Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
-
In Re: Regular
Business Meeting
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Government Center Building
State Avenue
Pocono Pines, Pennsylvania
Monday, January 8, 2007, beginning at 7:10 p.m.
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PRESENT: JOHN E.
KERRICK, Chairperson
HEIDI
A. PICKARD, Vice Chairperson
HUGH
LAMBERTON, Member
ANNE
SINCAVAGE, Member
EMANUEL
KAPELSOHN, ESQUIRE,
Solicitor
ALSO PRESENT: Phyllis
Haase, Zoning Officer
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MR.
KERRICK: I would like to welcome
everyone here this evening. Call the
meeting to order with the Pledge of Allegiance.
(Pledge
of Allegiance was recited.)
MR.
KERRICK: First item on our agenda,
consider the minutes of work session meeting, 12/4/06.
Want
to table those?
MR.
LAMBERTON: I would make a motion that
the minutes from Monday, December 4 be approved.
MS.
SINCAVAGE: I would second the motion.
MR.
KERRICK: Motion and second on the
floor.
Any
discussion from the board?
Questions
or comments from the public on the motion?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I'll vote in favor.
Motion
carried.
Next
on our agenda, consider the treasurer's report dated January 2007.
MS.
PICKARD: I make a motion that we
approve the bill pack dated January 8, 2007, in the amount of $444,645.53.
MR.
KERRICK: We have a motion on the floor.
Do
we have a second?
MR.
LAMBERTON: I second the motion.
MR.
KERRICK: Any discussion or questions
from the board?
Questions
from the public on the motion?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: Vote in favor.
MR.
KERRICK: Vote in favor.
Motion
carried.
Next
we have solicitor's report.
Do
you have anything for -
MR.
KAPELSOHN: Nothing at this time.
MR.
KERRICK: Next on our agenda, Allstate
Insurance land development plan.
Anyone
here represent Allstate?
THE
REPORTER: Could you state your name,
please?
MR.
DEAN SWINK: Dean Swink.
THE
REPORTER: Can you spell that, please?
MR.
DEAN SWINK: S-w-i-n-k. BTT Associates.
THE
REPORTER: I'm sorry?
MR.
DEAN SWINK: BTT Associates.
We
were at the last planning commission meeting.
They recommended send the plan to the supervisors. At the present, when we submitted the
paperwork, I believe there should have been a CD disk that had the electronic
copy of the plan onto it. There
were - one waiver, two sections of the
ordinance in front of the supervisors to vote on, and the other outstanding
item would have been the storm water management agreement which, to date, we
haven't heard anything on it. It was
submitted to the township, though.
MS.
PICKARD: The disk was filed with the
township?
MR.
DEAN SWINK: It was submitted with the
paperwork. The township requested us not
to bring in a full plan set. They
requested smaller versions of the land development plan, like 18 by 24 inch
copy. And we also submitted our Mylars
on the standard site along with, I believe, three paper copies of said plan for
signatures. And the disk should have
been with all of it.
MS.
PICKARD: This is also listed as Zack
and Gary Enterprises?
MR.
DEAN SWINK: Yes.
MR.
KAPELSOHN: Do you know whether your
storm water agreement follows the standard form that the township specifies?
MR.
DEAN SWINK: As far as I know it was
submitted to Mr. McHale and the planning commission solicitor. I don't remember if you were the same
solicitor or not -
MR.
KAPELSOHN: No, I'm not.
MR.
DEAN SWINK: - I'm sorry.
MR.
KAPELSOHN: I'm not that.
MR.
DEAN SWINK: And I have not really heard
any comment. Mr. McHale supplied us with
the agreement. We basically filled in
the blanks and my clients, who I haven't seen yet tonight, had brought a check
into a planning commission meeting; but it was not needed at that point so -
MR.
KAPELSOHN: But you did use the form
that Engineer McHale supplied to you?
MR.
DEAN SWINK: Yes.
MR.
KAPELSOHN: Okay. Thanks.
MS.
PICKARD: I make a motion we approve the
Allstate Insurance Company/Sharon Grivner land development project, our project
number 2006 dash 022, with waivers to SALDO Sections 135 dash 15.A(15) and 135
dash 17 dot L. & M.
MS.
SINCAVAGE: I will second the motion.
MR.
KERRICK: We have a motion on the floor
with waivers.
The
second have the same waivers attached?
Any
discussion from the board?
Questions
or comments from the public on the motion?
Call
the vote.
Anne?
MS.
SINCAVAGE: Vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Next
on the agenda we have Allstate Insurance storm water agreement.
MS.
PICKARD: I make a motion that we
approve the Sharon Grivner/Allstate Insurance storm water agreement dated
January 5, 2007.
MR.
KAPELSOHN: It's referenced in it as
Zack and Gary Enterprises, LLC.
MS.
PICKARD: I will amend my motion. There was a comment on it.
MR.
KERRICK: Motion on the floor.
Do
we have a second?
MS.
SINCAVAGE: I will second the motion.
MR.
KERRICK: Motion and second.
Any
discussion or questions from the board?
Questions
from the public on the motion?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I'll vote in favor.
