Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
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In Re: Regular Business Meeting
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Tobyhanna Township Government Center Building
State Avenue
Pocono Pines, Pennsylvania 18350
Monday, January 14, 2008 beginning at 7:02 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
HUGH LAMBERTON, Board Member
JAMIE B. KEENER, Board Member
DONALD J. MOYER, Board Member
JOHN B. RICE, ESQUIRE, Solicitor
ALSO PRESENT: PATRICK M. ARMSTRONG, ESQUIRE
PHYLLIS HAASE, Zoning Officer
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______________________________________________________________
PANKO REPORTING
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
2
1 MR. KERRICK: I'd like to welcome
2 everyone here to the regular business meeting
3 before the board of supervisors of Tobyhanna
4 Township, January 14, 2008. I'd like to call the
5 meeting to order with a pledge of allegiance.
6 (Pledge of allegiance was recited.)
7 MR. KERRICK: First item I'd like to
8 take care of, announce that we had an executive
9 session January 14, so that would be this evening,
10 from 5 p.m. to 6 p.m. on pending litigation
11 matters.
12 Next on our agenda, consider the
13 minutes of November 12, 2007 regular business
14 meeting. What's the board's pleasure?
15 MR. LAMBERTON: I'll make a motion
16 that we approve the minutes of November 12, 2007.
17 MS. PICKARD: I'll second the motion
18 with the addition of a couple of corrections. On
19 Page 6, Line 22 should read occupancy; Page 8, Line
20 5 should read Achterman, A-c-h-t-e-r-m-a-n; Page
21 22, Line 18 should read Ferncrest; Page 29, Line 1
22 should be Lot 100.
23 MR. KERRICK: Do you amend your
24 motion?
25 MR. LAMBERTON: I'll amend my
3
1 motion.
2 MR. KERRICK: Motion and second on
3 the floor.
4 Any questions from the board?
5 Questions or comments from the
6 public?
7 Call the vote?
8 Jamie?
9 MR. KEENER: I vote in favor.
10 MR. KERRICK: Donny?
11 MR. MOYER: I vote in favor.
12 MR. KERRICK: Hugh?
13 MR. LAMBERTON: I vote in favor.
14 MR. KERRICK: Heidi?
15 MS. PICKARD: I vote in favor.
16 MR. KERRICK: Motion carried.
17 Next on our agenda, bill pack dated
18 January 14, 2008. Total amount for board approval
19 $659,487.79.
20 MS. PICKARD: I make the motion we
21 approve the January 14, 2008 bill pack in the
22 amount of $659,487.79.
23 MR. KEENER: Second.
24 MR. KERRICK: Motion and second.
25 Any questions or comments from the
4
1 board?
2 Questions or comments from the
3 public on the motion?
4 Call the vote?
5 Jaime?
6 MR. KEENER: I vote in favor.
7 MR. KERRICK: Donny?
8 MR. MOYER: I vote in favor.
9 MR. KERRICK: Hugh?
10 MR. LAMBERTON: I vote in favor.
11 MR. KERRICK: Heidi?
12 MS. PICKARD: I vote in favor.
13 MR. KERRICK: I'll vote in favor.
14 Motion carried.
15 Next on our agenda, solicitor's
16 report. Do you have anything tonight?
17 MR. RICE: Nothing tonight.
18 MR. KERRICK: Next, new business.
19 First item of business, professional services
20 agreement, Northeast Pennsylvania, SMSA, Limited
21 Partnership, doing business as Verizon Wireless. I
22 need a motion.
23 MR. KEENER: I make a motion we
24 approve the professional services agreement dated
25 December 27, 2007 for Northeast Pennsylvania SMSA,
5
1 Limited Partnership, doing business as Verizon
2 Wireless.
3 MR. MOYER: I second.
4 MR. KERRICK: Motion and second on
5 the floor.
6 Any questions or comments from the
7 board?
8 Questions or comments from the
9 public on the motion?
10 Call the vote?
11 Jamie?
12 MR. KEENER: I vote in favor.
13 MR. KERRICK: Donny?
14 MR. MOYER: I vote in favor.
15 MR. KERRICK: Hugh?
16 MR. LAMBERTON: I vote in favor.
17 MR. KERRICK: Heidi?
18 MS. PICKARD: I vote in favor.
19 MR. KERRICK: I'll vote in favor.
20 Motion carried.
21 Next item on our agenda, Brick City
22 Associates professional services agreement. Same
23 thing, I need a motion to accept.
24 MR. KEENER: I make a motion we
25 approve the professional services agreement dated
6
1 December 13, 2007 for Brick City Associates, LLC.
2 MR. LAMBERTON: Second the motion.
3 MR. KERRICK: Motion and second.
4 Any questions or comments from the
5 board on the motion?
6 Questions or comments from the
7 public on the motion? Questions or comments from
8 the public?
9 Call the vote?
10 Jamie?
11 MR. KEENER: I vote in favor.
12 MR. KERRICK: Donny?
13 MR. MOYER: I vote in favor.
14 MR. KERRICK: Hugh?
15 MR. LAMBERTON: I vote in favor.
16 MR. KERRICK: Heidi?
17 MS. PICKARD: I vote in favor.
18 MR. KERRICK: I'll vote in. Motion
19 carried.
20 Next item on our agenda, zoning
21 hearing board appointments. We have a remaining
22 term.
23 This is August?
24 MS. PICKARD: (Nodded.)
25 MR. KERRICK: '08, and we have an
7
1 expired term to appoint. What's the board's
2 pleasure?
3 MS. PICKARD: I'll make a motion
4 that we reappoint Chris Matirko to the zoning
5 hearing board for an additional term. And I'll
6 make a motion that we appoint Anne Sincavage to
7 fill the unexpired term of Mr. Edward F. Burns,
8 which runs until August of '08.
9 MR. KERRICK: We have a motion on
10 the floor for Chris Matirko and Anne Sincavage.
11 MR. KEENER: Second.
12 MR. KERRICK: And we have a second.
13 Questions or comments from the
14 board?
