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, February 9, 2009, beginning at 7:03 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
PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
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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 this evening for the regular business
3 meeting. Could we open the meeting with a Pledge
4 of Allegiance?
5 (Pledge of Allegiance was recited.)
6 MR. KERRICK: First we have
7 announcements. I wanted to announce we had a short
8 executive session this evening before the meeting
9 from 6:45 to 7 p.m. for some litigation matters.
10 Do you have any announcements,
11 Heidi?
12 MS. PICKARD: No.
13 MR. KERRICK: Pat, do you have any?
14 MR. ARMSTRONG: No.
15 MR. KERRICK: Next item, consider
16 the minutes of January 5, 2009, reorganization
17 meeting.
18 MS. PICKARD: I make a motion we
19 approve the January 5, 2009 reorganization meeting
20 minutes.
21 MR. KEENER: Second.
22 MR. KERRICK: Motion and second.
23 Questions or comments from the
24 board?
25 Questions or comments from the
3
1 public on the motion?
2 Call the vote.
3 Jamie?
4 MR. KEENER: I vote in favor.
5 MR. KERRICK: Donny?
6 MR. MOYER: I vote in favor.
7 MR. KERRICK: Hugh?
8 MR. LAMBERTON: I vote in favor.
9 MR. KERRICK: Heidi?
10 MS. PICKARD: I vote in favor.
11 MR. KERRICK: I vote in favor.
12 Motion carried.
13 Next item, consider the bill pack
14 dated February 9, 2009. Total amount for board
15 approval, $588,680.32.
16 MS. PICKARD: I make a motion we
17 approve the February 9, 2009 bill pack in the
18 amount of $588,680.32.
19 MR. KERRICK: Motion on the floor.
20 Do we have a second?
21 MR. LAMBERTON: Second.
22 MR. KERRICK: Motion and second.
23 Questions or comments from the
24 board?
25 MS. PICKARD: I'll just mention that
4
1 that's our quarterly payment for the police
2 services in that number.
3 MR. KERRICK: Thank you.
4 Questions or comments from the
5 public on the motion?
6 Call the vote.
7 Jamie?
8 MR. KEENER: I vote in favor.
9 MR. KERRICK: Donny?
10 MR. MOYER: I vote in favor.
11 MR. KERRICK: Hugh?
12 MR. LAMBERTON: I vote in favor.
13 MR. KERRICK: Heidi?
14 MS. PICKARD: I vote in favor.
15 MR. KERRICK: Motion carried.
16 Next on the agenda, solicitor's
17 report.
18 MR. ARMSTRONG: I don't have
19 anything for this evening. Just a note that next
20 month is most likely going to be when the rezoning
21 map ordinance is going to be considered for
22 adoption over by that Pocono Manor property. I
23 believe it's going to be advertised for your second
24 meeting in March.
25 MR. KERRICK: Second meeting in
5
1 March?
2 MR. ARMSTRONG: Your regular
3 meeting, not the work session the following Monday.
4 MR. KERRICK: Next item on the
5 agenda, new business. First item, Pocono Motor
6 Sports waiver request.
7 Yes, sir?
8 MR. LANCE MIRKIN: I'm here from
9 Pocono Motor. I don't know if you need --
10 MR. KERRICK: Pat, do you want to do
11 what we discussed?
12 MR. ARMSTRONG: Yeah. I believe the
13 applicant was here last week during the work
14 session with his engineer at the time. And what
15 they were requesting -- they have a pending land
16 development application, I believe, with the
17 township and along with that land development
18 application they're requesting a waiver and/or an
19 alternative with respect to one of your provisions
20 within your sanitary sewer ordinance, within the
21 code. That requirement regards the secondary or
22 alternative or reserved sanitary sewer on-lot
23 septic location for the property.
24 They're requesting, it's my
25 understanding, not necessarily a waiver, but some
6
1 indication from the board at this point on whether
2 or not you would consider the alternative procedure
3 with respect to that four-year fill procedure
4 that's set forth in their letter to the township,
5 dated January 19, 2009.
6 Obviously any consideration of the
7 board would be, I would advise, conditional upon
8 clarifying the responsibilities of the builder and
9 the land development agreement with respect to the
10 land development application, including but not
11 limited to, you know, the specifics as to the
12 procedure for the four-year fill, as well as any
13 financial securities to be posted with the township
14 in the event that for some reason or another within
15 four years that secondary location is not adequate,
16 and also to cover any potential needed pump and
17 haul costs that may incur.
18 MR. KERRICK: What's the board's
19 pleasure?
20 MR. MOYER: I don't know.
21 MR. KEENER: Do we have to have the
22 bonding in? I mean, if they don't have adequate
23 septic, if they have a failure of the septic, can
24 we just close the business? I mean, that's the
25 risk that they take.
7
1 MR. ARMSTRONG: Yeah. I mean --
2 MR. KEENER: I mean, I don't know if
3 they want to pay the bonding for four years or run
4 the risk of having the business closed down if they
5 don't have adequate septic in four years.
6 MR. ARMSTRONG: Right. Well, I
7 think they'll have adequate septic. It's a
8 secondary location.
9 MR. KEENER: But if the first one
10 fails and the second one doesn't meet the
11 standard --
12 MR. ARMSTRONG: Right.
13 MR. KEENER: -- then they may not.
14 But I know also --
15 MR. ARMSTRONG: I think there was
16 also discussion about having the applicant
17 investigate if there is any available way to
18 provide an on-lot treatment -- package treatment
19 plan so to speak.
20 MR. KEENER: We also mentioned about
21 talking to the adjacent property owner to see if
22 there was anything there. Did you investigate that
23 at all?
24 MR. LANCE MIRKIN: No. I don't know
25 if Mr. Robbins did or not.
8
1 MR. KERRICK: Well, as we discussed
2 at our work session, we were in favor of a waiver
3 but we were willing to work with the owner, some
4 sort of an agreement.
5 MR. LANCE MIRKIN: Right.
6 MR. KERRICK: And I don't think we
7 can come up with that this evening.
8 MR. KEENER: Well, I think a
9 modification is in order that, you know, we talked
10 about -- or they offered the four-year fill and do
11 the four years, and in the meantime we're going to
12 be looking at a potential sewer extension that
13 would cover that area. Whether that will happen in
14 the next four to ten years, who knows, but --
15 MR. ARMSTRONG: I don't know if it
16 would be a waiver of the actual requirement. I
17 think it would be more along the lines of agreement
18 that it would be -- that the four-year fill process
19 would be adequate as long as the procedures are
20 followed according to, I don't know if it's DEP or
21 whoever provides for that four-year program.