Motion
carried.
Thank
you for your time.
MR.
DEAN SWINK: Thank you. Can I ask the board just for a bit of
direction? I'm not real familiar with
Tobyhanna Township so how does -- when should we pick up Mylars or whatever for
recording purposes?
MR.
KERRICK: Everything is here that we can
sign?
MR.
DEAN SWINK: Yes, it should be. We submitted it all as part of the township's
request.
MR.
KERRICK: If everything is in order, if
they're initialed, we can sign them tonight.
If they're not, by our engineer, as soon as they're initialed, we'll
sign them and we'll have somebody call you and you can pick them up for filing.
MR.
DEAN SWINK: Thank you.
MR.
KERRICK: Thank you.
Next
on our agenda, Pocono Mountain School District West High School storage
facility land development plan.
No
one's here from the school?
Well
take Item C on our agenda and move it.
We also should do the same with D.
Next
on our agenda, Nish-Nick Inc., land development plan?
Anyone
here represent them?
THE
REPORTER: Could you state your name,
please?
MR.
LEO PIASECKI: Leo Piasecki.
THE
REPORTER: Could you spell that?
MR.
LEO PIASECKI: P-i-a-s-e-c-k-i.
THE
REPORTER: Thank you.
MR.
LEO PIASECKI: This is a proposed truck
facility for repair and maintenance.
It's existing Lot 9 of New Ventures Business Park. The building is roughly 17,000 square
feet. It is to be a repair
facility. It's not a traditional truck
stop per se. It's open 24 hours. There will not be parking permitted overnight
for trucks. And most of the business is
from -- by appointment only.
I
think the board has reviewed this previously.
I think it was submitted today to Bob McHale and should have been
distributed to everybody. If there is
really any questions - I'm filling in
for somebody tonight. He had an
emergency engagement so I could try to answer any questions the best as I can.
MR.
KERRICK: We'll go easy on you if you're
just filling in.
MS.
PICKARD: Do you know if the NPDES
permits were received?
MR.
LEO PIASECKI: I don't believe they
were, but a check should have been submitted today by Nish-Nick. I really don't know too much more about that.
MR.
KAPELSOHN: Do you know, is Mr. Singh,
Virender Singh, who signs the storm water agreement as president, is he the
president of Nish-Nick Inc.?
MR.
LEO PIASECKI: I believe so, yes.
MS.
PICKARD: I make a motion that we
approve the Nish-Nick Inc. land development project, motor vehicle service
station, our project number 2006 dash 018 subject to the township engineer's
review letter dated December 7, 2006, Review No. 4.
MR.
KERRICK: We have a motion on the floor.
Do
we have a second?
MR.
LAMBERTON: Second the motion.
MR.
KERRICK: Any discussion or questions
from the board?
Questions
on the motion from the public?
Yes,
sir.
MR.
CARL SELIG: Where is it located at?
MR.
KERRICK: It's in New Ventures -
MR.
LEO PIASECKI: New Ventures.
MR.
KERRICK: New Ventures Industrial Park
right alongside 80 behind the Dairy, you know, Pocono Mountain Dairy, right
behind there.
There
is the - I don't know if you can see the
rendering of it there.
MR.
LEO PIASECKI: The lot is adjacent to
the 80 off ramp, so there is really no concern with odors or sights or sounds
to any residential areas.
MR.
RAYMOND KEIPER: What's it going to
service, what kind of trucks?
MR.
LEO PIASECKI: Tractor-trailers, large
trucks.
MR.
RAYMOND KEIPER: Is there any access
coming off of 80 or -
MR.
LEO PIASECKI: No. Access will be off of 115 though New Ventures
Park.
MR.
KERRICK: Any other questions on the
motion?
Call
the vote.
Anne?
MS. SINCAVAGE: I abstain.
MR.
KERRICK: Hugh?
(Discussion
off the record.)
MR.
KERRICK: Hugh seconded it.
MR.
LAMBERTON: I did.
I
vote in favor.
Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Next
on our agenda, Nish-Nick Inc. storm water agreement.
MR.
LEO PIASECKI: I believe that paperwork
was submitted also. I -
MR.
KAPELSOHN: We have it.
MR.
KERRICK: That's correct.
MS.
PICKARD: Motion to approve the
Nish-Nick Inc. storm water agreement.
MR.
KERRICK: Motion on the floor.
Do
we have a second?
MR.
LAMBERTON: I will second the motion.
MR.
KERRICK: Discussion from the
board? Questions?
Questions
from the motion from the public?
Call
the vote.
Anne?
MS.
SINCAVAGE: I abstain.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I'll vote in favor.
Motion
carried.
Thank
you very much for your time.
It's
painless?
MR.
LEO PIASECKI: Little bit painless. I'll get used to it.
MR.
KERRICK: School district?
(Discussion
off the record.)
MR.
KERRICK: Next item on our agenda is
Jerry and Eric Hanna storm water agreement.
MS.
PICKARD: I make a motion we approve the
storm water management agreement.
MR.
KERRICK: Motion on the floor.
Do
we have a second?
MS.