15 Questions or comments from the
16 public on the motion?
17 Call the vote?
18 Jamie?
19 MR. KEENER: I vote in favor.
20 MR. KERRICK: Donny?
21 MR. MOYER: I vote in favor.
22 MR. KERRICK: Hugh?
23 MR. LAMBERTON: I vote in favor.
24 MR. KERRICK: Heidi?
25 MS. PICKARD: I vote in favor.
8
1 MR. KERRICK: And I'll vote in
2 favor. Motion carried.
3 Next or our agenda, Pinecrest Lake
4 Homes Phase 1C, letter of credit reduction Nos. 10
5 and 11. What's the board's pleasure?
6 MS. PICKARD: I'll make a motion
7 that we approve the Pinecrest Lake Homes letter of
8 credit No. 170022051 in the amount of $64,047 for
9 No. 10; and No. 11 in the amount of $11,300.
10 MR. KERRICK: Motion on the floor.
11 Do we have a second?
12 MR. LAMBERTON: Second the motion.
13 MR. KERRICK: Questions or comments
14 from the board on the motion?
15 Questions or -- I'm sorry?
16 MR. KEENER: The only question I
17 have, talk about a letter of credit in the amount
18 of $157,000. And then in the Attachment A shows
19 the cost of 843,000. Was this letter of credit of
20 a proportion of the overall, I'm assuming, or is
21 that the balance?
22 MS. PICKARD: The balance is
23 $81,757.69.
24 Are you saying 843,000 was the
25 original amount?
9
1 MR. KEENER: Well, if you look at
2 the cost estimate, that's the infrastructure that
3 the bond reduction in new construction costs. And
4 we have bond reduction cost on No. 10, but the
5 cover letter says letter of credit. The number you
6 gave is the amount of 157,104.69.
7 MS. PICKARD: That was after the
8 previous nine reductions.
9 MR. RICE: That's what it looks like
10 to me. It looks like there's 157,104.69 left and
11 this reduction is 64,000 of that.
12 MR. KEENER: But if you look at that
13 cost estimate --
14 MR. RICE: It started at 843.
15 MR. KEENER: -- it started at 843,
16 and in the percent complete column everything is a
17 hundred percent.
18 MR. RICE: Yeah, I don't -- I don't
19 know. Without Bob here to explain that --
20 MR. KERRICK: There's a retainer to
21 the end for one year.
22 MR. KEENER: Okay. So the 157 is
23 the amount of the retainage, the 15 percent?
24 MR. KERRICK: I believe. I don't
25 have a calculator in front of me.
10
1 MS. PICKARD: That was the amount
2 prior to the $64,000 withdrawal and the 11,000. So
3 if you look at the last page in your packet, from
4 January 11, the letter to Margie from the bank
5 shows the final amount available now to be 81,757.
6 MR. KEENER: Okay. That's what --
7 MS. PICKARD: After those two
8 payments.
9 MR. KEENER: That's what we'll have
10 in the balance?
11 MS. PICKARD: Mm-hmm.
12 MR. KERRICK: Okay. Questions or
13 comments from the public?
14 Call the vote?
15 Jamie?
16 MR. KEENER: I vote in favor.
17 MR. KERRICK: Donny?
18 MR. MOYER: I vote in favor.
19 MR. KERRICK: Hugh?
20 MR. LAMBERTON: I vote in favor.
21 MR. KERRICK: Heidi?
22 MS. PICKARD: I vote in favor.
23 MR. KERRICK: I'll vote in favor.
24 Motion carried.
25 Next on our agenda, William
11
1 Blakeslee subdivision time waiver.
2 (Discussion off the record.)
3 MS. PICKARD: I'll make a motion
4 that we approve the time waiver for William
5 Blakeslee subdivision, Pyramid Network Services,
6 and Pocono Manor Resort's PRD.
7 MR. KERRICK: Motion on the floor
8 for the three time waivers. Do we have a second?
9 MR. MOYER: I'll second.
10 MR. KERRICK: Questions or comments
11 from the board on the motion?
12 Questions or comments from the
13 public on the motion?
14 Call the vote?
15 Jamie?
16 MR. KEENER: I abstain.
17 MR. KERRICK: Donny?
18 MR. MOYER: I vote in favor.
19 MR. KERRICK: Hugh?
20 MR. LAMBERTON: I vote in favor.
21 MR. KERRICK: Heidi?
22 MS. PICKARD: I will vote in favor.
23 MR. KERRICK: I'll vote in favor.
24 Motion carried.
25 Next on our agenda, Michael's Carpet
12
1 land development plan. I believe the outstanding
2 issue is easement. There should be a copy of that
3 in your packet. If I'm not mistaken that was the
4 outstanding issue.
5 Do we have any other questions or
6 comments?
7 MS. PICKARD: I'll make a motion
8 that we approve the Michael's Carpet land
9 development plan project No. 2005-004, subject to
10 the items listed in Mr. McHale's review letter No.
11 2 dated May 31, 2007; and the findings of the
12 zoning hearing board which is dated October 10,
13 2007; subject to the decisions of the zoning
14 hearing board, the access easement provided to the
15 adjoining property, a waiver granted of SALDO
16 Section 135-3A(D) and the review letter, that's it.
17 MR. KERRICK: We have a motion. Do
18 we have a second?
19 MR. KEENER: Second.
20 MR. KERRICK: Motion and second.
21 Questions or comments from the
22 board?
23 MS. HAASE: Mr. Chairman?
24 MR. KERRICK: Yes.
25 MS. HAASE: We received the easement
13
1 agreement; however, to date it has not been
2 recorded, just to advise the board.
3 MS. PICKARD: I'll amend my motion
4 to have an easement recorded.
5 MR. KERRICK: Do you amend your
6 second?
7 MR. KEENER: Yes.
8 MR. KERRICK: Any other questions or
9 comments from the public?