22 MR. KERRICK: What we had before
23 says a request for a waiver. So do we need to vote
24 on that --
25 MR. ARMSTRONG: If --
9
1 MR. KERRICK: -- if what we're
2 discussing here is not the waiver?
3 MR. ARMSTRONG: Well, you can make a
4 motion. It doesn't have to be a waiver, it can
5 just be whatever action you think is appropriate in
6 response to that letter. They're requesting a
7 waiver in that letter. I don't know if you're
8 considering a full waiver of that requirement at
9 this time. I think it's more along the lines of
10 a --
11 MR. KEENER: Modification.
12 MR. KERRICK: My point with the
13 modification, I wasn't -- I didn't know if we were
14 prepared to solicit the modifications that we
15 wanted. As we discussed at the work session,
16 basically they're looking for are you willing to
17 work with us, right? And that would be yes.
18 MR. MOYER: Right. So that they
19 could move forward.
20 MR. KERRICK: But I don't think that
21 we have to list every modification that we can
22 think of this evening.
23 MR. KEENER: Well, that's what was
24 presented in the letter, that they would place fill
25 for a period of four years and then retest the
10
1 replacement area.
2 MR. ARMSTRONG: I think if the
3 applicant -- if all you want to do tonight is let
4 them know that you're willing to consider that
5 four-year fill program as long as, you know, all
6 the required, you know, securities and/or
7 development language in the development agreement
8 are adhered to, you know, that's, I think, all you
9 need to do.
10 It doesn't need to be a motion just,
11 you know, concurrence of the board at this point
12 that you're willing to consider that four-year fill
13 program as set forth in their letter.
14 MR. KEENER: That's fine, because on
15 that plan they're requesting three other
16 modifications as well. I mean, we could take those
17 up when the land development application is before
18 us.
19 MR. ARMSTRONG: Right. It would be
20 when the land development application comes before
21 you after getting whatever recommendation from the
22 planning commission is when you make your formal
23 action on the plan and any requested waivers or all
24 the modifications that they're requesting at that
25 time.
11
1 MR. KERRICK: We can move on then?
2 MR. ARMSTRONG: Well, is there a
3 concurrence from the board that you will --
4 MR. KERRICK: Yes.
5 THE REPORTER: Can I have your name,
6 sir?
7 MR. LANCE MIRKIN: Yes. Lance,
8 L-a-n-c-e, M-i-r-k-i-n. My understanding from
9 Mr. Robbins was that this is just to see if we can
10 work something out to a degree before we go spend
11 like all the money on the next phase of the project
12 as we go down the road. I mean, I know it doesn't
13 mean anything's written in stone, it's just, is
14 there something we could possibly work out. That
15 was my understanding. It's not like yes and no,
16 it's just that we can keep the ball going to some
17 degree rather than -- you know, I don't want to
18 throw good money after bad. You know, I want to do
19 the project.
20 MR. ARMSTRONG: Yeah. And I
21 think --
22 MR. KERRICK: Well, that's what we
23 just said, that they're willing to work with you.
24 MR. LANCE MIRKIN: Okay. Thank you.
25 MR. KERRICK: Next item, Hoffman,
12
1 Hoffman and McShea minor subdivision.
2 Anybody representing Hoffman,
3 Hoffman and McShea?
4 MR. TERRY D. MARTIN: I am. Terry
5 Martin. Good evening, everyone. I'm here this
6 evening on behalf of Lois Hoffman, Randy Hoffman,
7 and Robin McShea for a proposed minor subdivision.
8 As I described at your work session
9 last Monday, it's a minor subdivision of the
10 Hoffman lands. They own approximately 66 acres in
11 Pocono Summit that has frontage on State Route 940.
12 It's located in both the commercial and the
13 commercial/industrial district. Commercial being
14 the corridor parallel with 940 for a depth of
15 approximately 200 feet.
16 They're proposing to subdivide
17 29 acres off of the southerly portion of the
18 existing lands that adjoin lands of the Pocono
19 Mountain School District and FedEx Freight that's
20 shown as Lot 1 on the plan. There's a note on the
21 plan saying that Lot 1 will be joined to and
22 becoming a separable part of the lands of FedEx
23 Freight that adjoin those lands to the east right
24 now.
25 Lot 2, which would be the remaining
13
1 lands of approximately 37 and a half acres, has
2 existing improvements, which are the Country Stores
3 building, which is located to the far east of their
4 existing lands, that has frontage on 940. The
5 remainder of the tract is undeveloped, and they're
6 not proposing any other improvements that exist as
7 they do today.
8 There's access to the remaining
9 lands. Lot 2, not only at the Country Stores, but
10 also the driveway that serves Tokyo Tea House and
11 some other retail stores and what was the PA 940
12 Station that recently burned, that driveway right
13 off of 940 is actually on Hoffman's land that serve
14 those.
15 We did get a copy of the original
16 permit that was issued by PennDOT for that
17 driveway. The Country Stores have an existing
18 sanitary sewage system on-site, as well as an
19 individual well. We did get -- you'll notice on
20 the plan, the existing Country Store building does
21 not meet the current front yard setbacks in your
22 zoning ordinance. The Hoffmans did get a
23 nonconforming certificate from the zoning officer
24 for that nonconformance.
25 There are a number of waivers or
14
1 modifications which we list on the plan, which
2 we're requesting, along with the approval of the
3 minor subdivision. Some of those being the ones
4 which are generally approved by the board as far as
5 locations of adjoining streets, buildings,
6 right-of-ways, transmission lines within 500 feet
7 of the property.
8 And the remainder are with respect
9 to landscaping and stormwater. We're requesting
10 actually a waiver of the time requirement for those
11 since there's no change being proposed with this
12 subdivision in the property. There will be no
13 additional runoff, no existing construction which
14 may require landscaping. So we're asking for a
15 waiver of those sections of your ordinance with
16 respect to time.
17 And I do note on the plan that in
18 the future if there's any development or further
19 subdivision that the applicants would be required
20 to address those sections of the ordinance.
21 MR. KEENER: Does it acknowledge on
22 here that the center, where the Tokyo Tea House is,
23 does have access to that road?
24 MR. TERRY D. MARTIN: Yes.
25 MR. KEENER: It says roadway
15
1 easement and future 50-foot roadway, but is there
2 anything in the note that says that they have
3 access to that?