SINCAVAGE: I will second the motion.
MR.
KERRICK: Any questions or comments from
the public on the motion?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Next
on our agenda, Kevin Callahan/site specific land development plan.
MR.
JAMIE B. KEENER: Hi.
MR.
KERRICK: Hi.
MR.
JAMIE B. KEENER: Jamie Keener from
Herbert, Rowland and Grubic, Engineers.
I'm here representing Kevin Callahan, who is with us this evening, and
K-2 Investments.
There
is a land development plan before you for approval. There is proposed a 2400 square foot
warehouse and a maintenance building to the rear of an existing residence that
is in the commercial district on Route 115, just north of Blakeslee. The business is - they sell grinder pumps and this building
will be used to store and maintain grinder pumps so they're convenient to the
areas that they're needed.
Planning
commission recommended approval at the last meeting. There is one outstanding item. We just received the HOP in December. We resubmitted revised erosion control plans
to the Conservation District on Friday, and they're relatively minor. I have a storm water agreement here which is,
I guess, the next item. There are three
copies and the check.
Also
I have an - elevations, if you want to
take a look, of the building. Any
questions or comments or -
MR.
KERRICK: You may have stated it. For the public, where is this located, how
many miles from the corner?
MR.
JAMIE B. KEENER: It's half a mile from
the corner of 940 and 115 intersection, on the east side. We have not yet submitted the Mylars but
pending conditional approval we would have those delivered tomorrow. This existing sewer service, we're going to
make a minor change because of the location of the existing force main conflict
with the building, which is going to pull it around - it doesn't show it on your drawing, but
it'd just be relocated to the front of the building and tie back into the
existing force main.
The
residence will be manned - or the
business will be manned by the person who lives in the residence. Normal operating hours would be eight to
five. It won't be - considering the product there won't be a
showroom. People will drop off pumps to
be serviced or pick up a new pump to install; so there won't be very much
traffic at all. Again, the HOP was a continuation
of an existing permit and we did receive a copy of that.
MS.
PICKARD: Was that submitted to the
township?
MR.
JAMIE B. KEENER: I would think the
township got a copy of it. If not, I can
see that a copy is delivered, supplemental occupancy acknowledging there was an
existing permit there.
MR.
KERRICK: What's the board's pleasure?
MS.
PICKARD: Make a motion we approve Kevin
Callahan/K-2 Investments land development plan, our project number 2006 dash
023, with waivers to SALDO sections 135 dash 15.A(15) and 135 dash 17 dot L.
& M. and subject to completion -
well, storm water we're doing separately.
MR.
KERRICK: Could you reference in your
motion Review No. 3 letter?
MS.
PICKARD: Referencing Review No. 3.
MR.
KERRICK: We have a motion on the floor.
Do
we have a second?
MR.
LAMBERTON: Second the motion.
MR.
KERRICK: Any questions or comments from
the board?
Questions
on the motion from the public?
MR.
PETER TOTA: Question.
MR.
KERRICK: Yes, sir.
MR.
PETER TOTA: Peter Tota, T-o-t-a.
What
is grinder pump?
MR.
JAMIE B. KEENER: I'll let the gentleman
tell you.
MR.
KEVIN CALLAHAN: (Inaudible) Tobyhanna
collects the sewage from your home, collects it in a vessel, grinds it up and
pumps it through a small diameter pipe.
MR.
PETER TOTA: This is just a facility
that's going to be shown? It's not a
working facility? Just a place
where -
MR.
JAMIE B. KEENER: Maintenance and
warehouse facility.
MR.
PETER TOTA: Thank you very much.
MR.
KERRICK: Any other questions on the
motion?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Thank
you.
Next
on our agenda is the storm water agreement.
Do you have any comments, Manny?
MR.
KAPELSOHN: They're fine.
MR.
KERRICK: Do we have a motion?
MS.
PICKARD: Motion to approve the Kevin
Callahan/K-2 storm water agreement.
MS.
SINCAVAGE: I'll second the motion.
MR.
KERRICK: Motion and second on the
floor.
Any
discussion?
Questions
or comments on the motion from the public?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Thank
you very much.
Next
on our agenda, Pocono Mountain School District tennis court storm water
agreement.
Did
we get any -
MS.
SINCAVAGE: J.
MR.
KERRICK: K.
MS.
PICKARD: I will make a motion to
approve the storm water management agreement with Pocono Mountain School
District for the Pocono Mountain West High School tennis courts.
MR.
KERRICK: Motion on the floor.
Do
we have a second?
MR.
LAMBERTON: I will second the motion.
MR.
KERRICK: Questions or discussion from
the board?
MR.
KAPELSOHN: Give me a moment to finish
looking at something, if you would?
MR.
KERRICK: Okay.
MS.
PICKARD: This was the one we have
tentatively -
(Discussion
off the record.)
MR.
KERRICK: We have no questions from the
board?
Questions
from the public on the motion?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Next
on our agenda, Pocono Mountain School District-Tobyhanna Elementary Center
expanded parking lot storm water agreement.
Manny just reviewed that one as well and has no problem with it.
MS.