10 Call the vote?
11 Jamie?
12 MR. KEENER: I vote in favor.
13 MR. KERRICK: Donny?
14 MR. MOYER: I vote in favor.
15 MR. KERRICK: Hugh?
16 MR. LAMBERTON: I vote in favor.
17 MR. KERRICK: Heidi?
18 MS. PICKARD: I vote in favor.
19 MR. KERRICK: I'll vote in favor.
20 Motion carried.
21 Next on our agenda, Gearhart
22 Properties, LLC amendment to moose crossing phasing
23 plan.
24 MR. HENRY R. GEARHART: My name is
25 Henry Gearhart, that's G-e-a-r-h-a-r-t. And I'm
14
1 requesting an amendment to the phasing plan of
2 Gearhart Properties, LLC for moose crossing land
3 development plan, which was approved by the board
4 of supervisors on December 11, 2006 and recorded in
5 the Recorders Office of Monroe County in
6 Pennsylvania.
7 The amendment is in a letter format
8 which I sent in dated December 13, which I assume
9 everybody has. And just to refresh as far as our
10 phasing plan, Phase 1, which is completed, was the
11 site improvement, all the cement slabs, the storage
12 Buildings A, B, C, D and I, the binding course and
13 also the temporary office and site lighting. And
14 that's -- A, B, C, D and I are completed. All the
15 binding course is done on the entire project and we
16 have the site lighting in place.
17 Phase 2, which we're hoping to start
18 within the next couple of weeks, would be the
19 Buildings E, F, G and H. The wearing pavement
20 course within the fenced in area, and that would be
21 in the red E, F, G and H. And also in the yellow
22 is the wearing course which actually we're taking
23 out past the gate a little bit further, is what
24 that would be.
25 And Phase 3 is the relocation of the
15
1 temporary office, the retail building, the 17
2 spaces in the back, the finishing the basin over
3 here, Basin 2 and installing the remaining wearing
4 course on the front.
5 And basically what I'm asking is
6 just a change in two dates; everything else stays
7 exactly the same. Phase 2 we had an anticipated
8 completion date of September 2007. Phase 3 we had
9 an anticipated date of completion, December 2008.
10 What we're requesting is Phase 2 to have June 2,
11 2008 and also Phase 3 would be June 2010.
12 There's one other request that I
13 would like to make at this time. I'd like to pass
14 this out to you. The builder tells me that because
15 of the cement slabs and everything being completed
16 they're going to be able to put these buildings up
17 probably in three to four weeks' time. And they do
18 do it, they just shovel the snow off, whatever. My
19 concern is, in talking with the Sincavage
20 Corporation, the best time to put the wearing
21 course down is probably more in May.
22 And I was asking if I could get like
23 a temporary C.O. to get the project going and open,
24 and I would provide a bond or letter of credit in
25 the amount of $30,100 that you see in front of you.
16
1 That quote is from January 2, 2008, so it is a
2 current quote. And I would make sure that it is
3 completed in the time frame that's stated here,
4 which is June 2008. And it may not happen, I'm
5 just trying not to come back a second time.
6 MR. RICE: When do you anticipate
7 being open?
8 MR. HENRY R. GEARHART: If we could
9 get started in the next couple of weeks, beginning
10 of March. If I could get that done and if the
11 weather's okay. I just don't want to put the
12 wearing course down if it's not the proper weather.
13 And talking to the Sincavage
14 Corporation, May is an ideal time to do it. And if
15 I could get open for a month, I certainly can rent
16 some units during that time. And, again, I'm
17 asking for the date June 2008. I would not go past
18 that, we'd have the wearing course down by that
19 time.
20 MR. RICE: You're suggesting that
21 you would post a performance bond --
22 MR. HENRY R. GEARHART: Correct.
23 MR. RICE: -- to ensure that the
24 $33,000 worth of work gets done in May or June.
25 MR. HENRY R. GEARHART: Well, I'm
17
1 asking for the Phase 2 plan to be done by
2 June 2008. So that would have to be done by then.
3 MR. RICE: Oh, okay.
4 MR. HENRY R. GEARHART: And, again,
5 the phasing plan amendment, I would record that in
6 the courthouse and bring the receipts to you
7 showing it was recorded.
8 MR. KERRICK: If we entertain the
9 paving part of this, should it be separate from
10 this agreement or lump everything together?
11 MR. RICE: It's a possible policy
12 decision for the board. If the board is okay with
13 the phasing plan, it seems to me you're going to
14 record that. And then the further question is, can
15 he open for a month or two in advance of actually
16 doing the top coat? So I mean, unless there's a
17 problem with that you can do both.
18 MR. HENRY R. GEARHART: If we have
19 nice weather, I will do it right away. And, again,
20 in the amendment I have to have it done by June
21 2008.
22 MR. RICE: So the bond is -- and I'm
23 just getting up to speed as I'm sitting here.
24 MR. HENRY R. GEARHART: That's okay.
25 I sort of sprung this on you.
18
1 MR. RICE: I'm looking at this page
2 that was attached here. Phasing schedule, phase
3 description, is that Phase 1, the first one up at
4 the top?
5 MR. HENRY R. GEARHART: The phasing
6 schedule on the top and the next one, they're
7 exactly the same. Alls I'm doing is changing the
8 dates.
9 MR. RICE: Oh, okay.
10 MR. HENRY R. GEARHART: Right over
11 here, that's the only change in the whole thing.
12 MR. RICE: So you're going from
13 September '07 to June '08?
14 MR. HENRY R. GEARHART: Until we got
15 open, we didn't make the September 2007. Right, we
16 already have this and now we're doing those.
17 MR. RICE: I mean, that's up to you,
18 if you want to require the performance bond.
19 MR. KERRICK: What's the board's
20 pleasure?