4 MR. TERRY D. MARTIN: The deed says,
5 yeah. And there was actually a subdivision plan
6 that was filed with the township that illustrates
7 that easement across Hoffmans' land to those
8 commercial properties.
9 MR. KEENER: Do you have a plan that
10 shows the owners' signatures and all of that?
11 MR. TERRY D. MARTIN: We're going to
12 get those following approval. We didn't want to
13 get those until we were done making any revisions
14 that the planning commission and supervisors have,
15 but those will be forthcoming from both the
16 Hoffmans and FedEx Freight.
17 MS. PICKARD: And they would be
18 recording a new deed erasing that lot line?
19 MR. TERRY D. MARTIN: Yes.
20 MS. PICKARD: And that would be
21 submitted to the township?
22 MR. TERRY D. MARTIN: Yes.
23 MR. ARMSTRONG: The American
24 Freightways property, the one that's consolidating
25 with Lot No. 1, they have access to that. It looks
16
1 like they have access to what?
2 MR. TERRY D. MARTIN: 940?
3 MR. ARMSTRONG: 940.
4 MR. TERRY D. MARTIN: Yeah. They
5 actually own a strip. Feet title that comes across
6 through here, I believe it's 60 feet wide. There's
7 no required testing or planning module with this
8 since Lot 1 will be joined to existing lands of
9 FedEx which already has on-site sewage and water
10 facilities, and the remaining land likewise has
11 existing facilities.
12 MR. ARMSTRONG: In conjunction with
13 this plan there's also a declaration of covenants
14 and restrictions which basically spells out the
15 fact that the waivers, with respect to landscaping
16 and I think stormwater and some other improvements,
17 even though you're waiving them now, the owners of
18 the two lots are going to be required to -- for
19 those requirements in the ordinance at the time of
20 any future subdivision and land development.
21 MR. LAMBERTON: Do we have a
22 statement of ownership?
23 MR. TERRY D. MARTIN: It's on the
24 plan. It hasn't been signed and notarized yet.
25 The owners and -- both the owners and FedEx are
17
1 willing to do that once they know there are no
2 further plan revisions and that the township
3 accepts it as it is.
4 MS. PICKARD: The declaration of
5 covenants was in the developer's agreement?
6 MR. ARMSTRONG: Yeah. It's a minor
7 subdivision.
8 MS. PICKARD: Yeah. He just
9 mentions that in the note here.
10 MR. KEENER: Do we have Bob's final
11 letter?
12 MR. ARMSTRONG: I think his final
13 review letter is in your packet.
14 MR. KERRICK: It's in the packet.
15 It's behind the other letter. It's dated January
16 8.
17 MS. PICKARD: And the second sheet
18 lists all the waivers.
19 MR. KEENER: I make a motion we
20 approve the final minor subdivision lot
21 consolidation plan for Hoffman, Hoffman and McShea,
22 Project No. 2008-017, subject to Mr. McHale's
23 letter of January 8, 2009, including SALDO
24 modifications Section 135-12.D-2; 135-15A15;
25 135-17L, M, Q, and V; Section 135-18B, 13, 15, and
18
1 16; and Chapter 124 stormwater management.
2 MR. ARMSTRONG: And those are
3 subject to the timing and the declaration.
4 MR. KEENER: Subject to the
5 declaration, signing of the ownership, and
6 acknowledgment of the plans.
7 MR. KERRICK: Motion on the floor.
8 Do we have a second?
9 MR. MOYER: I second.
10 MR. KERRICK: Motion and second.
11 Questions or comments from the board
12 on the motion?
13 Questions or comments from the
14 public on the motion?
15 Call the vote.
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. Thank you, Terry.
19
1 MR. TERRY D. MARTIN: Thank you.
2 MR. KERRICK: Next item on our
3 agenda, Pinecrest Phase 2, Section 5, Lot A7,
4 revised final development plan.
5 Do we have anyone here this evening?
6 MS. PICKARD: We still didn't
7 receive any information that we were looking for,
8 and our time extension, I believe, is April. So
9 I'm going to recommend and make a motion that we
10 table Pinecrest Phase 2, Section 5, Lot A7, revised
11 final development plan.
12 MR. KERRICK: Motion on the floor.
13 Do we have a second to table?
14 MR. KEENER: Second.
15 MR. KERRICK: Questions or comments
16 on the motion?
17 Questions or comments from the
18 public on the motion?
19 Call the vote.
20 Jamie?
21 MR. KEENER: I vote in favor.
22 MR. KERRICK: Donny?
23 MR. MOYER: I vote in favor.
24 MR. KERRICK: Hugh?
25 MR. LAMBERTON: I vote in favor.
20
1 MR. KERRICK: Heidi?
2 MS. PICKARD: I vote in favor.
3 MR. KERRICK: I vote in favor.
4 Motion carried.
5 Next item on the agenda, Resolution
6 2009-007 authorizing to file grant application for
7 land use planning project.
8 MR. KEENER: I make a motion we
9 approve Resolution 2009-007, and I'll read the
10 title: A resolution of the Township of Tobyhanna
11 Board of Supervisors authorizing to file a grant
12 application for land use planning project on behalf
13 of Coolbaugh, Tunkhannock, and Tobyhanna Townships
14 and Mount Pocono Borough, and also allocate our
15 township share of funds to the total project cost.
16 We're acting as the agent for the
17 grant application for the regional planning group.
18 MS. PICKARD: I had a question on
19 that because that was at the end of the day. Pat
20 had modified that just to have us on that, but we
21 are the lead applicant filing the grant for the
22 four municipalities. So would we need to have
23 the --
24 MR. ARMSTRONG: No. That would be
25 fine.
21
1 MS. PICKARD: Okay. I'll second the
2 motion.
3 MR. KERRICK: Motion and second.
4 Questions or comments from the board
5 on the motion?
6 Questions or comments from the
7 public on the motion?
8 Call the vote.
9 Jamie?
10 MR. KEENER: I vote in favor.
11 MR. KERRICK: Donny?
12 MR. MOYER: I vote in favor.
13 MR. KERRICK: Hugh?
14 MR. LAMBERTON: I vote in favor.
15 MR. KERRICK: Heidi?
16 MS. PICKARD: I vote in favor.
17 MR. KERRICK: I vote in favor.
18 Next item, Resolution 2009-008,
19 Stillwater Lake dam project, H20 PA grant.
20 Anyone here represent Stillwater
21 Lake?
22 MS. PICKARD: I had received a call
23 from Tom Harrington representing the Boy Scouts.