PICKARD: I make a motion we approve the
Tobyhanna Elementary Center expanded parking lot storm water management
agreement.
MR.
KERRICK: Motion.
Do
we have a second?
MS.
SINCAVAGE: I will second the motion.
MR.
KERRICK: Motion and second.
Any
questions or comments from the board?
Questions
on the motion from the public?
Call
the vote.
Anne.
MS.
SINCAVAGE: Vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: Vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: Vote in favor.
MR.
KERRICK: Vote in favor.
Motion
carried.
Next
on our agenda - maybe you need sometime
to review this?
Indemnification
agreement-Pinecrest Lake Phase 2, Section 3.
Want
us to jump to something else?
MR.
KAPELSOHN: Yes, would you please?
MR.
KERRICK: You're on. Pocono Mountain School District, Pocono
Mountain West High School storage facility land development plan.
Is
that you?
MR.
VINCENT J. TRICOME: Storage facility.
MR.
KERRICK: Storage facility.
THE
REPORTER: Can you state your name,
please?
MR.
VINCENT J. TRICOME: Vincent Tricome.
THE
REPORTER: I'm sorry?
MR.
VINCENT J. TRICOME: Vincent Tricome.
I'm
Vincent Tricome with Schoor DePalma. I
don't believe the board has seen the elevations of the building. I don't know if you're interested in
reviewing that? I was told that the
color pallet and the materials is going to be the same as the elementary
school. And I have the elevations if you
would like to see them.
MS.
PICKARD: Same as the elementary school?
MR.
VINCENT J. TRICOME: Right.
That was recently built a year ago?
MS.
PICKARD: Middle school.
MR.
VINCENT J. TRICOME: I'm sorry, middle
school.
The
storm water management agreement was delivered today. We were late getting that in. This is the storage facility, a gravel
driveway to access it, plus it had to be fire accessible. All sides of the building were connected to
an existing parking lot that has - I
believe the maintenance building is on this side and we're constructing a new
detention facility here.
We
have sanitary sewer accessible here through a pump station and water through
the existing building and electrical is up the street. Monroe County Conservation District has
approved it. The erosion sediment
control plan, it's a minor revision to an NPDES permit. There is no adequacy letter issued. We submitted three copies of the erosion
sediment control plan as per Carl Meyer today for his records.
The
only other outstanding item was the storm water management agreement which was
delivered today to Maureen, in which we took out some of the strikeouts.
MR.
KERRICK: Does the board have any
questions?
MS.
PICKARD: I will make a motion to
approve the Pocono Mountain School District land development plan west campus
storm building, our project number 2006 dash 017, with the requested waiver,
SALDO Section 135 dash 17 dot L. & M., with reference to our Review No. 4.
MR.
KERRICK: We have a motion on the floor.
Do
we have a second?
MR.
LAMBERTON: I'll second the motion.
MR.
KERRICK: Questions or comments from the
board?
Questions
on the motions from the public?
MR.
VINCENT J. TRICOME: Does that include
the storm water management agreement?
MR.
KERRICK: We'll do that next.
Call
the vote.
Anne?
MS.
SINCAVAGE: Vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Next
on our agenda, Pocono Mountain School District, Pocono Mountain West High
School storage facility storm water agreement which Manny has no problems with.
We
need a motion and a second.
MS.
PICKARD: Motion to approve the storm
water management agreement, storage facility at Pocono Mountain West High
School.
MS.
SINCAVAGE: I would second the motion.
MR.
KERRICK: Any questions?
Questions
from the public on the motion?
Call
the vote.
Anne?
MS.
SINCAVAGE: Vote in favor.
MR.
KERRICK: Pardon?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Thank
you.
(Discussion
off the record.)
MR.
KERRICK: Manny is going to go over this
agreement for Pinecrest.
Recall
the item? Want me to recall it?
Indemnification
agreement-Pinecrest Lake Phase 2, Section 3.
Manny,
could I have your comments, please?
MR.
KAPELSOHN: This is an indemnification
agreement that I reviewed back in October and I requested some changes to it
and they've made the requested changes; so it meets with my - my approval, at least.
MR.
KERRICK: What's the board's pleasure?
MS.
PICKARD: Can I ask a question? Do we approve this indemnification agreement,
they will issue certificate of occupancy if this is not done or is this saying
this will be done prior to?
MR.
KAPELSOHN: I don't know - I don't know the answer to your
question. I was presented just with the
indemnification agreement as to whether it was legally sufficient or not. I looked at it at the time and made some
suggestions. They were implemented.
MS.
HASSE: I am presently holding a
certificate of occupancy pending this approval.
MS.
PICKARD: Because this is going back
awhile, this memo.
Motion
to approve.
MR.
KERRICK: Motion on the floor to
approve?
MR.
LAMBERTON: I will second the motion.
MR.
KERRICK: Questions or comments from the
board?
Questions
on the motion from the public?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Next
on our agenda, equipment rental bid.
That's in your packet. We had two
bidders, Papillion & Moyer and Locust Ridge, and there is a memo to you
with the difference of the two. Manny has
reviewed them.
MR.
KAPELSOHN: Is this the item that was
tabled last month?
