the association should be under Community Relations.  Howell said he didn't understand the problem since he is on both the association board and the Community Relations Standing Committee. 

Chuss asserted that he has been involved in economic development since 1993 and knows people in the group and will get in touch with them himself...

Howell reminded Chuss that the association has only been in existence for two and a half months and has a constitution and bylaws.  Chuss said, "They chose you?  I thought we chose you."  Howell again told him that "they" nominated him.  He asked what the problem is.  Chuss said he disagrees that Howell should serve his full term on the association board.  Chuss said, "They don't dictate to us.  We tell them who we will assign and allow everyone on the Board an opportunity."  Howell said that they may do that at the Township's suggestion but "they have spoken for the first year."

Schnaedter said that at an association executive committee meeting Howell was elected to sit on their executive board but that in terms of attendance, any Supervisor can attend the meetings.  He further explained that the Township is not guaranteed a seat on the executive board.  Chuss followed with... "So they dictate to us who is going to be on their economic... inaudible?" 

Schnaedter offered to provide the Board with another copy of the association's bylaws.  He said they have only had two meetings so far.

• Finance & Administration - Supervisor Billings - said that the next meeting will be on January 13th at 6 PM.

Township Manager's Report - Schnaedter announced that the Forks Quarterly has won a PSATS second place award - for the second time in three years - in the 42nd Annual Township Citizens Communication Contest.  He thanked the staff for their assistance and participation in earning the award.

Also, Schnaedter said that he has received a request from Bob Reagan of the US Census Bureau for an out of the way spot in the Community Center to put a table and a few chairs where residents' questions regarding the 2010 census can be answered.   There will be a notice on the Township website.  There were no objections by the Board.

Engineer's Report - Muller - had no report.  He said that he has been working with Keystone Engineering and Township staff.  Billings asked if he was up to speed on any projects including those on tonight's agenda.  Muller said that he was not.  Billings said that he is disappointed that Muller did not "jump in" earlier.  Howell remarked that he is disappointed that he (Muller) was not at any of the recent Planning Commission and BoS meetings. 

Schnaedter said that he advised Muller that it was not necessary for him to be at any earlier meetings because Keystone was present. 

Kline noted that catching up will be a daunting task and he compared it to taking a drink from a fire hose.  Some of the projects started in 1999 and have a long history. 

Egolf said that he was pleased that Kline said that as he wanted Muller to know that this was not a contentious Board.  He added that the Township does not want cursory work... it wants "full depth" and that's what he thinks the Township will get.  He welcomed Muller to his new position as Township Engineer. 

Chuss asked Muller if he will look at the public works garage project in the next couple of weeks and provide any thoughts he might have.  Schnaedter said that he told Muller that until the Township gets the next phase from Kimmel Bogrette, there is nothing to review.  Muller was already given a copy of the sketch drawings. 

Muller said that he has indeed been working in the background. 

Solicitor's Report - Kline - reported on that on December 21, 2009, the PA Commonwealth Court validated Forks Zoning Hearing Board's decision in favor the of the Township and against KMRD in its Procedural Challenge of Forks zoning ordinances.  KMRD has 30 days to appeal to the Supreme Court.  If appealed, the State Supreme Court may or may not agree to hear the case.

Read the decision here - large file.   For more details read these articles:  Tony Nauroth -
December 23rd - Express Times and Riley Yates - December 24th - Morning Call.

The KMRD Substantive Challenge, the one that alleges that Forks zoning is discriminatory, is still in the Northampton County Court of Common Pleas.

UNFINISHED BUSINESS

None

NEW BUSINESS

Bethlehem Army Reserve Center - tabled previous meeting (Tim Weis, Zoning Officer) - For a full hour the Board asked questions of the Army Corps of Engineers and members of the Reserve Center who were present.  Not everyone was on the same page much of the time. 

Supervisors Howell and Billings asked about things that have concerned residents - traffic, live ammunition, solar panels, parking, use of the facility, number of employees, plans for future helicopters, types of vehicles, new hires from Forks, taxes, recreation fees, emergency plans, water recycling, etc. 

The Army Reserve's plans call for the use of humvees on Township roads, no live ammo (but weapons), garage space for trucks and equipment, unheated storage, a 32 foot anti-terrorism set-back, an assembly hall, two stories, no solar panels, no water recycling, etc.  There will be 22 full-time employees and the site will not be manned 24/7.  It will house Bethlehem's Wilson Kramer Army Reserve Center and a maintenance shop.  The move is part of BRAC, the federal Base Realignment and Closure program.

It will be built to LEEDS silver standards but, because of the cost, not certified. 

So far, no contact has been made with Police Chief Dorney to devise an emergency action plan.

The Army Corps has indicated that it intends to use infiltration for returning storm water to the ground.  Kline said that per the October Keystone review letter, approvals by outside agencies are needed as is a hold harmless clause regarding the infiltration drainage.  Kline said that beneath the site are Karst limestone formations and since that is like having Swiss cheese underground, flooding that Karst limestone with water is not a good idea.  It is asking for sinkhole trouble.  The public sewer line runs nearby but not through the area where voids have been found. 

On top of adding the Karst warning, the Keystone letter recommended signature blocks and that the LVPC add signatures to the plan. 

In discussion of possible economic benefits, Howell noted the extraordinary amount of tax exempt property already in Forks Township.  There are three cemetery associations, four churches, two elementary schools, Lafayette College property, LV Airport property, the Stryker Brigade, all the Township owned land, and the largest middle school in Pennsylvania.  He said that although two years ago, he voted "yes" for the Stryker Brigade, he was going to vote "no" now because he thought that this project is not giving back to the community. 

