FORKS TOWNSHIP BOARD OF SUPERVISORS Northampton County, Pennsylvania. January 15 th, 2015

Transcription

1 0// FORKS TOWNSHIP BOARD OF SUPERVISORS Northampton County, Pennsylvania January th, 0 MEETING GENERALITIES: The Forks Township Board of Supervisors met at the Municipal Building, 0 Sullivan Trail, Easton, Pennsylvania on this date. Vice Chairman Ed Moore called the regular meeting of the Board to order at :00 P.M. with the Pledge of Allegiance. Board Members present Dan Martyak, Supervisor Bob Egolf, Secretary/Treasurer Erik Chuss, Supervisor Ed Moore, Vice Chairman Others present John V. Cornell, Township Manager Barb Bartek, Human Resource Manager James Farley, Finance Administrator Tim Weis, Building & Zoning Official Greg Dorney, Chief of Police Rachel Sulzbach, Parks and Recreation Director Bill Carver, Deputy Fire Chief Wendy Nicolosi, Solicitor Scott Muller, Engineer Absent John O Neil, Chairman Mark Roberts, Public Works Director Bryan Weis, Fire Chief MINUTES OF THE PREVIOUS BOARD MEETINGS: Minutes of the Board of Supervisors regular meeting of: December th, 0 Supervisor Erik Chuss: Page # ; line # check on spelling Katharina Fina or Katharine Fina There being no further corrections Supervisor Erik Chuss made a motion to approve the minutes as corrected; seconded by Supervisor Bob Egolf. Vote Called: [ 0 ]

2 0// Minutes of the Board of Supervisors Re-Organizational Meeting of: January th, 0 There being no corrections Supervisor Erik Chuss made a motion to approve the minutes as written; seconded by Supervisor Bob Egolf. Vote Called: [ 0 ] Public Comment: Charles Hanson Could not hear (did not speak in microphone) Sheila Gallagher - Could not hear (did not speak in microphone) voice not clear; static in background Supervisor Moore asked if there have been any other updates; Solicitor Nicolosi said they have supplied information and are contending on proceeding under Forks Township Land Development. Supervisor Moore asked Ms. Gallaher to contact the Township Manager, John Cornell with any further updates. Thomas Church 0 North Delaware Drive: local zoning permits, DEP, state and local laws of planned approvals, Supervisors Comments: Vacancy on Recreation Board; Supervisor Ed Moore proposed a motion to appoint Mr. Fran Tone seconded by Supervisor Dan Martyak Vote Called: [ 0 ] Supervisor Chuss noted the Township received sizeable recycling grant monies available; Mr. Farley said $0,000 was awarded through recycling grants available from the State. Mr. Farley said the Recycling Coordinator Cindy Otis. Supervisor Ed Moore then spoke about the recent newspaper article about the Fire Relief Association Audit, the Fire fighters fire tower, he also spoke of the manager s report and the accomplishments of 0. INVITED GUEST: Planning Commission Report - Tim Weis reminded everyone of the January th workshop with Planning Commission and invited the Supervisors to attend to discuss the street scape design. Recreation Board Report - No meeting BCAF Report - Mr. Cornell reported BCAF met yesterday, the first meeting in 0; Supervisor Egolf s first meeting as a representative for BCAF; BCAF discussed the business guide,

3 0// welcome signs, outreach committee, fund raising committee, Casino night March th, 0, Chamber update, the upcoming snowball event, social media seminar with John Ezak, June 0 th tour Inside Look Follett Corporation, and no report from the Arts Society. TRCOG Report Mr. Cornell reported there is a meeting January st 0. They will 0 officers, approve minutes, provide municipal updates, discuss the status of the gaming grant and Act Tax Freeze. Treasurer s Report: Bob Egolf, Secretary/Treasurer Total Outstanding Debt...$,,.00 General Fund.. $ 0,.00 [--] $,. [0] $,0.0 [ 0--] Real Estate Tax.. $ 0.00 $ 0.00 $,0. Utility Fund...$,. $,. $,. State Liquid Fuels.. $ 0,0. $.00 $. Escrow Fund. $ 0.00 $,0. $ 0.00 Supervisor Bob Egolf made a motion to approve payments from the three dates above; seconded by Supervisor Dan Martyak. Vote Called: [ 0 ] OLD BUSINESS 0. Zoning Ordinance Amendment Contractor Services as a Conditional Use (Solicitor Wendy Nicolosi) Proposed Amendment to the Zoning Ordinance would establish the Contractor Services Use in the OR & FP zoning districts by way of a Conditional Use Hearing before the Board of Supervisors. Solicitor Wendy Nicolosi opened the hearing for proposed zoning ordinance amendment; Wendy explained Township resident David Kolb petitioned for an alternative amendment for the OR district, presented to the LVPC (Lehigh Valley Planning Commission) however they took no position and LVPC stated this is a local concern only. The ordinance was properly advertised, zoning text amendment to allow G contractor service, conditions of minimum lot area of 0 acres, buffering to be installed, no outside storage or commercial vehicles, and no retail sales from the premises. Wendy then turned the matter over to the Attorney Freedberg who is representing the petitioner. Attorney Freedberg then spoke on behalf of Mr. Kolb; and stated his clients concern that only members of the Board were present and requested to defer the hearing until all five members of the board are in attendance. Solicitor Nicolosi recommended that the