MS.
PICKARD: Yes, it is.
MR.
KERRICK: Yes.
MS.
SINCAVAGE: The only question I have,
Manny, on Papillion & Moyer's bid, they put the ten percent certified check. The bid opening was on December 4, 2006. Their check was written on December 5,
2006. The check is written out to -
MR.
ED TUTRONE: Manny, the check was in the
sealed envelope with the bid. Check was
in the sealed envelope with the bid at the
-
Mr.
KAPELSOHN: What time was the bid
opening? It was afternoon, wasn't it?
MR.
ED TUTRONE: 4:00.
MR.
KAPELSOHN: 4:00. I don't think he could have negotiated the
check that day anyway, but I'm not sure that's the answer.
MS.
SINCAVAGE: I just noticed that.
MR.
KAPELSOHN: Give me just a moment if you
could, please.
MR.
ED TUTRONE: Manny? According to this, when it was received, it
was hand delivered at 3:54 p.m. on the 4th.
I don't know if maybe - that's
off the bank, if they got the check after 3:00
-
MR.
KAPELSOHN: The bank probably dates it
the next date, but let me - hold on one
second.
(Discussion
off the record.)
MR.
KAPELSOHN: My best on the spot answer
is that it's still a valid bid. Specification
Section C, Item 9 says accompanying this proposal is a certified check or bid
bond payable to the municipality in the amount of ten percent as a proposal
guarantee, which it is understood would be forfeited in the event the
contractor is awarded the contract and fails to provide the necessary
performance bond as required in Paragraph 10.
MS.
PICKARD: How could you get a certified
check dated the next day?
MR.
KAPELSOHN: Simply because they probably
went in after - after a certain time in
the afternoon the bank puts the next day's date on it. The fact is they have both the certified
check in the required amount and they also have submitted with their bid a
bond. And if they failed to provide the
bond, it would be the next day at least.
I
mean, I think it's a valid check for this purpose. I think it's a good question and my best on
the spot response is I think it's still a valid bid and valid check for this
purpose. They couldn't fail until the
next day or later than the next day, and the fact is the check is good the next
morning.
MR.
KERRICK: What's the board's pleasure?
MS.
PICKARD: I just have a question, when
we advertise this, this is for rental of equipment on emergency as needed
basis? We're not committing to any -
MR.
KERRICK: We're not committed to
anything, no.
Just
a comment, I would like to add to that, that when we had the natural disaster,
the flooding this year? FEMA was very
pleased that we had that in place and we could use our rates and it didn't
delay us in getting the money. Just a
side note.
MS.
PICKARD: I make a motion we approve the
bid from Papillion & Moyer in the amount of $99,400.
MS.
SINCAVAGE: I second the motion.
MR.
KERRICK: Questions on the bid - questions on the motion, excuse me.
Questions
from the public on the motion?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I abstain.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor. Motion carried.
Next
on our agenda, Run for Children with Dyslexia.
What's
the board's pleasure? It's in your
packet.
MS.
PICKARD: Do you know if this was sent
to the Regional Police?
MR.
LAMBERTON: I don't know there is
anything specific that we have to respond to.
MS.
PICKARD: They're asking for written
approval.
MR.
KERRICK: They're asking us for written
approval.
MR.
LAMBERTON: Approval of what?
MR.
KERRICK: I guess if they're going to
run - run through the township.
MS.
SINCAVAGE: Maybe we should send
this -
MR.
KERRICK: I'm going to take it to the
police meeting tomorrow night, and they may have already got -
MS.
PICKARD: It says we would like to
review it with the respective police -
MR.
LAMBERTON: Coming down the state
highway.
MR.
KERRICK: Correct. I'm sure PennDOT's involved. It's quite a race. 180 miles.
MS.
PICKARD: We'll be listed (inaudible).
MR.
KERRICK: Do we have a motion to send a
letter of support?
MS.
PICKARD: So moved.
MS.
SINCAVAGE: Second.
MR.
KERRICK: Questions on the motion?
Questions
on the motion from the public?
MR.
RAYMOND KEIPER: What kind of race is
it? Is it a bicycle race?
MR.
KERRICK: I believe they're
runners. It's a relay race. It starts in
- 180 miles long. That's why it's
relay. It starts at the Bloomsburg
Fairgrounds. Goes around to Pikes Peak,
Laurel Run, down to Effort and ends up in Berks County Campus, Penn State
University.
MR.
RAYMOND KEIPER: And then coming though
Tobyhanna Township?
MR.
KERRICK: They'll be coming down 115.
MR.
RAYMOND KEIPER: What's it going to cost
the taxpayers for police protection, stuff like that?
MR.
KERRICK: I can't answer at this
time. They may have - when they did the race last year in Mount
Pocono, they had volunteers for traffic.
The police were involved, but very limited.
MR.
RAYMOND KEIPER: Just a question.
MR.
KERRICK: I can't answer that question
at this time.
MS.
SABRINA SIMS: Do you know when they're
doing it?
MR.
KERRICK: Pardon me?
MS.
SABRINA SIMS: Do you know when they're
doing it?