24 And they had attempted to get financing in the
25 state budget and there were some problems with
22
1 that. They decided, in dealing with the
2 legislators, that they wanted to go through the H20
3 PA grant and go for 75 percent of the cost of the
4 dam which is the 1.312500 number that's in the
5 resolution. And it would require that the township
6 act as the applicant to funnel those grant moneys
7 to repair the Camp Minsi Dam.
8 MR. KERRICK: What is our role in
9 that as far as funneling it? Do we have to audit
10 it or if we receive the grant do we just pass it on
11 to the scouts?
12 MS. PICKARD: Well, you know, when
13 we get down to Lake Naomi Pedestrian Trail, we're
14 doing that currently for Lake Naomi. It will be
15 probably the same general procedure. We'll have to
16 actually do the bidding for it. It's our -- my
17 understanding that the Boy Scouts are covering
18 that; we're just acting as the applicant.
19 I talked to Mike Carroll as far as
20 whether we would be charged with applying for this
21 grant and it would preclude us from receiving other
22 grants. He said he did not believe so, that
23 everybody was aware that it was the Boy Scouts
24 applying for this money. So everything would be
25 done. They have their engineering and their legal
23
1 staff. Obviously our solicitor would have to --
2 MR. ARMSTRONG: Yeah. I'm
3 thinking --
4 MR. KERRICK: My question is, is
5 that a yes or a no? Do we have to audit the money,
6 et cetera, et cetera? Do we do payouts or do we
7 hand the money over? I need a yes or no there.
8 MS. PICKARD: Well, we're going to
9 get to that when we get to Lake Naomi. We can come
10 up with an agreement to require the Boy Scouts to
11 do that if it's required.
12 MR. ARMSTRONG: Yeah. I'm thinking
13 there will probably need to be a grant application
14 agreement between the township and the Boy Scouts.
15 Now, depending upon what kind of grant it is, I
16 don't know if it's a reimbursement type grant or if
17 it's -- it most likely is a reimbursement type
18 grant which, you know, typically when the work is
19 done you get reimbursed, and if the Boy Scouts are
20 performing the work or having a contractor do the
21 work, the completion of the work, and then like a
22 certification saying that this amount has been
23 extended on this part of the project.
24 And then we send it in to whoever's
25 providing the grant money and requesting to get
24
1 reimbursed. And then they will probably provide
2 the reimbursement to the township as the guarantee
3 and the township will disburse it to the Boy Scouts
4 or whoever performs the work on the property.
5 MR. KEENER: John, this is a new
6 program but it's, I'm sure, probably going to be
7 similar to the Redevelopment Assistance Capital
8 Program where it is a reimbursement program.
9 They'll make the application for payment and it
10 would be audited through probably the office of the
11 budget, which is the state. So I would imagine
12 that they would be putting it through their books.
13 MR. KERRICK: So basically we're
14 just the agent?
15 MR. KEENER: We're a pass-through --
16 MR. KERRICK: That's all I wanted, a
17 yes or no. I didn't know if we had to, you know,
18 use our staff to --
19 MR. KEENER: This is a completely
20 new program so I don't know if we know specifically
21 but that's the assumption that I think we could
22 make.
23 MS. PICKARD: One of the things that
24 we did find out with Lake Naomi today is that
25 PennDOT is going to pay the contractor directly in
25
1 that case. So in that case we're not gonna have
2 the funds channeled through us, they will be
3 directly reimbursed by PennDOT.
4 I'll make a motion that we approve
5 Resolution 2009-008.
6 MR. LAMBERTON: I'll second the
7 motion.
8 MR. KERRICK: Motion and second.
9 Questions or comments from the
10 board?
11 Questions or comments from the
12 public on the motion?
13 MS. PICKARD: I just have one
14 comment on that. Could we add that with -- modify
15 that to say that we would enter into a grant
16 agreement with Camp Minsi?
17 MR. ARMSTRONG: The resolution?
18 MS. PICKARD: Would that be part of
19 the resolution or is that just something we could
20 do separately?
21 MR. ARMSTRONG: Can I see the one
22 that you have? Yeah. I mean, I think this would
23 cover it, but you could also make -- your motion
24 would be pending an additional --
25 MR. KEENER: If this covers it, I
26
1 think we're fine.
2 MR. ARMSTRONG: Yeah. I mean, it's
3 authorizing you to enter into all documents and
4 agreements.
5 MR. KEENER: That's with the CFA.
6 MR. ARMSTRONG: Yeah. I see what
7 you're saying.
8 MR. KEENER: Part of the minutes, we
9 want to have an agreement.
10 MR. ARMSTRONG: So I would just make
11 the amendment that it would also be authorizing you
12 to enter into all documents and agreements with Boy
13 Scouts --
14 MR. KEENER: Camp Minsi.
15 MR. ARMSTRONG: Camp Minsi.
16 MR. KEENER: Boys Scouts Camp Minsi
17 Trails.
18 MR. KERRICK: Any questions from the
19 public on the motion?
20 Call the vote.
21 Jamie?
22 MR. KEENER: I vote in favor.
23 MR. KERRICK: Donny?
24 MR. MOYER: I vote in favor.
25 MR. KERRICK: Hugh?
27
1 MR. LAMBERTON: I vote in favor.
2 MR. KERRICK: Heidi?
3 MS. PICKARD: I vote in favor.
4 MR. KERRICK: And I'll vote in
5 favor. Motion carried.
6 Next item on the agenda, Aquatic
7 Facility Design, pool drains proposal. Basically
8 we need a motion to enter into an agreement with
9 Aquatic for our pool drains.
10 Did you review that, Pat?
11 MR. ARMSTRONG: This is -- it's my
12 understanding that it's based upon that
13 December 19, 2008 letter from Aquatic Facility
14 Design providing you with an estimate for them to
15 assess your pool and the need for those drains, for
16 a projected cost estimate of $2,500. However, it
17 also states that it's an estimate only and that all
18 billing will be based on an hourly rate of $95 per
19 man hour.
20 So if you want to -- I don't know if
21 you want to consider making a condition onto this
22 that it does not go over a certain amount, I would
23 recommend it.
24 MR. KERRICK: You want to put that
25 in a motion, Jaime?
28
1 MR. KEENER: Yeah. I'll make a
2 motion that we approve the Aquatic Facility
3 Design's proposal based on an hourly billing rate
4 not to exceed $2,500 without having supervisor
5 approval.