There was a question about whether or not the recreation fees that all other developers pay will be paid by the Army.  Howell suggested that if they are not paying the recreation fee, that they at least volunteer a stipend to the Township.  They will not be hiring residents, they will not be buying diesel fuel here (we have no dealers), they will not being paying local taxes, but they will hire a catering service to do their meals, and they will be using our infrastructure and emergency services.

The vote to approve the lot consolidation (two lots are needed) and the vote to approve the land development plan both passed 3:2.

Please read Christopher Baxter (Morning Call) and Tony Nauroth (Express Times) for more details. 

Alfero Construction Company Land Development (Karl Kline, Solicitor) - Mr. Nick Alfero told the Board that there was a miscommunication and that he was not aware that his land development project was previously on the agenda for the PC or for the BoS.  His contracted engineering firm, RT Consulting & Engineering, did not let him know.

He said that he was born in Forks Township and lived here for a time as well.  In fact, his company started in Forks Township.  His project will move the Alfero Construction Company back to Forks - on property it owns on Kuebler Road. 

Kline said that generally the issues cited by the Township engineer are resolved before projects are presented to the PC and the BoS so as not to waste time.  In this case, there was no response from Alfero's engineer to Keystone's letter.  Because of this and because the (planning) clock was running, both the PC and BoS had to reject the land development project in order to avert "deemed approval."

Dean Turner, Planning Chair, added that there was no presentation to the PC of the plan and therefore no explanation of what Mr. Alfero wanted to do in Forks.

Mr. Alfero said that he has new drawings that should satisfy all of the deficiencies cited in the Keystone letter.  It was decided that he will redo his plan submission as a brand new submission and once again pay the fee ($150).  Kline advised him to be certain that his engineer attends the PC meeting and addresses any and all review comments promptly.

Resolution # 100104-1 & 100104-2 – Waiver of employee contributions to pension plans (Karl Kline, Solicitor) - Kline explained that the Township auditors (France, Anderson, Basile & Company, P.C.) recommend doing this annually as opposed to doing multiple years at a time.  One resolution is for the police department in 2010 and the other is for the non-uniform employee pension plan for 2009 and 2010 (since it was not done last year.)  The police department contract expires in 2012.

Billings made the motion to pass the resolutions and Howell seconded.  The vote was 5:0.

Scheduling of candidate interviews for Boards and Commissions - After much discussion, the Board settled on Tuesday, January 12th at 7 PM for the Planning Commission and Zoning Hearing Board candidate interviews. 

This will get candidates for the PC chosen before the PC runs into quorum difficulties.  The PC has a seven member board with three openings.  Should they hold a meeting before at least one of the seats is filled and one current member is unable to attend, the meeting would need to be cancelled for lack of a quorum.

On January 21st, at 6 PM prior to a regular BoS meeting, the Board will interview candidates for the Recreation Board. 

The hope is that members will be chosen the same night as the interviews.  Schnaedter will notify the applicants of the interview dates and times.

All interviews are open to the public and will be held in the Municipal Building meeting room.

Executive Session - Held for personnel and litigation reasons.  No action was taken during or after the session and the meeting was adjourned. 

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

Commonwealth Court says "no" to KMRD's procedural challenge

From the FAC website:  On December 21, 2009, the PA Commonwealth Court validated Forks Zoning Hearing Board's decision in favor the of the Township and against KMRD in its procedural challenge of Forks zoning ordinances.  

It remains to be seen if KMRD will pursue the challenge to the next level, the State Supreme Court, and if it does, whether or not the Supreme Court will agree to hear the case.

Read the decision here - large file.  For more details read these articles:   Tony Nauroth - December 23rd Express Times and Riley Yates - December 24th - Morning Call.

Your township needs you! - Vacancies need filling.

Supervisors voted to advertise openings for the following boards and commissions:

Planning Commission	3 openings
Zoning Hearing Board	1 opening
Recreation Board	2 openings
Vacancy Board	1 opening

Send your resumes and letters of interest to Rick Schnaedter, Township Manager.  The deadline, according to the Board's approved motion, is December 31st. 

Applicants will be interviewed in January and appointments will be made by January 31st.

BoS Meeting Notes - 11/19/2009

Regular Meeting (agenda)

This was a pre-holiday meeting with only one agenda item. Supervisors should have ripped through the meeting rather efficiently. In fact, they did - with the exception of a one hour plus Executive Session to discuss litigation, personnel, and real estate issues.

The tentative 2010 budget was approved in a 4:0 vote. Supervisor Nicholas was absent. No tax increase is expected for 2010!

Approval of the October 29th special meeting minutes was once again tabled. A memorial statue was offered and accepted for the Community Center grounds. And, Supervisors learned that the owner of one private home on Newlins Road East is seeking a real estate tax re-assessment.

Public Comments (non-agenda) -

• Fritz Wiede, Forks resident, addressed the Board and reminded them that he was at the last BoS meeting and spoke about the "$3.5 million equipment shed." He asked if the Board had a chance to discuss the project since the last meeting. Chairman Howell said that there was discussion of the plans at a conceptual meeting (of the public works committee). Mr. Wiede said that he visited the "old equipment shed" and admitted that it is an outdated piece of equipment (from the outside - he did not go inside). He said that he's been a resident of the Township for 40 years and asked that the Board keep taxpayers in mind when it comes to paying $3.5 million. He added that he thought a price of $1 million would be enough and asked the BoS if a referendum has been considered so that the people can vote on this project. Howell explained that the Board did not feel a referendum to be necessary when the project originated. Howell suggested that any Board member who feels that there should be a referendum, advise Mr. Wiede. Mr. Wiede said that he will be back in January to ask the new Board members. He was told that they were both in the audience and he could discuss it with them in the lobby after the meeting. He chose to leave the meeting.