MR.
KERRICK: Do I know whether they're
doing this?
SABRINA
SIMS: When?
MR.
KERRICK: June 30.
MS.
PICKARD: Through July 1.
MR.
KERRICK: June 30 through July 1, is
it? Yes, July 1, 2007.
MS.
SABRINA SIMS: Yes, July 1, 2007.
You're
welcome.
THE
REPORTER: Can I have your name, please?
MS.
SABRINA SIMS: Sabrina Sims.
MR.
KERRICK: Any other questions from the
public?
Call
the vote.
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS. PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Next
on our agenda, Pocono Mountain Investors, time waiver - or Pocono Manor. I said Pocono Mountain so many times.
Anyone
here from Pocono Manor?
Manny,
could you explain what they're requesting, please?
MR.
KAPELSOHN: There's a request from Marc
Wolfe, who is the attorney for Pocono Manor Investors, that the supervisors
clarify and/or amend two aspects of the conditional plan approval previously granted.
One
is No. 1, Pocono Manor Investors, which is PMI, PMI requests that the
supervisors clarify and/or amend Condition 15 to read as follows: Compliance with all requirements of the State
Gaming Commission in the event that a casino license is issued. If the casino license is not licensed by the
State Gaming Commission for the project after exhaustion of all appeals, this
preliminary plan approval is void.
And
they request that Item No. 2, that they're requesting, is PMI reserves the
right to request modifications and adjustments to the conditions delineated in
a December 18, 2006 resolution adopted by the board of supervisors as expressed
in correspondence dated December 19, 2006 from the township to the undersigned,
as the engineering of the project matures through final land development plan
approval.
Basically
the first modification is to clarify that if
- if their application for a casino license is denied, which it has
been, that after the exhaustion of all appeals of that denial, the preliminary
plan approval would become void. The
second provision that they're asking for is simply one that says they have the
right to request modifications and adjustments to the conditions as the
engineering of the project matures. It
doesn't say that the township has to approve any requested modifications or
adjustments.
As the
supervisors know, there were many conditions put on it because the engineering
was not in a final state of completion, and it was understood that things would
be developed. So this is saying they
reserve the right to ask for changes as the engineering develops.
Neither
the planning commission special solicitor for this purpose, John Rice, Attorney
Rice, nor I have any problem with these two conditions if the supervisors are
so inclined.
MR.
KERRICK: I have one question or comment
that John Rice's letter to myself and the board of supervisors, that Marc Wolfe
would submit the letter to the board but also in writing by today would agree
to all conditions - all other
conditions, and I don't think they submitted a letter, that I'm aware of, where
they agreed to the conditions today.
MS.
PICKARD: Which would include this
amended condition, I believe.
MR.
KAPELSOHN: Are you looking at this
section of Attorney Rice's letter?
MR.
KERRICK: Yeah. I also had a conversation with Attorney Rice
and he advised me that -
MR.
KAPELSOHN: It says Marc Wolfe advised
me, meaning Attorney Rice, that he will be submitting a letter to the board
agreeing to all of the other conditions and the revised Condition 15, assuming
that the board is in - so you're saying
the township hasn't received that letter yet?
MR.
KERRICK: I expected him here this
evening with the letter, but the only way that I would think we could proceed
is if we would have to have that conditioned upon that letter.
MS.
PICKARD: Among other things.
MR.
KERRICK: Among other things.
MR.
KAPELSOHN: I will say that I found
Attorney Wolfe to be good to his word so far.
If he says he's going to provide a letter, he's always provided it. I think if you are inclined to approve these
two clarifications you can approve them conditioned on Attorney Wolfe providing
the letter that says they accept all of the other conditions, as well as these
modified conditions.
MR.
KERRICK: There is two other things that
we were going to add to that.
Engineering and attorney fees to present, they were going to pay us to
date, those - the balance and then enter
into a professional services agreement for future - for additional fees.
MR.
KAPELSOHN: And I think you should
condition on that as well.
MR.
KERRICK: If you aren't opposed, could
Manny craft the motion?
MR.
KAPELSOHN: I'd say move that the Pocono
Manor land development plan resolution of December 18, 2006, adopted by the
board of supervisors, be clarified and amended in accordance with two points
noted in Attorney Marc Wolfe's letter to the board of supervisors dated January
5, 2007 conditioned on several things.
Number
one. Conditioned on Attorney Wolfe
submitting a letter he has indicated he would submit to the board agreeing to
all of the other conditions of the board's land
- preliminary land development plan approval and agreeing to the revised
Condition 15 as set forth in Attorney Wolfe's January 5, 2007 letter.
Further
conditioned on Pocono Manor Investors paying the fees incurred to date for
engineering and legal review of Pocono Manor Investors plans and further
conditioned on Pocono Manor Investors entering into a professional services
agreement with the township to cover future engineering, legal and other
professional fees incurred with regard to the proposed project.
MS.
PICKARD: So moved.
MS.
SINCAVAGE: Second.
MR.
KERRICK: Motion and second on the
floor.
Discussion
or questions from the public on the motion?
Call
the vote?
Anne?