6 MR. KERRICK: Motion on the floor.
7 Do we have a second?
8 MR. MOYER: I'll second.
9 MR. KERRICK: Motion and second.
10 Questions or comments from the
11 board?
12 Questions or comments from the
13 public on the motion?
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 vote in favor.
24 Motion carried.
25 Next item on the agenda, Keswick
29
1 Pointe driveway layout revision.
2 Anyone here for Keswick Pointe?
3 Are they expecting us to take action
4 on this, this evening?
5 MS. PICKARD: I believe so.
6 MR. KEENER: I don't know. If
7 they're not here, I don't think we should.
8 MR. KERRICK: You want to hold that
9 and go through the rest of the agenda in case they
10 do show?
11 MR. KEENER: That would be fine.
12 MR. KERRICK: We'll hold that one.
13 Next on our agenda we have pickup
14 truck purchase discussion. As we discussed at our
15 work session, we have a pickup that we need to
16 replace. I believe -- Ed, do you have anything you
17 want to comment on? Did you pass everything up
18 here?
19 MR. EDWARD TUTRONE: Yeah, you have
20 all the proposals.
21 MS. PICKARD: We received two bids
22 or two state contracts from Warnock Fleet in the
23 amount of 18526.61. And from Day Automotive
24 Resources, in the amount of 17,949. Are they
25 identical?
30
1 MR. EDWARD TUTRONE: Yeah. They're
2 identical trucks. Both are COSTARS contracts.
3 MR. ARMSTRONG: I'm sorry, what are
4 they?
5 MR. EDWARD TUTRONE: Both identical
6 trucks under the COSTARS contract.
7 MR. ARMSTRONG: Okay, the state
8 contract.
9 MR. EDWARD TUTRONE: Yes.
10 MR. KEENER: Why does one say
11 Contract 024 and the other 026?
12 MR. EDWARD TUTRONE: I don't know.
13 They both told me they didn't need a number when I
14 talked to them on the phone, but they were both
15 COSTARS contracts.
16 MR. LAMBERTON: Again, please.
17 MR. KEENER: The numbers --
18 MR. LAMBERTON: Ed, repeat what you
19 said, please.
20 MR. EDWARD TUTRONE: They both told
21 me that they were under the COSTARS contract, which
22 is where we buy -- it's a state contract. I don't
23 know, maybe it has something to do with two
24 different dealers. They may each have a different
25 number assigned to them, but it is the identical
31
1 truck. Heidi has the specifications on the truck.
2 It's a basic XLT Ford Ranger 4-by-4. The only
3 thing we added to it was the automatic transmission
4 on both quotes. The only reason why we want the
5 XLT instead of the XL was the XLT was actually
6 cheaper.
7 MS. PICKARD: Could that be one of
8 the reasons why those numbers are different, that
9 one's an XL and one's an XLT?
10 MR. EDWARD TUTRONE: No, they're
11 both XLTs that you have in front of you.
12 MS. PICKARD: Okay. This is for
13 the -- primarily for the sewage treatment plant, to
14 replace the existing green pickup?
15 MR. KERRICK: The existing. Yeah.
16 What's the board's pleasure?
17 MR. KEENER: Have you dealt with Day
18 or Warnock, either of them?
19 MR. EDWARD TUTRONE: We've dealt
20 with both of them. Warnock is -- when we bought
21 the F-150 last year, we bought it from Warnock.
22 And in two thousand, I want to say, 2, 2003, we
23 bought the F-450 utility by -- that came from
24 Fleet.
25 MR. KEENER: And any issues with
32
1 Day?
2 MR. EDWARD TUTRONE: No. No issues
3 with either one.
4 MR. KERRICK: No issues with either
5 one. The majority of the police vehicles come out
6 of Warnock and have when we had the Tobyhanna
7 Township Police.
8 MR. KEENER: I'll make a motion we
9 approve the bid for the XLT Ford Ranger for Day
10 Automotive Resources in the amount of $17,949.
11 MS. PICKARD: I'll second the
12 motion, but if I can amend that to be from the
13 sewer, that that's being purchased from the sewer.
14 MR. KEENER: That's fine.
15 MR. KERRICK: Motion and second on
16 the floor.
17 Any questions or comments from the
18 board?
19 MR. KEENER: Just a comment. You
20 know, it's the cheaper of the two and it's to be
21 delivered within 60 to 90 days versus 90 to 120.
22 MR. KERRICK: Thank you for your
23 comment.
24 Any questions or comments from the
25 public on the motion?
33
1 Call the vote.
2 Jamie?
3 MR. KEENER: I vote in favor.
4 MR. KERRICK: Donny?
5 MR. MOYER: I vote in favor.
6 MR. KERRICK: Hugh?
7 MR. LAMBERTON: I vote in favor.
8 MR. KERRICK: Heidi?
9 MS. PICKARD: I vote in favor.
10 MR. KERRICK: I'll vote in favor.
11 Motion carried.
12 Does anyone represent B'nai Harim,
13 request for waiver of land development?
14 As you recall, last week we had a
15 request for a land development waiver. I believe
16 they wanted to put a thousand square feet pavilion.
17 What's the board's pleasure? We
18 have no one representing the applicant. Do you
19 want to take action?
20 MR. KEENER: Their request is to
21 issue a building permit. They didn't request a
22 waiver of land development, but I wouldn't
23 recommend it anyway.
24 MR. KERRICK: I thought -- didn't we
25 have a letter?
34
1 MR. KEENER: Yeah, but their letter
2 is requesting issuance of a building permit.
3 MR. KERRICK: I apologize. The
4 letter that they said they were going to forward
5 last Monday was a request of a waiver of land
6 development.
7 MR. KEENER: Yeah.
8 MR. KERRICK: What's your motion,
9 Jamie, or do we have one?
10 MR. LAMBERTON: I'd table it.
11 MS. PICKARD: We're looking for a
12 township building permit rather than a commercial
13 permit, is what that says. That doesn't --
14 MR. KERRICK: There's a motion on
15 the floor to table from Hugh?
16 Is there a second?
17 MR. MOYER: I second.
18 MR. KERRICK: Motion and second to
19 table.
20 Questions or comments from the
21 board?
22 Questions or comments from the
23 public on the motion?