Supervisors' Remarks:

• Supervisor Miller introduced Mr. Michael Kadjeski of Mechanicsburg, PA. He is the son of the late Robert Kadjeski, a long time figure in Fork Township athletics and a former Community Center employee. Mr. Kadjeski asked the Board's permission to erect a memorial statue on the grounds of the Community Center. He said that it will be financed entirely by the Kadjeski family and that site preparation work will be reimbursed to the Township. The memorial is a bronze statue of children playing on a log. Mr. Kadjeski said that he will personally guarantee maintenance and repair in the event of manufacturer's flaw or vandalism - for twenty years.

Of his dad, Mr. Kadjeski said that he was a 53 year resident of Forks and active in the 60s and 70s when there were only three sports for boys - football, basketball, and baseball. Now there is also lacrosse, soccer, wrestling, volleyball, etc. He was president of the Forks Township Athletic Association for a number of years. He was responsible for the first purchase of wrestling mats and now the wrestling program has its own building.

Mr. Kadjeski said that his father was very proud of the fact that the Community Center was more than just a place for kids in competitive sports. He and Miller coached at the Community Center and when Kadjeski retired from his job, Miller asked him to work there.

Howell said that he has seen the statue and that it is lovely and in very good taste. In fact, he said that it is the kind of statue that should be enjoyed in a 360 degree view. Howell said that the Board is honored to receive it and hoped that the family would revisit other areas of the park that may have a more appropriate site for it.

Miller offered that there is already a plaque and that Mrs. Kadjeski and her daughter looked at five different sites and wanted the statue located around the Community Center somewhere. Mr. Kadjeski said that the family did not want to be presumptuous but will certainly consider other spots for it.

The motion to accept the memorial statue was made by Miller and seconded by Egolf - subject to placement. The vote was 4:0.

• Supervisor Chuss mentioned the upcoming openings on the various Township boards. The Planning Commission will have three vacancies - Tamborrino, Rizzo, and Billings. The Zoning Hearing Board will have one vacancy - Pappas. The Recreation Board will have two seats open - Reiter and O'Neil. And, the Vacancy Board will have one opening - Holmgaard.

The Vacancy Board position was discussed. It has never been advertised and has traditionally been filled by a former Supervisor. Solicitor Kline said that the appointed person only acts if there is a vacancy on the BoS and that the person appointed need not be a former Supervisor. In further discussion, the Board learned that Mr. Holmgaard intends to move from Forks. His home is for sale.

Chuss made a motion that all vacancies be advertised, with all applications due by the end of December, and that all applicants be interviewed in January, and appointments made by January 31st. Miller seconded and the vote was 4:0.

• Supervisor Miller said that the Township currently has no policy regarding memorials in the park and he suggested that Township Manager Schnaedter look into it. There are several memorials in the park for Forks residents, including one for Colleen Supinski who was killed on 911 and one for Barry Bush, the FBI agent killed accidentally in the line of duty. Miller said that none of these came before the BoS but that there should be a policy that starts with the Township Manager or the Board.
• Supervisor Egolf said that he attended the ground breaking for the Crayola solar farm this morning. He added that the project was started last year and aborted and is now alive again. The solar panels are manufactured in Ohio. There were about 100 people at the ceremony and Egolf said that it was noteworthy for Forks as it will likely get worldwide notice. The solar array "will power a good part of the manufacturing operation when it is up and shining." Howell added that the 15 acre site is one of the highest in Forks and that the project is part of the stimulus program ($1.4 million) and will provide 23 jobs.

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. The Township's current outstanding debt is $7,756,832.

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

• Public Safety - Supervisor Howell - said that the committee met last week and discussed routine business plus the Borough of Emmaus' ordinance on animal population (specifically dogs and cats) within residential homes. According to Schnaedter, although it has worked out a system of appeals and inspections and passed an ordinance, Emmaus does not intend to enforce it. The Public Safety Committee therefore, recommends foregoing studying this any further as it does not want to approve a bill that will not be enforced. The bill would be too intrusive on homeowners. The next meeting is Tuesday, December 15th at 8 AM.
• Public Works - Supervisor Chuss - reported that the committee's November 10th meeting was cancelled due to an emergency. The committee was also in the middle of the engineering firm interviews. The field of applicants has been narrowed from 31 to seven and after the seven were interviewed, the field is now down to four. Final public interviews will be Monday and Tuesday evenings from 7-9 PM in the Municipal Building.

Chuss said, too, that Kimmel and Bogrette's preliminary sketch has been received and that it is an interesting design. Costs were discussed and they were encouraged to keep them down. The firm will come back with a more finalized sketch which will be opened up to full Board review and comments by the public.

Egolf offered a "funny" story. He said that several years ago, a Sullivan County community was looking to build a storage building. There were people on both sides - spend more vs. spend less. The community built the lesser of the two buildings. The 1996 heavy snows collapsed the building. Egolf offered that he thinks "you get what you pay for."

• Parks & Recreation - Supervisor Egolf - gave credit to Jim Farley, Finance Manager, who has taken time to look at the the things going on in the athletic association program. Lots of spreadsheets have been prepared and both the Recreation Board and the AA were invited to the last committee meeting. It was a good meeting but no one from the Recreation Board attended. Egolf said that he is hoping that wires were simply crossed and that sooner or later both organizations will be at the table at the same time. He said that he was optimistic after a budget workshop when both the AA and the Recreation Board attended.

Egolf also said that the wrestling commissioner would like to start a "mat club" for off season wrestling designed for young kids interested in wrestling. A recommendation from the Board is needed and he would like to say to Dan Martyak that as soon as the AA gets a proposal together the Board will consider it.