21 MS. PICKARD: I'll make the motion
22 that we approve Gearhart Property, LLC's change in
23 phasing schedule; Phase 2 to be completed by
24 June 2008 and Phase 3, June 2010; to be recorded in
25 the Office of the Recorder of Deeds, Monroe County,
19
1 Pennsylvania. This also includes a drainage plan
2 that was approved as part of the original land
3 development plan which shall remain valid until
4 June 30, 2010.
5 MR. KERRICK: Motion on the floor.
6 Do we have a second?
7 MR. LAMBERTON: Second the motion.
8 MR. KERRICK: Questions or comments
9 from the board?
10 Questions or comments from the
11 public on the motion?
12 Call the vote?
13 Jamie?
14 MR. KEENER: I abstain.
15 MR. KERRICK: Donny?
16 MR. MOYER: I vote in favor.
17 MR. KERRICK: Hugh?
18 MR. LAMBERTON: I vote in favor.
19 MR. HERRICK: Heidi?
20 MS. PICKARD: I vote in favor.
21 MR. KERRICK: I'll vote in favor.
22 Motion carried.
23 Question for the board?
24 MS. PICKARD: Do we need a motion to
25 enter into accepting a performance bond?
20
1 MR. RICE: Well, I think ultimately
2 the issue is you're going to want a C.O.
3 MR. HENRY R. GEARHART: Yeah.
4 MR. RICE: And you can't get it
5 unless you have the top --
6 MR. HENRY R. GEARHART: People rent
7 all year round and I just want to be able to -- I'm
8 running out of space, which is good.
9 MR. RICE: So he's -- Mr. Gearhart
10 is offering to guarantee that he will do the top
11 coat by --
12 MR. MOYER: June.
13 MR. HENRY R. GEARHART: Right,
14 right.
15 MR. RICE: And by offering the
16 proposed performance bond to make sure that the
17 township has something in hand to guarantee that it
18 gets done. It's up to the board whether you want
19 to require that or not basically. In most cases
20 the townships would require things like that.
21 MR. HENRY R. GEARHART: And we want
22 to complete it 'cause then this entire half of the
23 project is done. So we want to put the wearing
24 course down ourselves so we're gonna do it one way
25 or the other.
21
1 MS. PICKARD: So are we looking for
2 a motion to enter a performance bond or to agree
3 that we would approve temporary C of O with the --
4 MR. RICE: With the condition that
5 the performance bond be filed or posted with the
6 township. I mean, that's basically what you're
7 looking for; you want to make sure that you can
8 open a temporary C.O.
9 MR. HENRY R. GEARHART: Right. If
10 the weather's nice, we'll do it all at once and
11 this won't be an issue; but I'm just trying to not
12 come back again and be able to open up with a
13 temporary C.O.
14 MS. PICKARD: Do you want to make a
15 motion?
16 MR. RICE: Yeah. The motion would
17 be to authorize the issuance of the temporary C.O.,
18 if necessary, subject to the posting of a
19 performance bond in the amount of $33,100 to
20 guarantee that the top coat, that the wearing
21 course gets installed.
22 MR. HENRY R. GEARHART: By June
23 2008.
24 MS. PICKARD: So moved.
25 MR. KERRICK: Do we have a second?
22
1 MR. LAMBERTON: Second.
2 MR. KERRICK: Motion and second.
3 Questions or comments from the
4 board?
5 Questions or comments from the
6 public on the motion?
7 Call the vote?
8 Jamie?
9 MR. KEENER: I abstain.
10 MR. KERRICK: Donny?
11 MR. MOYER: I vote in favor.
12 MR. KERRICK: Hugh?
13 MR. LAMBERTON: I vote in favor.
14 MR. KERRICK: Heidi?
15 MS. PICKARD: I vote in favor.
16 MR. KERRICK: I'll vote in favor.
17 Motion carried. Thank you, Mr. Gearhart.
18 MR. HENRY R. GEARHART: I want to
19 thank everybody for being very helpful too,
20 especially Phyllis.
21 MR. KERRICK: Thank you. That's
22 good to hear.
23 Next on our agenda, Locust Lake
24 Village. Anyone here represent Locust Lake
25 Village? They have a request for a waiver of land
23
1 development.
2 Do we need to take action?
3 MR. RICE: Yes.
4 MR. KERRICK: For the record, there
5 was no one in attendance from Locust Lake Village
6 Property Owners Association.
7 MS. PICKARD: I had sent him a
8 letter and told him our next work session was
9 February 4, and he did not want to wait until
10 February 4. So the board asked me to call him and
11 told him that he was welcome to come here and
12 attend this meeting to discuss it, we would
13 probably not act on it. We did not hear from him,
14 but we left it on the agenda.
15 MR. KERRICK: How many days do we
16 have to act on his request?
17 MR. RICE: There's no time limit on
18 this. I mean, if he was -- really wanted this
19 done, somebody probably should have been here.
20 It's an open containment area, they might have put
21 a roof over it. And the request is a waiver of
22 land development. There's some plans that have
23 been filed. Is it more than just the roof being
24 put over?
25 MS. HAASE: It's going to consist of
24
1 prefab concrete bunkers and a side and a roof.
2 MR. RICE: Technically they'd have
3 to file land development or get a waiver.
4 MR. MOYER: Is this the number one
5 option?
6 MS. HAASE: This is the only --
7 MS. PICKARD: Well, in the packet it
8 said something was No. 1.
9 MR. MOYER: Right. Here it's just a
10 retaining wall, right here.
11 MS. HAASE: I think it's 720 square
12 feet.
13 MR. MOYER: So they want to put the
14 side walls there too?
15 MS. HAASE: Yes, sir. It will be
16 the concrete bunkers, wooden sides and I think he
17 said aluminum roof.
18 MR. MOYER: Do you have any idea
19 what they have there now?
20 MS. HAASE: He expressed that
21 there's some concrete type of retaining barrier
22 there. There is going to be a heavy vinyl canvas
23 on rollers to cover it.
24 MR. KEENER: Mr. Chairman, this goes
25 to, I guess, an issue that we've been talking about
25
1 as to whether we waive land development or not in
2 certain situations. We've had that request before.