24 Call the vote.
25 Jamie?
35
1 MR. KEENER: I vote in favor.
2 MR. KERRICK: Donny?
3 MR. MOYER: I vote in favor.
4 MR. KERRICK: Hugh?
5 MR. LAMBERTON: I vote in favor.
6 MR. KERRICK: Heidi?
7 MS. PICKARD: I vote in favor.
8 MR. KERRICK: I vote in favor.
9 Motion carried.
10 Next on our agenda, Lake Naomi
11 Pedestrian Trail.
12 MR. DAVID ALBRIGHT: Good evening,
13 Dave Albright representing Lake Naomi Club. See,
14 this is under new business.
15 MR. KERRICK: This could be under
16 ongoing business.
17 MR. DAVID ALBRIGHT: It is ongoing
18 business really. Would the board like an overview
19 of the project? Are you all familiar with the
20 pedestrian bridge?
21 MS. PICKARD: We should get an
22 overview. We have a lot of new members. It's been
23 going since 2003.
24 MR. DAVID ALBRIGHT: I just pulled
25 this out of the bid documents, but we --
36
1 MR. KEENER: I believe we just
2 approved the right-of-way stuff.
3 MS. PICKARD: Yeah.
4 MR. DAVID ALBRIGHT: So the single
5 lane bridge that's here on 423, you're looking at
6 about 40 feet upstream closer to the spillway, the
7 Lake Naomi spillway, where the proposed 100-foot
8 stand prefab bridge would go, and there would be
9 abutments that would be built on either side of
10 that. And there'd also be approximately 1200 feet
11 of trail that would come from 423 and end up at
12 Woodland Avenue. So that's the location of the
13 project.
14 And what we're working on is,
15 there's a transportation enhancement grant and it's
16 $242,000, I believe, that has been approved. And
17 where we're at in the process is, there are two
18 things that PennDOT called me late last week and
19 said, we need to get this project moving forward.
20 There's two things we need: One is the
21 right-of-way clearance. They didn't have the
22 right-of-way clearance yet. That was the easement
23 that was just recorded Monday morning, okay?
24 MS. PICKARD: Today.
25 MR. DAVID ALBRIGHT: That's today.
37
1 It's been a long day. So that easement has been
2 recorded.
3 MR. ARMSTRONG: You're going to
4 provide the township with a copy of that?
5 MR. DAVID ALBRIGHT: I already did,
6 actually. I provided two copies. I provided a
7 copy to the engineer and also to Heidi, and I
8 forwarded onto McCormick Taylor; Brandi
9 Rotts (phonetic) is the representative for the
10 PennDOT project, and I forwarded that to her today
11 via a fax. So that information has been
12 distributed.
13 Second piece of information the
14 state was asking for was the bid documents; project
15 manual and the bid documents. I met with Engineer
16 McHale and Secretary Pickard, on Friday we met and
17 also this morning. And we marked up this document
18 looking at what the township has used in the past
19 on bidding documents, because what our engineer,
20 D.J. Hodson, from Langan had put together wasn't
21 specific to what Tobyhanna Township would have in
22 the bid. Okay? So this is marked up. It's going
23 back to our engineer, and what we'd like to do
24 because, of course, we want to show the state --
25 MR. KEENER: Dave, can I just see a
38
1 copy of it while you keep talking?
2 MR. DAVID ALBRIGHT: There's some
3 handwritten notes in there, but that was based on
4 today's meeting.
5 MR. KEENER: Most of the stuff is in
6 the front end?
7 MR. DAVID ALBRIGHT: Well, there's a
8 considerable -- you know, part of -- one of the
9 discussions that we had today, for instance --
10 Jamie, and you're under the page of project
11 directory -- who is the owner of the project? So
12 we listed -- because the township is the grant
13 applicant, the township is, but also the Lake Naomi
14 Club is. There's a shared responsibility there.
15 There's an indemnification agreement that the Lake
16 Naomi signed with the township in addition to the
17 easement that reflects that Lake Naomi Club would
18 be responsible for maintaining the trail and the
19 bridge moving forward.
20 MR. ARMSTRONG: Well, the township
21 has an easement right-of-way through the trail, but
22 the title owner is Lake Naomi.
23 MR. DAVID ALBRIGHT: Correct.
24 MR. ARMSTRONG: Right.
25 MR. DAVID ALBRIGHT: Correct. But
39
1 as far as -- the project needs to be bid through
2 the township. So with that, that's why we
3 identified both in terms of ownership. And at the
4 meeting today we discussed that I need to take this
5 back to Langan Engineers to update it and then we
6 would forward it to the township, and if the
7 township was so inclined to have the solicitor
8 review the document, to make sure it's consistent
9 with the township requirements.
10 And that's basically what I'm
11 looking for, is authorization, so you get this out
12 to bid as soon as it's updated by the engineer and
13 reviewed and okayed by the township solicitor.
14 MR. ARMSTRONG: Now, you're with?
15 MR. DAVID ALBRIGHT: I'm with -- I'm
16 representing the Lake Naomi Club. I'm
17 subcontracting with Lehigh Valley Technical
18 Associates.
19 MR. ARMSTRONG: Because there's
20 also, I see, the township's not going to be over --
21 it's not my understanding that the township's going
22 to be overseeing the construction of this, right?
23 It's going to be Lake Naomi's responsibility?
24 MR. DAVID ALBRIGHT: That is
25 correct.
40
1 MS. PICKARD: No. And we were
2 discussing that today.
3 MR. ARMSTRONG: So they're similar
4 to the previous discussion on the Stillwater Dam.
5 There should be an agreement between the township
6 and Lake Naomi indicating, you know, that Lake
7 Naomi, number one, is basically the contractor for
8 this project and that they would be overseeing all
9 the construction. Number two, that they will
10 likely be reimbursing the township for any cost
11 relating to the project that the township incurs in
12 and outside of the grant agreement -- or the grant
13 funding that has come in.
14 Is that funding already here?
15 MR. DAVID ALBRIGHT: No, it is not.
16 MR. ARMSTRONG: It's just been
17 approved.
18 MR. DAVID ALBRIGHT: It's just been
19 approved. It's very similar to what you described
20 earlier in terms of the way that the payment would
21 take place. The way it's proposed in here under
22 the directory, Lake Naomi's engineer would be the
23 inspector. They would be inspecting the
24 construction. The contractor, who we don't know
25 who that's going to be yet, would then submit a
41
1 bill. That bill would be submitted to the township
2 for payment. That would go -- be forwarded to
3 PennDOT, okay, along with the certification that
4 all the construction took place according to the
5 plans, according to specs. Okay? So then PennDOT
6 actually ends up forwarding a check here, according
7 to the information that I have. It's actually in
8 the front sleeve, excuse me, Jamie.