MS.
SINCAVAGE: I vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
Last
on our agenda, Pinecrest Lake, Phase 7.
MR.
KAPELSOHN: Anyone here from Pinecrest
Lake?
We
have a situation with Pinecrest Lake plan residential development, and I will
try to outline it as briefly as I can.
Pinecrest Lake had a tentative approval on Phases 7 and 8, which
tentative approval expired on June 1, 2006.
Not realizing that, on June 5, 2006, four days after the tentative
approval expired, the supervisors granted an extension of time to Pinecrest
Lake to submit for final approval.
The
fact that their tentative approval had expired four days earlier then came to
our attention. Our office looked into
the legality of the situation and our conclusion was that the Municipalities'
Planning Code, which is state law, says that once the tentative approval
expires without an extension having been granted it becomes null and void. In other words, the board can't vote - can't validly vote to extend once it's
already expired. It was the developer's
responsibility to come to the board before that time.
My
understanding is that Pinecrest Lake is not unaware of that aspect of state law
because on a prior occasion with prior phases of their project, their time for
submitting for final approval had expired several years previously with other
phases. And after it had expired, they
were required to resubmit.
After
we came to this conclusion, which we expressed in a June 15 letter to the
township, I wound up having a lengthy and detailed discussion with Pinecrest
Lake's attorney. We looked at the
Municipalities' Planning Code together.
We were on opposite ends of the telephone call, but he pulled it out and
looked at the language while I looked at the language. And my interpretation of our conversation was
that he basically agreed with me in interpreting the language, that the time
had expired.
I'm
not sure we came to any conclusion about what would be done about that, but he
did not contest with the fact that the time had expired and that the MPC,
Municipalities' Planning Code, was mandatary in its language. It wasn't something that the board had
discretion to decide to do differently.
At
this point, as I understand it, Pinecrest Lake developer appeared before the
planning commission a week ago and submitted a plan for final approval. The planning commission was aware of the
situation, and my understanding is that the planning commission voted to
recommend the final approval but only if the board of supervisors decided that
it could accept it, decided that it had not expired and could legally accept
it.
At
this point we're up against a time limit, and one of two possibilities. If the developer's 45 days within which the
board of supervisors has to act began to run on December 7, then we would have
another 13 days or thereabouts to render a decision. We wouldn't have another meeting before
then.
At
the planning commission meeting a week ago the developer, Mr. Carol, stated on
the record, I am told by the solicitor for the planning commission, Mr. Carol
agreed on the record that his time, his 45 days or our 45 days would start to
run as of last week, January 4. If
that's the case, we have 35 or 40 days left to reach a decision.
I
would suggest that under the circumstances and I expected that they would have
someone here tonight, but they don't, I would suggest that we table this for
the moment. Let me try to contact their
counsel tomorrow, see if we can reach some resolution of this situation.
One
of the things I proposed as a possibility was that they be allowed to submit or
resubmit, if you will, for preliminary approval and final approval both at the
same time so we can look at that package together. Our engineer, Bob McHale, has not reviewed
their submission because this has been basically in limbo since last summer
when we decided that the extension of time was improperly granted.
So
I would suggest, even though it may run into a scheduling problem, I would
suggest we table it until I could talk to their attorney. I will try to do that tomorrow.
MR.
KERRICK: And we may have to schedule a
special meeting?
MR.
KAPELSOHN: We might, but then again if
they agree on the 45 days starting to run January 4, it may not require any
special meeting, and I'm hoping that they will at least agree to a time
extension since we're trying to resolve the problem for everyone's benefit.
MS.
PICKARD: If they did agree with the
time, we don't need -
MR.
KERRICK: Don't need a special
meeting. We may have to schedule a
special meeting, but we may not.
What's
the board's pleasure?
MR.
LAMBERTON: I make a motion we table the
request.
MS.
PICKARD: I will second the table.
MR.
KERRICK: Questions or discussion from
the board?
Questions
from the public on the motion?
Call
the vote?
Anne?
MS.
SINCAVAGE: Vote in favor.
MR.
KERRICK: Hugh?
MR.
LAMBERTON: I vote in favor.
MR.
KERRICK: Heidi?
MS.
PICKARD: I vote in favor.
MR.
KERRICK: I vote in favor.
Motion
carried.
We - that's it for our agenda items. I just want to announce that we had an
executive session this evening from 6:50 to 7:05.
Does
the board have anything else they would like to discuss?
I
will open it up to the public. Do you
have anything you would like to discuss with the board?
Yes,
sir.
MR.
PETER TOTA: Peter Tota.
On
the trench work that's being done around Lake Naomi, couple of questions.
Has
that ever been surveyed by a surveying party of where the trenches go and where
they should be, how deep, if needed or not needed? Or is it just if - the guy on the machine digging trenches?
MR.
KERRICK: No. Most of the areas that we're working in had
flooding problems.
MR.
PETER TOTA: But has it been engineered
as far as -
MR.
KERRICK: Some areas have; some areas
have just been field engineered.
MR.
PETER TOTA: How is the trenching being
funded? Through government funding
or -
MR.