4 0// hearing be continued at the request of the applicant until the February th meeting. Supervisor Erik Chuss made a motion to continue the hearing until the Supervisors February th 0meeting; seconded by Supervisor Dan Martyak. Vote Called: [ 0 ] Discussion: Supervisor Martyak then questioned if it is proper protocol to reschedule the hearing, Supervisor Chuss said this matter would be a change to the zoning ordinance; the applicant would still be subject if this amendment does goes through to allow a general use in this district; input received from the planning commission; and they have given their recommendation. Solicitor Nicolosi stated the hearing could take place and defer the vote to a later date. Atty. Freedberg said he has a concern with continuing this evening; and would like to avoid the possibility of a tie vote that is the reason for his request. Supervisor Egolf agreed that would be fair. Comment: Supervisor Dan Martyak asked that if there are any known absences of any supervisor for the February th meeting, to notify Attorney Freedberg as well and Mr. Kolb immediately; All Agreed. 0. Consideration of liquor license transfer Giovanni Restaurant Services LLC (Solicitor Wendy Nicolosi) The Township is in receipt of a request to transfer a liquor license from 0- Wyandotte Street, st floor Bethlehem Pa 0 to 00 Sullivan Trail Easton Pa 00 Solicitor Wendy Nicolosi opened the hearing for a liquor license transfer. She explained this is an inter-municipal transfer; in the same county, transferring from Bethlehem Township to Forks, Township. Once a request is received, the Township is required to hold a public hearing for public comment. Solicitor Nicolosi presented a draft ordinance amendment, which had been properly advertise and is within the required days. Wendy then turned the matter over to Attorney Piperato who represents the applicant; Attorney Piperato approached the podium and moved into testimony. Following swearing-in, Mr. Richard Bartolacci spoke as the owner and sole member of a limited liability known as Giovanni s Restaurant who is the purchaser of the liquor license with the agreement of sale, condition of the agreement of sale is for the transfer of liquor license from Fionn Inc. who previously held the liquor license at 0- Wyandotte Street, Bethlehem to be transferred; known as liquor license R-0 to a facility located at 00 Sullivan Trail; Park Plaza on the rear and east side of the Plaza, he also described the property and what surrounds the area with a proposed outside dining area to this facility as well as inside dining, the nearest school is Forks Elementary, Mr. Bartolacci testified to the nearest residence, church, closest park and recreation areas, as well as other tenants in the plaza, Big Woody s is the closest other business who also hold a liquor license, and spoke to any adverse effect on community. Next witness Mike Picheto- South rd said he is the proposed user and operator of the liquor license at 00 Sullivan Trail, he spoke of how long he has been in the restaurant business, he

5 0// previously was a chef at rd Street Fish Market, intends to move Vintage Restaurant into this facility, the restaurant will accommodate up to 0 persons, and employ up to approximately people, outside dining, cocktail receptions, weddings, etc. should be in operation by April or May, asked if there would possibly be any music and/or sound out casted outside; Mr. Picheto answered only as zoning allows. There being no further comment and or questions the hearing was closed. Solicitor Nicolosi said the Ordinance has been prepared for the supervisors to either agree to transfer or not; otherwise deemed approved. The ordinance will be numbered as the next ordinance in Ordinance book, and the content of the new ordinance was read aloud by Vice Chairman Ed Moore. Supervisor Erik Chuss made the motion to approve the liquor license transfer to 00 Sullivan Trail, seconded by Supervisor Bob Egolf. Vote Called: [ 0 ] Solicitor Nicolosi asked that Supervisor Ed Moore sign the Ordinance as Vice Chairman before they leave so they can submit it in tomorrow. 0. Cash Balance Pension Plan Continued Discussion (John Cornell/Jim Farley) On December, 0 in conjunction with 0, year financial forecast the Board of Supervisors discussed implementation of a cash balance pension plan for new hires and setting contribution rates. Mr. Cornell reported this had been discussed at the December meeting however he was not present; therefore he explained the existing non-uniform Defined Benefit Plan and municipal pensions, also discussed an article in the Express Times in reference to municipal pensions and debt; and had copies of the article available for the board. He went on to discuss a defined benefit and its meaning. He explained there is a formula based on years of service, wages and certain percentages. From an employer perspective the unknown costs is market performance. Other municipalities are struggling since the stock market went down, and pensions become underfunded and distressed. A lot of cities across the country are borrowing money and trying to to find ways to make changes. Within the packets was a comparison of neighboring municipalities and those that already have the cash balance plan in place, and said what we are proposing and suggesting is a cash balance plan for new hires. State pension law prohibits taking away benefits from existing employees from their pension. However changes can be made for new hires. A questionnaire is sent to PMRS (Pennsylvania Municipal Retirement System) and they will take that information and craft an ordinance amendment for the cash balance plan. Two questions that need to be answered:. What the new employees obligations are to contribute to the plan?. What the township obligations and annual contribution are.? Once the plan/ordinance is in place based on wages; it is equivalent to a 0K; how the markets perform determines the benefit when the employee retires. Employees in the cash balance plans could receive a greater benefit than the existing plan based on market rates. The employer is more protected with set contribution rates, the trend is to going to a cash balance plan plans. Finance Director Jim Farley stated historically the township has contributed approximately% to maintain the defined benefit. The Board discussed employees contributing; choosing investments, capping contributions, the