9 MR. ARMSTRONG: Lake Naomi's
10 responsible for all the permits that may be
11 applicable to the project, all the access that they
12 need to perform the construction?
13 MR. DAVID ALBRIGHT: Correct.
14 Correct.
15 MR. KEENER: There's some issues
16 with this because of the responsibilities of the
17 owner. Who is going to receive the bids, Tobyhanna
18 Township?
19 MR. DAVID ALBRIGHT: Correct.
20 MR. KEENER: Who is going to review
21 the bids?
22 MR. DAVID ALBRIGHT: It would be a
23 shared review. It has to be. I mean, Lake Naomi's
24 willing to take on the review of it and make the
25 recommendation, but ultimately it would be the
42
1 board of supervisors that would award the bid since
2 it's coming out from the township.
3 MR. KEENER: But we also have the
4 right to reject any bids?
5 MR. DAVID ALBRIGHT: Yes. That's in
6 there and in multiple places.
7 MR. ARMSTRONG: I haven't seen those
8 yet. I'm assuming you're going to -- I guess once
9 you make whatever revisions you have to make.
10 MR. KEENER: Are we going to also
11 share the responsibility of awarding the contract?
12 MR. DAVID ALBRIGHT: Yes. You would
13 be awarding the contract at a -- well, you would be
14 awarding the bid, and then in terms of the
15 signature of the contract, yes, there would be.
16 MR. KEENER: But I think there's
17 going to have to be some clarification because if
18 we do ownership with Tobyhanna Township and Lake
19 Naomi Club, it affects this whole thing because at
20 the very front it says Tobyhanna Township herein
21 after referred to as owner.
22 MR. ARMSTRONG: Right. That's why I
23 brought up the fact that we don't really have
24 ownership rights in the easement.
25 MR. DAVID ALBRIGHT: Well, Jamie,
43
1 that was worded that way prior -- today's meeting
2 you see that I added -- that was at the
3 recommendation of Engineer McHale that we add Lake
4 Naomi Club as a co-owner of the project.
5 MR. KEENER: Well, that's my
6 concern, though, is having co-owners --
7 MR. DAVID ALBRIGHT: I had it
8 listed, as you can see in the typed print, the
9 owner was Tobyhanna Township. The project
10 coordinator was the Lake Naomi Club. The engineer
11 was Lake Naomi's engineer.
12 MR. KEENER: Right. But I think by
13 just saying both are owners that affects the whole
14 front end documents because --
15 MR. DAVID ALBRIGHT: I agree with
16 you. It hasn't been updated based on that
17 suggestion.
18 MR. KEENER: Well, and I don't know
19 if -- I just have a concern where there's two
20 parties as owner having a responsibility, all of
21 these responsibilities; because if one agrees and
22 the other doesn't, then there's a problem. I
23 mean --
24 MR. KERRICK: But I think --
25 MR. KEENER: Do we have to be the
44
1 owner?
2 MR. KERRICK: I think, correct me if
3 I'm wrong, this has been going on for years, that
4 we had to be the owner --
5 MS. PICKARD: Yeah.
6 MR. KERRICK: -- for the money from
7 PennDOT.
8 MS. PICKARD: The deed of easement
9 was according to (inaudible) and then that spells
10 out that the guarantor --
11 MR. KERRICK: Pat hasn't even
12 reviewed this.
13 MR. KEENER: Well, the guarantee is
14 one thing, but owner is something completely
15 different.
16 MR. KERRICK: I don't recall, but I
17 know there was an issue with PennDOT.
18 MS. PICKARD: Well, they -- you
19 know, all this was predicated on this easement.
20 That's why this has hung out for so long because
21 PennDOT wanted the easement saying that we had that
22 clearance.
23 MR. DAVID ALBRIGHT: They wanted the
24 right-of-way clearance.
25 MS. PICKARD: The liability and the
45
1 maintenance is held with the grantor and not us as
2 the guarantee. I'm not sure how else we should
3 be --
4 MR. KEENER: Well, then under Item 2
5 here, under the bid form it says enter into a
6 contract with the property owner by executing
7 agreement on the basis of this bid.
8 MR. ARMSTRONG: The property owner
9 would be Lake Naomi, so that would be the -- kind
10 of the agreement. See, in my head -- I think --
11 are you the contact person for Lake Naomi for me or
12 is there someone else I should be talking to?
13 MR. DAVID ALBRIGHT: Wendy Freeman.
14 MR. ARMSTRONG: Okay.
15 MR. DAVID ALBRIGHT: That, Jamie,
16 was from -- the way this has been reworked, and
17 that's a good pickup there, but that was left in
18 there. But the way the total document reads now
19 there's an agreement that would be signed with
20 Tobyhanna Township.
21 MR. KEENER: Yeah, and --
22 MR. ARMSTRONG: There would have to
23 be.
24 MR. MOYER: Yeah. He needs to move
25 that along.
46
1 MR. DAVID ALBRIGHT: In the
2 appendices there's a standard agreement that
3 Tobyhanna Township would sign with the contract. I
4 don't know any other way that -- because it has to
5 be bid through the township. How can the township
6 bid it and then it gets awarded and then the
7 agreement's signed with another entity? I mean, if
8 there is a way to do that, I think we would be open
9 to that.
10 MR. KEENER: I'm not saying that has
11 to be done, but I just think it needs to be a
12 little clearer who the owner is and what the
13 agreement is between the two and who has
14 responsibility for what.
15 MR. ARMSTRONG: Right. And I don't
16 think that document -- I haven't seen that document
17 between the township and Lake Naomi, but there
18 needs to be one.
19 MS. PICKARD: What we have is the
20 indemnification agreement and the deed of easement.
21 MR. ARMSTRONG: Okay. The
22 indemnification agreement doesn't cover what I'm
23 talking about.
24 MR. KERRICK: Your time frame
25 doesn't allow to have everybody review it for the
47
1 next meeting, you're looking to get this bid as
2 soon as possible?
3 MR. DAVID ALBRIGHT: Well, the
4 concern that I have is the calling out from PennDOT
5 honestly was, if this project doesn't get off the
6 dime and move forward and get the right-of-way
7 clearance and get the bid out, the funding is gonna
8 be gone. So we're at risk of all the engineering
9 dollars that have been invested to date.