3 I think this would be a good subject for us to
4 discuss at our joint meeting with our planning
5 commission coming up at the end of the month. You
6 know, we've talked about 500 square feet, we've
7 talked about 5,000 square feet. Where do we want
8 to be if we want to waive land development at all?
9 MR. KERRICK: I'll make a note of it
10 and we'll discuss it in our joint meeting. At this
11 time we'll take no action on Locust Lake Village's
12 request, if that's all right with everyone.
13 Next on our agenda, Resolution No.
14 2008-005 amending the emergency notification list.
15 It's in your packet. Do we have a motion?
16 MR. LAMBERTON: I'll make a motion
17 the Tobyhanna Township notification and resource
18 manual annex A emergency notification list
19 effective date 1/14/08 be approved.
20 MR. KERRICK: Motion on the floor.
21 Do we have a second?
22 MS. PICKARD: I'll second the
23 motion.
24 MR. KERRICK: Motion and second.
25 Questions or comments from the
26
1 board?
2 MR. KEENER: I have a correction.
3 The second number listed for me is not a cell. I'm
4 assuming C is referencing a cell number.
5 MR. KERRICK: First page, Jamie?
6 MR. KEENER: Yes, first page.
7 MR. KERRICK: Do you want a cell
8 number there or is that your office number?
9 MR. KEENER: That's my office
10 number.
11 MR. KERRICK: What do you prefer?
12 Do you want your cell number there?
13 MR. KEENER: Yes, you can put my
14 cell number. Are you ready for it?
15 MR. LAMBERTON: Well, we're waiting.
16 MR. KEENER: I guess this is a
17 public number, right?
18 MR. EDWARD TUTRONE: Actually,
19 that's not a public --
20 MR. KEENER: Then I'm not going to
21 provide it.
22 MR. KERRICK: We'll just correct it
23 in here.
24 MS. PICKARD: I have it.
25 MR. LAMBERTON: I amend my motion to
27
1 include Jamie Keener's phone number.
2 MR. KERRICK: Do you amend your
3 second?
4 MS. PICKARD: I amend my second.
5 MR. KERRICK: Any other questions or
6 comments?
7 MS. PICKARD: I want to comment that
8 it seems that all those numbers are in area code
9 570.
10 MR. KERRICK: Any other questions or
11 comments?
12 Questions or comments from the
13 public?
14 Call the vote?
15 Jamie?
16 MR. KEENER: I vote in favor.
17 MR. KERRICK:
18 MR. MOYER: I vote in favor.
19 MR. KERRICK: Hugh?
20 MR. LAMBERTON: I vote in favor.
21 MR. KERRICK: Heidi?
22 MS. PICKARD: I vote in favor.
23 MR. KERRICK: I vote in favor.
24 Motion carried.
25 Next on our agenda, Resolution No.
28
1 2008-006, amending township fee schedule. What's
2 the board's pleasure?
3 MR. KEENER: A couple of recommended
4 corrections prior to motion. I don't have the
5 latest in front of me, but under the sign permit I
6 recommend that the first item be a total sign base
7 less than 100 square feet.
8 MS. PICKARD: Make that 100 feet --
9 MR. KEENER: And under the second
10 item that it be total sign base 100 square feet or
11 more is $75 plus $2 including the dollar sign per
12 square foot for each square foot over 100 square
13 feet.
14 MR. KERRICK: Any others, Jamie?
15 MR. KEENER: That's all that I have.
16 MR. KERRICK: I have a question for
17 emergency management coordinator Ed.
18 Are those figures for the fire
19 apparatus consistent?
20 MR. EDWARD TUTRONE: Yeah.
21 MS. HAASE: They are obtained from
22 the fire incorporated listing that was submitted by
23 the fire department.
24 MR. KERRICK: When was that updated
25 last?
29
1 MS. HAASE: I can't speak to that.
2 It was given to me approximately three months ago
3 from the secretary of the fire department.
4 MR. EDWARD TUTRONE: I believe that
5 was updated last year, 2007.
6 MR. KEENER: Question. What's the
7 68.8? Is that --
8 MS. PICKARD: That was the
9 ordinance.
10 MS. HAASE: That was the zoning
11 ordinance that speaks to reimbursement of cost
12 of -- for the fire department for legal fires or
13 legal burns.
14 MR. KEENER: Is that the ordinance
15 number?
16 MS. HAASE: Yes.
17 MR. KEENER: I think we should put
18 in Ordinance No. 68.8.
19 MR. KERRICK: Any other corrections?
20 Anyone willing to entertain a
21 motion?
22 MR. KEENER: I make a motion that we
23 adopt Resolution 2008-006 amending the fee schedule
24 for subdivision of land development, planned
25 residential development, zoning hearing board,
30
1 board of supervisors and other miscellaneous fees,
2 as corrected this evening.
3 MS. PICKARD: I second the motion.
4 MR. KERRICK: I think Donny already
5 did.
6 Questions or comments from the board
7 on the motion?
8 Questions or comments from the
9 public on the motion?
10 Call the vote?
11 Jamie?
12 MR. KEENER: I vote in favor.
13 MR. KERRICK: Donny?
14 MR. MOYER: I vote in favor.
15 MR. KERRICK: Hugh?
16 MR. LAMBERTON: I vote in favor.
17 MR. KERRICK: Heidi?
18 MS. PICKARD: I vote in favor.
19 MR. KERRICK: I vote in favor.
20 Motion carried.
21 Next on our agenda, Long Pond Road.
22 We've had a request or several requests for speed
23 reduction on Long Pond Road. And we've also had an
24 offer from Dr. Matioli from Pocono Raceway; if the
25 study comes back that the speed limit needs to be
31
1 lowered, he has graciously offered to purchase the
2 signs needed to post the new speed limit.
3 The way we understand it, it's up to
4 the township. If it's under 40 miles an hour on a
5 state road we become responsible to post and
6 maintain. I think one of -- if I could speak for
7 the rest of the supervisors, one of the questions
8 we have is liability.