Lastly, the AA is putting a new system for volunteers in place. They are not getting as many as they would like and will assess parents when they sign their kids up for programs - volunteer or pay a fee.

• Community Relations - Supervisor Miller - said that Schnaedter is working on new additions to the newsletter. Miller said that his proposal will be presented at the next BoS meeting. Schnaedter offered that it is for the website and will be brought to the committee first.
• Finance and Administration - Supervisor Nicholas - Absent. The next meeting will be on December 9 at 5 PM.

Township Manager's Report - Schnaedter - reported that there was a recent meeting of the Northampton County Tax Collection District. Forks share is $1,456.55 which entitles it to 2.91% of the vote. The District meets once a month and he and Farley alternate attendance.

Howell asked how the 2.9% was arrived at and Farley said it was based on confirmed revenue from 2007. Howell noted that Forks appears to be the 6th or 7th largest community in the district. Farley offered that the data is on the Supervisors' shared drive and that he will continue to post information there as it becomes available.

Howell thought it amazing that Forks has higher receipts than the city of Easton. Schnaedter said that Easton is disputing the way it was calculated.

Schnaedter said that there have been a tremendous amount of responses for the Community Center Monitor positions. The application deadline is November 30th. Interviews will be held shortly after that.

Also, Schnaedter said that the schedule and names of the four engineering firms for the Monday and Tuesday interviews are in the Supervisor packets.

Engineer's Report - Fred Hay - absent

Solicitor's Report - Kline - said that the KMRD procedural challenge oral arguments were heard in the Commonwealth Court in Philadelphia last week. Those in attendance included Mr. & Mrs. Howell and Jim Wideman. It will be at least 90 days before a decision is rendered.

Kline said that the huge record of material for the substantive challenge has now been assembled and sent to the Northampton Court of Common Pleas.

In addition, Kline said that the Comprehensive Plan public hearing is set for Tuesday, December 1st at 7:00 PM. The BoS will be in a position to consider the plan at its December 3rd meeting and if there are no changes, the Board can adopt the Comprehensive Plan at that meeting.

Also at the December 3rd BoS meeting, the Planning Commission plans to make presentations of two ordinances that the PC has been working on for changes to the Zoning Ordinance and the SALDO (subdivision and land development ordinance). One is a solar ordinance and the other is a historic resource ordinance. The latter is likely to be controversial for all the people who have properties on the list. Kline said that he heard that there are over 200 properties named.

Howell asked if it will be a presentation only or if the Board is to act on the ordinances that night. Kline said that it is a presentation and although the historic resource ordinance is complete, the actual inventory list is not. There are three categories - 1, 2, and 3 - and each property must be assigned to one of them. The categories determine the restrictions that apply.

Once the Board has the ordinance and the historic resources inventory, it can decide if it wants to proceed with it at all and what the process will be. Kline suggested that although it is not necessary, the BoS may want to ask the PC to hold the first public hearing - after giving notice to all the property owners who may be affected.

And, finally, Kline said that there is another tax assessment appeal in progress. This one is for a single family home on Newlins Road East. It is likely to have only a minor effect on the budget.

UNFINISHED BUSINESS

Tentative Adoption of 2010 Budget – as per calendar (Jim Farley, Finance Manager) - Farley said that there were three budget work sessions since the beginning of October. This budget has come together in a fairly easy first and second pass. There is a modest surplus from 2009 and no tax increase is needed for 2010. The Township is able to meet all obligations and to fund some capital improvement projects.

Farley asked the Board to tentatively adopt the 2010 budget as it stands and to to authorize advertising it in the newspaper as well as making it available at the office and on the Township website for public review - for the mandatory 20 day period. This will make it available for adoption at the December 17th BoS meeting.

Howell asked that an executive summary (for the public) be prepared to accompany the budget. Schnaedter said that he would put together a letter like last year's cover letter. Per Schnaedter, the Township finances are in much better shape than last year. He said, "It's a credit to the Board, to the staff, and all the hard work they did."

Egolf made a motion for the tentative adoption of the 2010 Forks Township budget. Chuss seconded and it passed 4:0.

NEW BUSINESS

None

Executive Session - There was an Executive Session for a litigation matter, a personnel issue, and a real estate matter. The Supervisors-elect attended.

Two motions were made, one to increase the DPW Director's annual vacation time from 80 hours to 120 hours and to increase the Finance Manager's vacation time from 108 hours to 120 hours. The other motion was to give the Township Manager a $200 monthly vehicle allowance. Both motions passed with 4:0 votes.

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.

KMRD/Kings Mill 0 : Forks Township 1 - Judge Giordano rules!

On March 3, 2009, (Court of Common Pleas of Northampton County) Judge Emil Giordano ruled in favor of the Forks Township Zoning Hearing Board's (ZHB) February 2008 decision in the KMRD, L.P. procedural challenge.  Judge Giordano dismissed the appeal "with prejudice." 

KMRD's procedural challenge alleged that the 2006 Zoning Ordinance was was not properly advertised per the Municipalities Planning Code (MPC).  Had the court ruled in favor of KMRD, a county-wide (maybe further) can of worms would certainly have been opened as most municipalities use similar formats in ordinance advertisements.

Originally, before the ZHB, KMRD/Kings Mill alleged that every zoning ordinance back to 1983 was procedurally flawed and should be void.  KMRD cited 18 violations.  The Township refuted them with over 300 pages of documentation.   KMRD then reduced the list to one single alleged flaw, the public notice.  KMRD said that the entire ordinance should have printed in the newspaper.  The cost would have been $55,000. 