10 So although I can't stand here and
11 guarantee you that that is gonna be -- my hope is
12 that it's ready to go out by the end of this month,
13 but I can't guarantee that, but it would help us to
14 show good faith that we're ready to -- that the
15 township is also ready to move forward.
16 MR. ARMSTRONG: Well, you're going
17 to go back to PennDOT with the right-of-way access
18 that you just recorded today?
19 MR. DAVID ALBRIGHT: Yes, I am.
20 MR. ARMSTRONG: So that's one of
21 their concerns. And I think you can go back and
22 say that you had another meeting with the township
23 and, you know, there's some revisions needed in the
24 bidding document and an agreement needed between
25 the township and Lake Naomi. And whether or not
48
1 that can be done, you know, before next month's
2 meeting -- I think it can definitely be done before
3 next month's meeting before, you know, we get on
4 the ball. But I think PennDOT probably wants that
5 stuff to be in place not only in the bidding
6 documents but also the agreement between the
7 township and Lake Naomi before, you know, the
8 project gets underway.
9 MR. KEENER: And that may clear it
10 up, the agreement between the township and Lake
11 Naomi, but until that happens I still think that
12 should --
13 MS. PICKARD: Would we be able to do
14 that subject to getting an agreement and your
15 approval on those documents and Bob McHale's, if
16 necessary --
17 MR. ARMSTRONG: Uhm --
18 MS. PICKARD: -- to authorize the
19 advertising?
20 MR. ARMSTRONG: Oh, to authorize the
21 bidding documents?
22 MS. PICKARD: All we want to do is
23 really authorize the advertisement of the bid
24 subject to pulling this together here and getting
25 an agreement together.
49
1 MR. MOYER: Getting an agreement.
2 MR. ARMSTRONG: Yeah, you can do
3 that. That's fine.
4 MS. PICKARD: I mean, we were just
5 looking at best case. We didn't think that we
6 could advertise, probably not before March 2. And
7 it had to be advertised three times; March 2, 9,
8 and 16. We wouldn't be -- we were shooting to get
9 this, you know, awarded in April but we wanted this
10 cleaned up before we even got the advertising out,
11 is what we were --
12 MR. DAVID ALBRIGHT: I fully
13 acknowledge that there's more that needs to be done
14 with this document, but when we were talking, we
15 just want to move it forward as quickly as we can.
16 MR. KEENER: I'll make a motion that
17 we authorize advertisement of the Lake Naomi
18 Tobyhanna Pedestrian Bridge and Walkway subject to
19 revisions to the project manual relative to
20 ownership and subject to township engineer's
21 concurrence and our solicitor's concurrence with
22 revisions.
23 MS. PICKARD: And an agreement?
24 MR. KEENER: And an approved
25 agreement between -- or subject to an agreement to
50
1 be approved between Lake Naomi Club and Tobyhanna
2 Township.
3 MR. KERRICK: Motion on the floor.
4 Do we have a second?
5 MR. MOYER: I'll second.
6 MR. KERRICK: Who seconded, Donny?
7 Motion and second.
8 Questions or comments from the
9 board?
10 Questions or comments from the
11 public on the motion?
12 Call the vote.
13 Jamie?
14 MR. KEENER: I vote in favor.
15 MR. KERRICK: Donny?
16 MR. MOYER: I vote in favor.
17 MR. KERRICK: Hugh?
18 MR. LAMBERTON: I vote in favor.
19 MR. KERRICK: Heidi?
20 MS. PICKARD: I vote in favor.
21 MR. KERRICK: I vote in favor.
22 Motion carried.
23 MR. DAVID ALBRIGHT: Thank you.
24 MR. KERRICK: Thank you.
25 MR. LAMBERTON: Do you want this,
51
1 Dave?
2 MR. DAVID ALBRIGHT: Oh, thank you.
3 MR. KERRICK: You want to jump back
4 to Keswick Pointe?
5 MS. PICKARD: I don't know what you
6 want to do with that.
7 MR. KERRICK: We were happy with
8 Keswick Pointe. I'd like to see more detail on the
9 other side.
10 MS. PICKARD: For our work session?
11 MR. KERRICK: Well, I'd like to have
12 something before the work session if we could. I
13 think we should tell them what our concerns are.
14 I don't think we need a motion for
15 that, do we, Pat?
16 MR. ARMSTRONG: We're on Pocono
17 Motor Sports?
18 MR. KERRICK: No, no, we're past
19 Pocono Motor Sports. We're up to Keswick Pointe.
20 MR. ARMSTRONG: I'm sorry, that's
21 who I was thinking of. Yeah. I mean, if there's
22 concerns of the supervisors on the proposed
23 amendment of that driveway and they're not here
24 tonight to discuss it or explain why or what
25 they're doing --
52
1 MR. KERRICK: But if we list those
2 concerns and give them to Heidi and we get a letter
3 back to Mr. Hannig --
4 MS. PICKARD: You want to list them
5 now on the record or they'll just tell me what they
6 are?
7 MR. KEENER: Well, two of the
8 issues. One is access for the truck. Currently
9 they have to back into the plant. They're showing
10 a pull in movement. Second is the roadway marking
11 between the north and the south outparcels. It
12 needs to be modified to remove the restriction for
13 the northbound access from the southbound or from
14 the southerly parcel.
15 MS. PICKARD: Is that cross
16 hatching? Is that the cross hatching?
17 MR. KEENER: Yes. Well, the line
18 painting.
19 MR. KERRICK: Wasn't there some
20 discussion at the work session that Bob had to --
21 they did add a stop sign there?
22 MR. KEENER: Yes. They added a stop
23 sign and a stop bar.
24 (Discussion off the record.)
25 MR. KEENER: Where does that access
53
1 stop, John? Did they put a limit on that, on the
2 approved plan?
3 MR. KERRICK: I'd have to review it.
4 MR. KEENER: Ask Bob to take a look
5 at that because if we have to pull up and back in,
6 that makes them beyond the limit that they showed
7 on the plan for access.
8 MR. KERRICK: Anything else?
9 Anyone from the board have anything
10 they wish to discuss?
11 Anyone from the public have anything
12 they'd like to discuss with the board? Anything?
13 Done?
14 MR. KEENER: Done.
15 MR. KERRICK: We're adjourned.
16 Thank you for coming this evening.
17 (Meeting concluded at 8:01 p.m.)
18 ---
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5
6
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.
13
14
15 ______________________
16 EVILYS E. BRATHWAITE
Court Reporter
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