9 MR. RICE: In terms of the signage?
10 MR. KERRICK: Well, the signage if
11 it is posted properly and what if it happens to get
12 knocked down or for some reason there is an
13 accident or somebody's impaled with the sign, are
14 we entering into any territory that we're not in at
15 the present? It's not our road, it's a state
16 highway.
17 MR. RICE: Right. I'm looking at
18 the PennDOT letter here. And according to Mr.
19 Rauscher at PennDOT there's a regulation requiring
20 local municipalities to post speed limits of
21 35 miles per hour or less and then they want a
22 written agreement. Have you entered into written
23 agreements with them before for this type of an
24 issue?
25 MR. KERRICK: No. And they do have
32
1 some roadways within our township that are posted
2 at 35.
3 MS. PICKARD: What happened with
4 423?
5 MR. EDWARD TUTRONE: They were going
6 to post it when they got the signs in, when they
7 did the four-way stop on Long Pond, and we haven't
8 heard anything.
9 MS. PICKARD: We never entered into
10 a written agreement?
11 MR. EDWARD TUTRONE: To the best of
12 my knowledge, no.
13 MR. RICE: Yeah, the written
14 agreement, there's some issues along with PennDOT.
15 PennDOT's going to be requiring written agreements
16 with a lot of municipalities who aren't doing
17 anything even when developers are doing things on
18 state roads. And I mean I -- this sounds like
19 something that needs to be done.
20 I'd like to explore exactly what
21 PennDOT wants because PennDOT's trying to push
22 liability on local governments on their roads when
23 a developer is doing work or anything's occurring
24 on their road. And I'm in the middle of a debate
25 with them. Actually, there's something going on in
33
1 Chester, Bucks and Montgomery County where they not
2 only want agreements, but they want the local
3 municipality to put PennDOT on the township's
4 insurance policy and name them as an additional
5 insured.
6 And I say well, how long, forever?
7 As long as the road's -- so this sounds like more
8 of the same to me. That's why -- I didn't know
9 whether you had a policy or something that you've
10 done with them in the past.
11 If you take responsibility for
12 putting the signs up and the sign falls over and a
13 car hits it, even though it's on a state road,
14 you're going to be named probably no matter whether
15 you put the sign up or not because you get named
16 whether it's a state road, a township road, a
17 county bridge; they always name the local
18 municipality. But if that agreement imposes any
19 liability beyond what you normally may have, I'd
20 have some concerns about it.
21 I would like to see what PennDOT's
22 idea of an agreement is, just based on this other
23 issue which I'm dealing with in some other
24 counties. It's a different district, but I guess
25 the next step is for -- it looks to me from this
34
1 letter that PennDOT wants that agreement before you
2 put the signs up.
3 MR. KEENER: (Inaudible) before they
4 would even consider doing the study.
5 MR. KERRICK: Yeah, we have to agree
6 to post it. If the study comes back that it
7 warrants the reduced speed of 35, then it would
8 fall back onto us and we'd have to actually look --
9 so they want the agreement before they would even
10 do the study.
11 With the board's permission, I'd
12 like to put it in our work session for the
13 beginning of February. In the meantime, we would
14 give the information to our solicitor, have them
15 review it and we can discuss it there.
16 MR. RICE: I can think of two
17 municipalities I've represented that have asked
18 PennDOT to do speed studies and they've never asked
19 for an agreement. A different district, they've
20 just done it. Once the local state rep got
21 involved because PennDOT had done the study four or
22 five years previously and they didn't want to do
23 it, but there was an issue because there was a high
24 school -- expanded high school built along this
25 road. And I've never heard of them asking for an
35
1 agreement so that sort of sets a red flag up for
2 me.
3 So I'll look -- I mean, I'm going to
4 look at that regulation and find out what this
5 agreement might entail, and we can have that for
6 your work session in the February meeting so you
7 know what you're getting into if you choose.
8 MR. MOYER: Yeah, I'm good with
9 that.
10 MR. KEENER: Yeah, I think there
11 needs to be some discussion with Representative
12 Carroll as well.
13 MR. KERRICK: I've had several
14 discussions and he can't understand why the
15 agreement --
16 MR. KEENER: Yeah, I did as well
17 so --
18 MR. KERRICK: Well, I can't speak
19 for him, he's not here obviously; but he wasn't
20 aware of any agreements.
21 Mr. Tutrone?
22 MR. EDWARD TUTRONE: John, when we
23 had asked them, I believe it was last year, two
24 years ago, about posting Blakeslee Corners --
25 MR. KERRICK: Residents approached
36
1 us about it.
2 MR. EDWARD TUTRONE: Right, but we
3 hadn't gone to PennDOT and asked them. They were
4 just looking for an agreement where they would
5 actually come out in the initial phase, do the
6 study or send out their engineers, I should say,
7 come out and they would put the first set of signs
8 and then we would need to maintain the signs. If
9 they were knocked down, it would be our
10 responsibility to replace them. If we didn't
11 replace them, then they'd never get put back up
12 again. There was no --
13 MR. KERRICK: That's a little
14 different than this.
15 MR. EDWARD TUTRONE: Yeah. So other
16 than that we really had no -- to the best my
17 knowledge --
18 MR. KERRICK: Well, we would -- I
19 think they discussed an agreement there and we
20 wouldn't enter into one.
21 MR. EDWARD TUTRONE: Right. Well,
22 we didn't want to have the cost of the sign because
23 we knew people would be knocking them over
24 purposely so we decided against doing that.
25 MR. KERRICK: Is everybody okay with
37
1 that?
2 MR. MOYER: Yeah, I don't have any
3 questions.
4 MS. PICKARD: I'd just like to say
5 we are working with Representative Carroll about
6 speed enforcement, and the road was put on Smooth
7 Operator Program to get some state dollars for
8 enforcement.