Forks Zoning Hearing Board ruled against KMRD's challenge.  And, KRMD appealed to the Court of Common Pleas, where, before Judge Giordano, KMRD lost its appeal.

The next step for KMRD/Kings Mill, should it decide to pursue this further, is an appeal to the Commonwealth Court.  According to Solicitor Kline (at the March 5th Board of Supervisors meeting), KMRD has 30 days to do that.

Please read Christopher Baxter's Morning Call article for more.  To read the judge's ruling, click here.

KMRD Procedural Challenge Appeal - Oral arguments heard

On February 3, 2009, Northampton County Court of Common Pleas Judge Emil Giordano heard the oral arguments in the KMRD/Kings Mill appeal of the Forks Zoning Hearing Board's determination that the Township followed procedures in the legal advertising of its 2006 zoning ordinance. 

KMRD wants all zoning ordinances enacted since 1983 declared invalid - a move which would allow development of their owned/under contract parcels in the Forks FP (Farmland Preservation zoning district) under 1983 rules.  Judge Giordano rightly observed that a decision in favor of KMRD would have far reaching ramifications in every municipality in Pennsylvania. 

The Morning Call's Riley Yates was there.  Please read his article for more details. 

BoS Meeting Notes - 1/15/09

Regular Meeting (agenda)

Forks Supervisors held one of their shorter meetings - 20 minutes for the main meeting, one hour for the Executive Session, and two minutes to vote on the Zoning Hearing Board (ZHB) solicitor's 2009 rate of pay. 

Public Comments (non-agenda) - none

Supervisor Remarks:

• Supervisor Nicholas welcomed Troop 29.  She said that they were there to work on a "citizenship in the community" badge.

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 $8,402,099.  (Note:  We inquired of Supervisor Howell the day after the meeting about the $1,020,000 debt increase from the previously reported $7,382,099.  He explained that the loan for the new public works equipment was booked at year end.)

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

• Public Safety - Supervisor Howell - said that the committee held its unofficial first meeting last week.  Basically it was a get together to say "hello" and to comment on the roles each will have going forward.  The committee's 2009 theme is to determine what is and is not working.  The next meeting will be on the third Tuesday, January 20th, at 8 AM.
• Public Works - Supervisor Chuss - reported that although he was unable to attend, a meeting was held on Tuesday, January 13th.  Chuss said that he discussed what to cover with Township Manager Schnaedter.  There is a need for storage of the new roadside mover and new leaf vacuum.  The committee is exploring two possible locations.  Also, an insurance investigator performed an inspection of the public works site and deemed that the mechanic's pit is hazardous.  Purchase of a hydraulic lift will be explored with the thought of locating it in the mechanic's work area in the sewer department building.  At the next meeting, the committee will tour the public works facilities in order to update the status of buildings and equipment.
• Parks & Recreation - Supervisor Egolf - reported that the committee met on January 12th at 6:00 PM in the Municipal Building.  Supervisor Nicholas is also on the committee.  Representatives of both the Athletic Association and the Recreation Board attended.  In addition to reviewing the past year with Miller, the committee reviewed current projects, and talked about future meetings, the next of which will be on February 9th.  Egolf said that the time change for the meeting accounted for the good turnout.
• Community Relations - Supervisor Miller - said that the committee met this week.  They discussed ideas for articles for the Forks Quarterly, such as the fire tower, the fire department open house, the Comp Plan, and the budget.  The committee plans a review of the Township website.   Schnaedter added that because of the budget cuts, the committee is considering reducing the Quarterly to two issues per year.  The move would save approximately $4,500 - $5,000.
• Finance and Administration - Supervisor Nicholas - said that the committee met on Wednesday and agreed that the first topic of every meeting will be a review of the monthly financial reports (that the Supervisors receive in their packets).  Other areas to be covered include the creation of a three or five year plan for the finance department, a review of the trash contract, an update of the Community Center swipe cards, document archives (currently underway), and staff reviews.  The main EIT (earned income tax) form will soon be online for download.  A safety training program for employees is being explored.  The handrail for the Municipal Building walkway is on order.   Another goal is to try to "go paperless" with the Supervisors packets.  Nicholas said that Miller reported that the tennis and basketball courts are out for bids and prices are being checked for the bathroom for Braden Park.

Howell, in reference to the tennis and basketball courts, said that Linda Hill (she spearheaded the successful PTA effort to get new playground equipment for the Forks Elementary School) called him with questions about the Community Park.  She told him that the elementary school is planning to repair some play surfaces and that there is a contractor in Forks who does resurfacing.  He represents Nova Sports USA out of MA.  Ms. Hill is looking into a discounted installation at the school and will share the cost information she gets with the Township.  Howell said that he asked her to send an email to Egolf, Miller, and Nicholas. 

Township Manager's Report - Schnaedter said that the strategic goal setting session for the BoS and staff is set for Saturday, January 24th.  It will last almost a full day.  He also reported that there is a meeting tomorrow morning at PennDOT with "all the principal parties" and that PennDOT hopes to resolve the Meco/Sullivan traffic light issue.  As to grants, Forks is still in the running according to a phone call Schnaedter received from Congressman Dent's office.  They will keep him apprised of the progress.

Engineer's Report - Hay - excused absence.

Solicitor's Report - Kline - agenda items only.

UNFINISHED BUSINESS

Public Safety Committee - meeting day change (David Howell, Chairman) - a motion was made to set the meetings for the third Tuesday of the month at 8:00 AM in the Municipal Building.  It passed 5:0.