6 0// opportunity to have a sizeable pension plan based on rates. Jim Farley, Finance Director suggested new employees coming in be allowed to contribute as much as they want; no need to set a number if capped. Mr. Cornell shared his experience with another municipality with cash balance plan. Employees over 0 can pick plan A or plan B. The Board further discussed adjusting the future contributions, actual contributions, It was noted historically contributions have been waived, Mr. Chuss commented on the private sector versus public sector and fairness to the residents, and possibly drafting the proposed ordinance to start discussion. Lastly it was agreed staff would complete the survey and forward same to PMRS to complete a draft. NEW BUSINESS 0. NONE DEPARTMENT MANAGER REPORTS TOWNSHIP MANAGER S REPORT: (John V. Cornell) Mr. Cornell presented a 0 annual report of all the Township accomplishments throughout 0 and gave a few samples: Land Development - ten plans; all approved Legislative actions: Weed Ordinance, Service Revolvers, Saldo & Zoning Ordinance, Sullivan Trail Waiver request. Recreation grants: baseball resurfacing, playground resurfacing, lighting, Community days, cottage upgrade, maintenance contract on amphitheatre. Presentations: Police, Cheerleading Squad, Merchants Bank Girl Scouts, etc. Awarding paving and seal coats, sewer bid Sullivan Trail and Wagon Wheel, new PennDot reporting, Others: Braden Airpark discussion, tax millage freeze discussion, Vietnam vets donations, Bushkill Conservancy, upgrade on utility billing, traffic calming, radar, Northampton County SPCA, Capital Equipment, cell tower, farm land preservation, security regulatory, cash balance plan, park and recreation revised ordinance, Sullivan Trail street scape, old sewage management, public works completion, ongoing staff evaluation and restructuring, etc. FINANCE DIRECTOR REPORT: (Jim Farley) Mr. Farley noted the financial report in the packet and discussed licensing, permits, fines, revenues, local service taxes, earned income taxes, cable franchise fees, significant overage in mercantile tax, building permits,, escrow funds, expenses, warranties, repairs, auditor discussions, utility billing software, and credit card payment system, fund balances, and deficits. HUMAN RESOURCE DEPARTMENT: (Barb Bartek, Human Resources Manager) Report in packet; also advertised for Park Manager to replace a retired employee

7 0// PUBLIC WORKS DEPARTMENT: (Mark Roberts, Public Works Director) Report in packet ZONING DEPARTMENT: (Tim Weis, Building & Zoning Official) Report in packet PARKS & RECREATION DEPARTMENT: (Rachel Sulzbach, Parks & Recreation Director) Report in packet, comparison report, and thanks to Merchants Bank for their donation POLICE DEPARTMENT: (Police Chief, Greg Dorney) Start attending mandatory update training and should be done by February; Easton Area School District has a new officer as well; and thanked Solicitor for all her work on the Right to know appeal FIRE DEPARTMENT: (Fire Chief, Bryan Weis) Report in packet ENGINEER S REPORT: (Scott Muller, Engineer) Green Light Go Grant to update traffic signals to LED, in the process of filing plans, LED lights less maintenance and tend to work better. OLDS Ordinance next step is to update ordinance; will be coming up in February or March. SOLICITOR S REPORT: (Wendy Nicolosi, Solicitor) Straight Arrow Land Development to be signed; inquiry how to advise on Victaulic matter, developer agreements, phases not related, deferred parking lot and fees until they decide to add second floor; how should she advise on security for parking lot and second floor until they receive permits; unless directed otherwise will continue to do as always, or agreement put in place to secure everything, what they are building, or post security at a later time. Discussed square footage, require all upfront, asphalt to parking lot, provide cost estimate and secure whatever is on secure plan. Also she said she has been the Solicitor for 0 her first full year; and thanked the Board of Supervisors. ADJOURNMENT: There being nothing further to discuss the meeting was adjourned at :PM. Executive Session: None Minutes transcribed by Debi Knesz, Admn. Asst.