9 MR. KERRICK: It is on. And I'm not
10 sure where they are. I missed the last police
11 commission meeting. Did they discuss --
12 MR. KEENER: In red?
13 MR. KERRICK: In red.
14 MR. KEENER: Yeah. They discussed a
15 piece of enforcement equipment that Representative
16 Carroll had -- was trying to get relocated to
17 Pocono Mountain Regional Police Department for use
18 and enforcement. I'm not sure what the status of
19 that is. Apparently PennDOT located one in another
20 area and was going to see about, if that one was
21 available for enforcement.
22 You know, there was other discussion
23 about double yellow lines and most of that is in
24 Tunkhannock Township. I don't know that we have
25 any passing zone in Tobyhanna Township.
38
1 MR. KERRICK: Not that I'm aware of.
2 MR. KEENER: But there's ongoing
3 discussions and I think it would be good to discuss
4 it further at the work session.
5 MR. KERRICK: Anyone here represent
6 Pocono Record? Well, unfortunately they had
7 several questions and called numerous times, but
8 they do not have a representative here this
9 evening. Okay, it will be on our agenda for the
10 work session.
11 Next up on our agenda, Mr. Bond, the
12 floor's yours.
13 MR. JAMES B. BOND: My name is James
14 B. Bond. Mr. Chairman, board of supervisors and
15 solicitor, I have a very simple request via
16 proclamation to prohibit -- or not to prohibit, to
17 recommend that residents buy their firewood from
18 locally cut trees.
19 Why? This is to prevent
20 deforestation of our woodlands by organisms that
21 lurk in the cut firewood. Sounds extreme to you?
22 Well, there's outrage that are documented by New
23 York State and other places that are linked to
24 organisms that have attached themselves to
25 firewood.
39
1 For instance, the emerald borer is
2 affecting ash trees. The Asian longhorn beetle is
3 affecting maple trees. The woodwasp loves pine,
4 affecting pine trees. The wooly adelgid, hemlock
5 trees; and there's other things like beach bark
6 disease, sudden oak death, pine rust and even gypsy
7 moths.
8 Too cautious you say. Well, if you
9 were living in Michigan and if you were living in
10 an area where the emerald ash borer had defoliated
11 trees, you may be subjected to a fine of $250,000
12 and a year in jail. My source is the New York
13 State Department of Conservation of a very
14 responsible publication.
15 So that gives you -- I'm not asking
16 for a fine of that, Mr. Chairman, just 25 cents.
17 These organisms have spread to western
18 Pennsylvania. There's a quarantine of four
19 counties there. Fifty miles east of us the
20 Delaware Water Gap said don't bring in your
21 firewood from outside. So this is a problem with
22 firewood, it's also a problem with trees.
23 A hundred years ago Asian chestnut
24 trees were imported. Fifty years ago 90 percent of
25 the chestnut trees are gone. There's many people
40
1 trying to rectify this. If you go and buy
2 chestnuts to roast over your open fire, you'll find
3 they're imported from Italy. That's all I have to
4 do on this resolution, this proclamation, which I
5 suggest you sign.
6 I'd like to take this opportunity to
7 thank the township on their support for five years
8 ago for our reduction of the deer population. We
9 are most indebted to them and to the newspaper for
10 their support in our efforts. John Serrao in
11 particular, the Audubon Society. Frankly, all
12 naturalists in the whole northeastern state.
13 This early regeneration of forest
14 has pleased most of the vast majority of our
15 residents. We still need some documentation and
16 work on that.
17 And finally, I'd like to suggest
18 that you -- with this proclamation, what about
19 neighboring townships? What should they do? Well,
20 I think we need help from the media on this aspect.
21 Four years ago when we did the -- we were unique in
22 Pennsylvania on culling the deer and decreasing the
23 deer population.
24 The conservancy asked me to write
25 this up, because they have asked for other places.
41
1 I did and it may surprise you that other places --
2 this has never been advertised, such as Swarthmore,
3 Swarthmore College, Villanova, Nantucket, Hilton
4 Head have asked for this primmer that was prepared.
5 So we need to spread this information about an
6 environmental problem. I'm not an
7 environmentalist, I pick the brains of the people
8 that know what they're doing.
9 But there's other aspects that need
10 to be addressed, such as the harmful use of salt or
11 sodium chloride de-icers, septic system management,
12 storm water drainage. There's highways here that
13 drain directly into streams and the lake. And
14 preservation of woodlands. We need to look at if
15 we had a drought should we worry about forest
16 fires. They've happened in this area in the
17 distant past.
18 So I'm suggesting to the media that
19 we have somebody address in the front page -- John
20 Serrao is an incredible naturalist and who knows
21 what he's talking about. I'd pick his brain. He
22 has weekly columns in the Pocono Record, they're
23 fascinating. I'd like to see him give a monthly
24 article in the Record and in the Pocono Plateau
25 addressing the concerns of the environment.
42
1 I think these are very important,
2 and thanks for your time.
3 MR. KERRICK: Thank you.
4 MR. LAMBERTON: I'll make a motion
5 that the proclamation to the Township of Tobyhanna
6 Board of Supervisors on this 14th day of 2008, that
7 the board of supervisors pass the following
8 proclamation. Do you want me to read the entire
9 proclamation? No. As stated.
10 MR. KERRICK: Motion on the floor.
11 Do we have a second?
12 MR. MOYER: I'll second.
13 MR. KERRICK: Questions or comments
14 from the board on the proclamation?
15 Questions or comments from the
16 public?
17 MR. JAMES B. BOND: Once again, I'd
18 like to thank Hugh Lamberton for the support over
19 the years. He suggested the proclamation on
20 feeding deer four years ago and I'm gonna miss him
21 and I hope you guys will too.
22 MR. KERRICK: Thank you.
23 MR. KEENER: This being a
24 proclamation, there's no enforcement?
25 MR. RICE: It's a statement.
43
1 MR. KERRICK: It's just a statement.
2 I believe we did the same, I believe it was feeding
3 of the deer or selling of the --
4 MR. JAMES B. BOND: Feeding.
5 MR. KERRICK: And sales of -- didn't
6 it have something to do with sales of corn?