The Center for Animal Health & Welfare – Animal Services Agreement (Rick Schnaedter, Township Manager) - Schnaedter said that he received the 2009 proposed contract and that it has the same language as last year's including that private citizens (who don't even have to be Forks residents) can bring in animals.  The cost is the same per animal as last year - $50 each.  He requested approval of the contract with the elimination of the "private citizen" clause - as was done last year by strike-out.  Egolf made the motion, Miller seconded, and it was approved with a 5:0 vote.

NEW BUSINESS

Establish compensation for Zoning Solicitor - Discussion took place in executive session because compensation was involved.  A vote was taken after the session - see below.

Executive Session - The session was held to discuss a real estate matter, a personnel matter, and litigation.  The discussion of the 2009 compensation rate for ZHB solicitor Michael Shay was considered a personnel matter.  According to Kline, no action was taken during the session.  After it, however, Egolf made a motion, seconded by Nicholas, to set the rate of pay for attorney Michael Shay at $120/hour.  It was approved unanimously and the meeting was adjourned.

Please read Tony Nauroth (Express Times) for more on the ZHB solicitor's increase. 

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 Re-Org & Regular Meeting Notes - 1/5/2009

ANNUAL RE-ORGANIZATION MEETING

Every second class township is required to meet on the first Monday of the new year (unless if falls on the 1st that is) to re-organize and to elect a chairman, a vice chairman, and a secretary/treasurer.  This year the Board, did just that, it elected officers and voted on positions and appointments - although some were not without lengthy discussions and not all issues were resolved.  Supervisor Don Miller was absent (due to a death in his family.)   Tony Nauroth (Express Times) and Tom De Martini (Morning Call) were there. 

For 2009:

• Chairman - David Howell (3:1 with Chuss casting the dissenting vote)
• Vice Chairman - Bonnie Nicholas (4:0)
• Secretary/Treasurer - Bob Egolf (4:0)

PNC Bank and PLGIT were voted in as depositories for Forks Township. Signatures of either two Supervisors or one Supervisor and the Township Manager are required for withdrawals from accounts including from the general fund, the utility fund, the escrow account, the tax account, etc.

• Township Manager - Rick Schnaedter
• Assistant Secretary and Assistant Treasurer of the General Fund - NONE
• Township Solicitor - Karl Kline ($145/hr - up from $140 last year)
• Alternate Township Solicitor - Steve Goudsouzian ($145/hr - up from $140 last year)
• Solicitor for Zoning Hearing Board - Michael Shay
  • The first motion (by Chuss) was to appoint Michael Shay at $145/hr and it was withdrawn after discussion and replaced with two motions, one to appoint, and one for the $145 rate.  Nicholas said that the increase ($45/hr over last year's rate of $100/hr) is "over and above" what anyone else in the Township is getting.  Egolf concurred and for the same reason.
  • Chuss said that he thought that Michael Shay did an outstanding job in the "KMRD defense" and that "what the going rate is is what going rate is."  He added that if someone is doing less than expected the rate should be lowered and if more than expected, he should be paid a higher rate.  He said that Michael Shay is worthy of the going rate of $145/hr.
  • Nicholas agreed that Michael Shay does an excellent job and said that she worked with him on the Zoning Hearing Board (ZHB).  She thought that a 45% increase in a year where the Township has a tax increase cannot be justified. 
  • Egolf said that his aversion to the increase has nothing to do with attorney Shay's professional service for the ZHB but instead is because of the 2009 tax increase and because every department has been asked to hold the line.  Egolf said that he, too, worked with Shay on the ZHB and has the highest regard for him and for his ability.
  • Howell said that Shay's value to the Township is higher than $100/hr.  He added that attorney Shay wrote to the Board and asked for a pay raise.  Howell added that he does not recall Shay asking for any raise at all over the last five years.
  • Egolf said that although Shay did not name a figure, he did ask to be paid commensurate with the Township Solicitor's rate.  Egolf suggested that the Board have a discussion with him and ask exactly what he has in mind.
  • The motion to pay Michael Shay $145/hr resulted in a 2:2 tie (Chuss and Howell - aye, Nicholas and Egolf - nay) and therefore the motion did not carry.  No rate was set.
• Engineering Firm - Keystone Consulting Engineers (at fee schedule provided - approximately a 4% increase across the board)
• Township Engineer - Fred Hay (at $84/hr - up from $80 last year)
  • After the vote to approve passed, Egolf commented that it is important that the Board receive rate change requests in a timely manner.  The fax date on the Keystone rate advisory is 12/30/08.  The budget schedule was advertised, cuts were made, and taxes were raised.  Egolf thought that getting the request for increased rates on 12/30/08 is unprofessional. 
  • Hay replied that it was done the way it has always been done. 
  • Kline asked what date Egolf would like to see professionals' rates and Egolf asked (Finance Manager) Farley what date he begins the budget process.  Farley said that the budget for professional services is not tied to hourly rates but instead a cap is used.  If the cap is exceeded, the additional expense must be justified. 
  • Egolf said that the rates should be submitted at the same time as everything else being considered in the budget.  He said that if he were a Forks department head, he would feel "a little bit down" if he submitted his budget on time and followed all the rules and regulations and someone "waltzes in at the eleventh hour and gets an increase because they provide professional services."  He asked that rates be submitted in the future by November 1st.  Again, he said that this, as in the case of Michael Shay, has nothing to do with quality of work.  Egolf said that the Township gets the highest quality of work and professionalism from Keystone and from Mr. Hay. 
  • Nicholas said that the issue of getting rates sooner is on her list of things for the Finance Committee to consider.  The committee will be discussing it and also when to send letters to all professionals working for the Township to advise of their new rates. 
• Auditing Firm - France, Anderson, Basile & Company, P.C.
• Earned Income and Local Services Tax Collector - Mary Ann Kessler
• Assistant Collector - Anne Bennett-Morse
• Business Privilege Tax Collector - Sandi Rossi

The meeting schedules for the Standing Committees (of the BoS) were established as follows:

• Public Safety - first Tuesday (of the month) - 8:00 AM - it was since changed to the THIRD Tuesday at 8:00 AM per the legal notice. - Howell is chairman
• Finance & Administration - second Wednesday - 5:00 PM - Nicholas is chairman
• Community Relations - second Monday - 5:00 PM - Miller is chairman
• Parks & Recreation - second Monday - 6:00 PM - Egolf is chairman
• Public Works - second Tuesday - 7:30 AM - Chuss is chairman

All meetings will be held at the Municipal Building.