KERRICK: Some of the washouts were
funded with FEMA money and some of it is from the general budget.
MR.
PETER TOTA: And is this being paid by
like - you have like so many millions to
use or is it being paid by time and material, by footage and work being done?
MR.
KERRICK: Depends on - I'm not quite familiar - they're several different ways it was paid;
so I can't answer your question the way you asked it.
MR.
PETER TOTA: If the person that does the
paving - does he go out and inspect the
work as if the work should have been done or not should have been done or is he
doing work -
MR.
KERRICK: Some of it has been inspected,
correct.
MR.
PETER TOTA: And it's approved by - does this person have an engineering degree
or -
MR.
KERRICK: We have an engineer on staff,
sir.
MR.
PETER TOTA: Does the person that
signs -
MR.
KERRICK: I said some yes; some is
no. It was inspected by the field
superintendent from DPW.
MR.
PETER TOTA: DPW? And that field inspector is a licensed
engineer?
MR.
KERRICK: I didn't say that.
MR.
PETER TOTA: Okay.
MR.
KERRICK: Could you get to your
point? I'm not quite sure what you're
asking.
MR.
PETER TOTA: The point is, there's a lot
of work being done around the lake that doesn't have to be done. You're putting the people in the lake
driving - hitting the brakes, falling
into this trench that's five foot wide, three feet deep. You're going to roll the car over. You can hit your head against the windshield,
against the post, become unconscious.
You don't know when the ranger is going to come over there to say hey,
look at this car in the trench.
There's
instances - and I talked to Dave from
Papillion & Moyer - where he's doing
work and he's grading the side of a wall down by Woodland and Miller, all - he stripped the whole wall down with dirt,
put in a five foot wide, three foot trench going downhill from - going up to the four way intersection,
there's a stop sign, with a head wall, that you have to - if a deer comes out, you have ice, which
you've been lucky this year, or you have gravel, and you veer off, you're going
to hit this head wall. No catch basin. Catch basin could be put in.
I
would let you know, I got 20 years experience in construction. I don't have a degree. I worked on the Opera House in New York, from
the bottom up; the Pan Am building; so I basically know what I'm talking about. There's a lot of work that should - don't have to be done. You can put swales in. You could put in a four foot swale by a foot
and a half foot deep and rock, riffraff.
Got to go downhill, put a catch basin on the end. The people are safe. The township is making an unsafe environment
around the lake.
Also
all the salt, that when it's put down and all the oil that's on the ground now,
when it rains, it goes into the trench, you're directing it now into the
lake. Is there going to be an
environmental study of how much salt can this lake take before you start
contaminating the lake?
MR.
KERRICK: Nothing has changed. It's just cleaned out. DEP would like the salt to get to the lake as
soon as possible and not on the ground.
As far as oil, I can't answer that.
There's probably no more oil there than there ever was.
And
as far as the head wall you're talking about, that was there. It was just washed in.
MR.
PETER TOTA: It was just put in. Dave -
MR.
KERRICK: No, it wasn't. It was there from original.
MR.
PETER TOTA: But there was no
protection. You're coming downhill. You have to veer off to the right, you're
going head on into the wall. Why wasn't
a catch basin put like you did on the other side, to that side so you don't hit
the - you're hitting a trench of three
and a half feet deep with a head wall.
If that car goes down that hill and you go head on into that stop sign,
you're going to wind up - somebody's
going to hit the windshield, got to be.
I'm - you have bicyclists that are
concerned. You got kids. In the summertime they will be playing in the
street. Suppose they - a driver say hey, look at the tree, look at
this and doesn't see this kid, and all of the sudden somebody has to jump out
of the way into a trench. They're being
hurt.
You
also have - how do you maintain these
trenches? There is trenches now filled
with leaves and branches, and all the pipe that are under the driveways are
full. When it rains, the water just lays
there. So the trenches are being used
for its full potential. Now, I got a
list here just in my area of eight concerns that downhill trenching, when all
you had to do was put a swale, it didn't have to be that deep. You could put a swale and went down. I never seen a five foot by three foot trench
downhill like that. And to me I think
it's a waste of money.
Somebody
is using money because the money is there and it's not being used at its
potential. And if there is no
engineering being done because Dave from Papillion & Moyer figures that oh,
we need a trench here and he puts a trench in, does he have a degree? What gives him the right to dig a trench
without an inspector or an engineer from the township saying hey -
MR.
KERRICK: He was directed to dig
ditches.
Could
I have your list of concerns and I will check into them, please? And I appreciate your comments.
MR.
PETER TOTA: This is just some of them,
in the one area.
MR.
KERRICK: That's fine. Get them altogether and drop them off. I will be more than happy to take a look at
them.
MR.
PETER TOTA: Is anything going to be done
about it?
MR.
KERRICK: I said I would be more than
happy to take a look at them and I will respond back to you.
MR.
PETER TOTA: Okay.
MR.
KERRICK: Thank you.
MR.
PETER TOTA: I'll give you my address.
MR.
KERRICK: I know exactly where you live.
MR.
PETER TOTA: That's fine.
MR.
KERRICK: Thank you.