7 MR. JAMES B. BOND: Well --
8 MR. KERRICK: I don't recall.
9 MR. JAMES B. BOND: It was mainly
10 why you shouldn't feed deer, it's harmful to the
11 deer themselves and it's harmful to the
12 environment.
13 MR. KERRICK: Any other questions
14 from the board?
15 Call the vote on the proclamation.
16 Jamie?
17 MR. KEENER: I vote in favor.
18 MR. KERRICK: Donny?
19 MR. MOYER: I vote in favor.
20 MR. KERRICK: Hugh?
21 MR. LAMBERTON: I vote in favor.
22 MR. KERRICK: Heidi?
23 MS. PICKARD: I vote in favor.
24 MR. KERRICK: I vote in favor.
25 Motion carried.
44
1 Thank you, Mr. Bond.
2 Next on our agenda, authorize
3 township solicitor to attend our zoning hearing
4 board hearing -- I'm not sure of the date.
5 MS. HAASE: January 24.
6 MR. RICE: January 24.
7 MR. KERRICK: -- January 24, '08 in
8 the Pocono Manor.
9 MS. PICKARD: 24th.
10 MR. RICE: During the break it must
11 have got changed today.
12 MS. HAASE: Yes, sir.
13 MR. LAMBERTON: Is it the 24th?
14 MR. RICE: That's what Phyllis told
15 us during the break.
16 MS. PICKARD: I'll make the motion
17 that we authorize Grim, Beihn and Thatcher to
18 attend the zoning hearing board and the board of
19 supervisors in the Pocono Manor.
20 MR. KERRICK: Motion on the floor.
21 Do we have a second?
22 MR. LAMBERTON: I second.
23 MR. KERRICK: Motion and second.
24 Questions or comments from the
25 board?
45
1 Questions or comments from the
2 public on the motion?
3 Call the vote?
4 Jamie?
5 MR. KEENER: I vote in favor.
6 MR. KERRICK: Donny?
7 MR. MOYER: I vote in favor.
8 MR. KERRICK: Hugh?
9 MR. LAMBERTON: I vote in favor.
10 MR. KERRICK: Heidi?
11 MS. PICKARD: I vote in favor.
12 MR. KERRICK: I vote in favor.
13 Motion carried.
14 Next on our agenda, I need a motion
15 to authorize township secretary to write a letter
16 to the Delaware River Basin Commission regarding
17 our thoughts. Do we have a motion?
18 MR. LAMBERTON: In reference to
19 what, sir?
20 MR. KERRICK: In reference to, I
21 think -- do you have that information, Jamie?
22 MR. KEENER: The flexible flow
23 management.
24 MR. KERRICK: Flexible flow
25 management.
46
1 MR. RICE: These are -- Jamie,
2 they're proposed DRBC regulations?
3 MR. KEENER: That's correct.
4 MS. PICKARD: Did you wish to use
5 one of those sample letters that we had looked at?
6 MR. KEENER: Yeah, I would say use
7 one of the sample letters that was relative to the
8 municipal board.
9 MS. PICKARD: He made a motion.
10 MR. MOYER: I'll make a motion to
11 authorize drafting a letter to the Delaware River
12 Basin.
13 MR. LAMBERTON: Second.
14 MR. KERRICK: Motion and second.
15 Questions or comments?
16 Questions or comments from the
17 public?
18 Call the vote?
19 Jamie?
20 MR. KEENER: I vote in favor.
21 MR. KERRICK: Donny?
22 MR. MOYER: I vote in favor.
23 MR. KERRICK: Hugh?
24 MR. LAMBERTON: I vote in favor.
25 MR. KERRICK: Heidi?
47
1 MS. PICKARD: I vote in favor.
2 MR. KERRICK: I'll vote in favor.
3 Does the board have anything else
4 they wish to discuss? If not, at this time I'd
5 open it up to public participation. Anyone wish to
6 address the board?
7 MS. SUE SNELL: I'm Sue Snell.
8 Interfaith Action of the Poconos which volunteers
9 with Stop the Hate, which holds vigiles every year
10 has acquired a peace pole. And for those of you
11 who don't know what the peace pole is, it's a
12 wooden pole. It's approximately an eight foot tall
13 of which two foot is sunk into the ground. It says
14 let there -- let piece prevail on earth and in
15 different languages. It's a hexagon, it displays
16 six different languages, I believe are English,
17 Arabic, Hebrew, Russian, I don't know what the
18 other two are.
19 We'd like to either donate it to the
20 township, have it displayed or ask the township for
21 recommendations on where they could possibly
22 display it, and any comments or recommendations
23 they would appreciate.
24 Thank you.
25 MS. PICKARD: One of the comments
48
1 that Sue had made previously was that they were
2 under the assumption that the spot where the Lion's
3 Club on PennDOT property has their flag pole and
4 the landscaping of the tree was the center of town,
5 that they were thinking --
6 MS. SUE SNELL: They were thinking
7 that would be a good place to display it.
8 MR. KERRICK: Possibly at the park,
9 if the board had no objections. Maybe we could
10 find a spot at the park. Would that be
11 satisfactory?
12 MS. SUE SNELL: Again, I think
13 they're just looking for a place to place it so
14 people could see it. Heidi had given me the
15 recommendation and I can certainly take that back
16 to them and they can contact the Lion's Club to
17 see; but if not, then the park would certainly be a
18 great place.
19 MR. KERRICK: So at this point if it
20 doesn't work with the Lion's Club or you can't make
21 headway there with PennDOT, you'll come back to us?
22 MS. SUE SNELL: Sure.
23 MR. KERRICK: Is that all right with
24 the board?
25 Anyone else wish to address the
49
1 board?
2 We're adjourned. Thanks for coming.
3 (Meeting concluded at 8:00 p.m.)
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7 I hereby certify that the
8 proceedings and evidence are contained fully and
9 accurately, to the best of my ability, in the notes
10 taken by me at the meeting in the above matter; and
11 that the foregoing is a true and correct transcript
12 of the same.
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15 ______________________
16 EVILYS E. BRATHWAITE
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