The 2009 meeting schedules for the Board and the Planning Commission were set. The Board of Supervisors will meet on the first and third Thursdays of the month at 7:30 PM with a possible third meeting (if necessary) on the fourth Thursday. Thirty or 60 minute workshops may be scheduled before or immediately after the regular meetings.

The Planning Commission will meet on the second Thursday at 7:00 PM and the workshop sessions, which will be treated in the same manner as regular meetings, are set for the fourth Tuesday of the month at 7:00 PM.

The Zoning Hearing Board will meet as needed on the second and third Mondays at 7:30 PM.  (Zoning Hearing notices are advertised on an individual basis.)

PEMA’s Emergency Operations Plan was re-adopted.  It is unchanged from last year.

More appointments:

• Emergency Management Coordinator - Richard Bassett
• Assistant Emergency Management Coordinators - Tim Weis & Greg Dorney

The Board authorized payment of routine bills that may have penalties or interest if they are not paid before the next BoS meeting.

The Municipal Building's daily hours (open the public) were set at 7:30 AM - 4:30 PM Monday through Friday. Office employees’ hours range between 7:30 AM to 4:30 PM.  Hours for the Director of Public Works and for Public Works employees can vary from the standard hours (due to inclement weather, etc.)

Yet More Appointments:

• Fire Chief - Bryan Weis
• Deputy Fire Chief - Charles Chapman
• Zoning Enforcement Officer, Building Code Official - Tim Weis
• Flood Plain Permit Officer - Christopher Noll (and alternate Fred Hay) - Keystone Consulting Engineers
• Assistant Zoning Officers - Matt Miller & Loretta Fuehrer 
• Sewer Enforcement Officer - Chris Noll, primary with Fred Hay & Lisa Kern as alternates, Keystone Consulting Engineers
• Electrical Inspectors - Keystone Electrical Inspectors

The wages & benefits packages of both the uniformed (police) and non-uniformed employees were re-affirmed.

The following appointments were made - all votes were 4:0:

• Vacancy Board - Henning Holmgaard - one year term - (incumbent and only applicant - no interview)
• Zoning Hearing Board - Louis Moyer - 5 year term - (incumbent and only applicant - no interview)
• Planning Commission - Larry Kirsten - 4 year term - (only applicant and familiar to all Supervisors because of frequent meeting attendance - no interview)
• Recreation Board - Carl Scerbo - 5 year term - (incumbent - only applicant with an on-time application submission - no interview)
  • Discussion ensued over this appointment because an additional application was received from Ty Corallo.  It was dated January 1st, after the December 29 advertised deadline.  According to Schnaedter, "it was dropped at the counter."
  • Chuss said that he knows both applicants and both are "really good individuals."  He would like the opportunity to review Mr. Corallo's application, although Carl Scerbo did meet the deadline and it "would be a legitimate concern."  Chuss suggested that the Board consider asking Mr. Scerbo if he had any objection to the Board reviewing both applications and making a decision at a later date.  If Mr. Scerbo has an issue with that, though, Chuss thought that the Board should support his concern and appoint him. 
  • Nicholas said that she was concerned that he (Corallo) did not meet the deadline but if Scerbo has no objection, the Supervisors could interview both candidates before the next BoS meeting.
  • Chuss made a motion to table this appointment and to have Schnaedter contact Mr. Scerbo and see if he has any issue with interviewing the other candidate (since Corallo's application was late) and depending upon Mr. Scerbo's response, a decision can be made. 
  • Nicholas seconded for discussion and asked if the interviews would be at a workshop before the next BoS meeting - to avoid further delay. 
  • Egolf said that he was very uncomfortable with this (motion) because the opening was advertised, money was paid for the ad, and a deadline was specified.  He said, "It would be nice to get additional people involved in the Recreation Board... but the plane took off."  He wondered, too, about any legal ramifications.  Kline noted that whatever process is used, it must be fair to everybody.  If the Board extends the deadline for Mr. Corallo, others may say that they would have submitted under the extended deadline.  Kline said that to be fair to all, either the 29th was the deadline and no additional applications should be accepted or the Board can re-advertise with an extended deadline so that everyone has an equal opportunity to apply.
  • Howell said that this motion puts the burden on Mr. Scerbo. 
  • The vote on the motion was 0:4.
  • Another motion was made to appoint Carl Scerbo to the five year term and it passed 4:0.

Lastly, these appointments were made:

• Board of Supervisors' Voting Representative at PSATS (Pennsylvania State Association of Township Supervisors) Annual Convention - Rick Schnaedter
• Principal to attend TRCOGS (Two Rivers Council of Governments) quarterly meetings - David Howell
• Alternate to attend TRCOGS - Bob Egolf

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

REGULAR BOARD OF SUPERVISORS MEETING

Agenda

Public Comments (non-agenda) - none

Supervisors Comments

• Chairman Howell asked if the Board is getting new calendars   Schnaedter said, "Yes."
• Sandy Hanks (audience) asked about the status of the Meco/Sullivan traffic light and was told by Schnaedter that he was in contact with "Melissa" from PennDOT who has volunteered to host a meeting at PennDOT with the principal parties involved.  She sent an email with dates and Mr. Leiser and Schnaedter have responded.  Hay will contact her tomorrow.  They hope to have the meeting next week to resolve the issue.  

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.  The Township's current outstanding debt is $7,382,099.

Standing Committee Reports:

• Public Safety - Supervisor Howell said that the first meeting (although not yet advertised) will be tomorrow to talk about the year.
• Public Works - Supervisor Chuss - no report
• Parks & Recreation - Supervisor Egolf - no report
• Community Relations - Supervisor Miller - absent
• Finance & Administration - Supervisor Nicholas - announced that the first meeting will be on Wednesday, January 14th at 5 PM.

Township Manager's Report - Schnaedter said that the winter edition of the Forks Quarterly was out in time and should have been received by residents.  He also said that he is waiting to hear from Congressman Dent's office regarding the status of 2009 grant appropriations.

Engineer's Report - Hay - No report.

Solicitor's Report - Kline - reported that "as expected" KMRD filed an appeal to the ZHB decision in the substantive challenge to the 2006 Zoning Ordinance.  The ZHB, "after many, many hearings," rejected all of KMRD's challenges.  The 31 page appeal was received last week and assigns about 50 different errors in conclusions of law.  Kline said that none of it is a surprise and that all of the issues were issues KMRD raised during the hearings. 

Kline said that he sent a copy of the appeal to the Supervisors.  There are 150 pages of exhibits (not included in the copy to the Supervisors but available to them if they want them.)  He affirmed the Township's intent to vigorously defend its position that the 2006 Zoning Ordinance is valid and should be upheld.

Howell asked how the appeal process works.  Kline said that basically, the record is closed and the court will now have the "opportunity and pleasure to read the transcripts of all the hearings" from 2006-2008 and, if the court believes that there should be more testimony, it can remand to the ZHB for more hearings.  He added that attorney Shay bent over backwards to let KMRD present all the testimony it wanted to present.

KMRD has filed its appeal and now the Township will file its answer to the appeal disputing the issues raised by KMRD.  Then both KMRD and the Township will submit briefs.  Next there is opportunity for oral argument before the judge.  It will be at least a month from now and Kline will notify the BoS when the anticipated date is to be. 

UNFINISHED BUSINESS

Conditional Use decision – The Brake Shops of Lehigh Valley, Inc. (Karl Kline, Solicitor) - Kline said that this is the written decision of the Board's unanimous conditional use approval.  It was approved and accepted for signature in a 4:0 vote.

Ordinance # 311 – EAJSA Regulations (Karl Kline, Solicitor) - Kline explained that the EAJSA (Easton Area Joint Sewer Authority) under the recommendation of the EPA and DEP, adopted regulations regarding industrial pre-treatment and for streamlining the entire process.  All member municipalities are required to ratify the EAJSA resolution either by ordinance or resolution.  Because the Township has approved EAJSA actions  by ordinance in the past, an ordinance was needed for this.  It has been properly advertised.  The vote to ratify was 4:0.

NEW BUSINESS

Lafayette College Contract - Goals, Roles, and Expectations Program (Rick Schnaedter, Township Manager) - Schnaedter said that he received the contract for the "Goals, Roles, and Expectations Program" from Lafayette College.  The contract contains the scope of the services and a provision that the Township will provide accurate information in discussion of goals as well as proof of liability insurance (from both the Township and Lafayette).  The seminar is scheduled for Saturday, January 24th at a cost of $65/hr with a not to exceed amount of $1,000.  Nicholas asked about the start time and Schnaedter said that it is up to the Board but it is recommended that it have an early start and end early afternoon.  Kline reviewed the contract and said that everything was fine.  The motion to sign was approved 4:0.

Executive Session - was held to discuss pending litigation and a real estate matter.  No action was taken during the session.  After it though, a 4:0 vote was made to approve authorizing the tentative settlement reached by the Township's insurer in the case of accident victim James Stitt against the Township and against police officer, Jeremy McClymont (who resigned in December 2007).  Mr. Stitt sued both the police officer and Forks Township and in order to proceed with the settlement, the insurer needs the authorization of the Board of Supervisors.  The terms of the settlement are not yet known.

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.

2009 - KMRD filed its appeal!

No one thought it would be over after the Zoning Hearing Board (ZHB) ruled in favor of Forks Township in the KMRD/Kings Mill substantive challenge to Forks Township's Zoning Ordinance.  Not really.  And, true to his word, KMRD's legal council (and a principal in KMRD), attorney John VanLuvanee, has filed an appeal of the ZHB decision with the Northampton County Court of Common Pleas.

Read Riley Yates' January 2nd account in the Morning Call for all the details.  And, remember, "It ain't over till it's over." (Yogi Berra)

Upcoming vacancies. You are needed! Apply by Dec. 29th

According to the roster of appointed boards and commissions posted on the Forks Township website, terms are expiring December 31st on the following:

• Planning Commission
• Zoning Hearing Board
• Recreation Board

Each has one upcoming vacancy.  These are appointed positions and not elected ones so you must let the Township know that you are interested and want to serve.  The Board of Supervisors reviews letters of interest and conducts interviews before making appointments. 

The application deadline is December 29th.  So... get your application letter polished and send it to Township Manager Rick Schnaedter.  Be sure to include your background and what you hope to bring to the Planning Commission, Zoning Hearing Board, or the Recreation Board. 

Send your letter by regular mail, email, or hand deliver it yourself.  Don't dawdle.  Be part of the solution. 

2009 is just around the corner!