Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
---
In Re: Regular Business Meeting
---
Tobyhanna Township Government Center Building
State Avenue
Pocono Pines, Pennsylvania 18350
Monday, December 10, 2007 beginning at 7:02 p.m.
---
PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
ANNE SINCAVAGE, Board Member
HUGH LAMBERTON, Board Member
JAMIE B. KEENER, Board Member
EMANUEL KAPELSOHN, ESQUIRE, Solicitor
ALSO PRESENT: PHYLLIS HAASE, Zoning Officer
---
______________________________________________________________
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. Can we call the
3 meeting to order with a Pledge of Allegiance?
4 (Pledge of Allegiance was recited.)
5 MR. KERRICK: Two announcements.
6 First announcement. We held an executive session
7 this evening from 6:30 to 7 p.m., pending
8 litigation matters and also we are accepting
9 letters of interest for the zoning hearing board
10 and the planning commission.
11 First item on our agenda. Consider
12 the minutes of October 8, '07 Ordinance 461 public
13 hearing and October 8, '07 regular business
14 meeting.
15 MR. LAMBERTON: I make a motion for
16 the October 8, 2007 Ordinance 461 public hearing
17 and the October 8, 2007 regular business meeting be
18 approved.
19 MR. KERRICK: Motion on the floor.
20 Do we have a second?
21 MS. SINCAVAGE: I'll second.
22 MR. KERRICK: Motion and second.
23 Any questions or comments from the
24 board?
25 MS. PICKARD: A couple of
3
1 corrections on the October regular business
2 meeting. On Page 26 there was a typo on Line 15,
3 it should be approving; and on Page 40, Line 22,
4 we're not really sure. It says Eastern Lake
5 Property when we're talking about Dunkin' Donuts.
6 I think that was eastern -- we don't know of any
7 lake there. And there's a typo on Page 71, Line
8 15, misspelled correspondence. And Page 76, Lines
9 15 and 16, Snell had said HC82 and it's AC62 and
10 AC89. It should read HC62 and HC89.
11 MR. KERRICK: Do you amend your
12 motion?
13 MR. LAMBERTON: Yes.
14 MR. KERRICK: Do you amend your
15 second?
16 MS. SINCAVAGE: Yes.
17 MR. KERRICK: Motion with
18 amendments.
19 Any questions or comments from the
20 public on the motion?
21 Call the vote.
22 Anne?
23 MS. SINCAVAGE: I vote in favor.
24 MR. KERRICK: Jamie?
25 MR. KEENER: I vote in favor.
4
1 MR. KERRICK: Hugh?
2 MR. LAMBERTON: I vote in favor.
3 MR. KERRICK: Heidi?
4 MS. PICKARD: I vote in favor.
5 MR. KERRICK: I vote in favor.
6 Motion carried.
7 Next on our agenda, consider the
8 treasurer's report bill pack dated December 10,
9 2007. Total amount for the board approval
10 $158,470.53.
11 MS. PICKARD: I make a motion we
12 approve the December 10, 2007 bill pack in the
13 amount of $158,470.53. And I want to make one note
14 that the charges for Proctor Lab was for building
15 repairs. They should have been for the Act 537
16 Plan.
17 MR. LAMBERTON: Second the motion.
18 MS. PICKARD: Thank you.
19 MR. KERRICK: Motion and second on
20 the floor.
21 Questions or comments from the
22 board?
23 Questions or comments from the
24 public on the motion?
25 Call the vote.
5
1 Anne?
2 MS. SINCAVAGE: I vote in favor.
3 MR. KERRICK: Jaime?
4 MR. KEENER: I vote in favor.
5 MR. KERRICK: Hugh?
6 MR. LAMBERTON: I vote in favor.
7 MR. KERRICK: Heidi?
8 MS. PICKARD: I vote in favor.
9 MR. KERRICK: Motion carried.
10 Next on our agenda, solicitor's
11 report.
12 MR. KAPELSOHN: Nothing at this
13 time.
14 MR. KERRICK: New business, Windy
15 Corners Professional Services Agreement. We have a
16 motion to accept?
17 MS. SINCAVAGE: So moved.
18 MR. KEENER: Second.
19 MS. PICKARD: Second.
20 MR. KERRICK: Motion and second on
21 the floor.
22 Questions or comments from the
23 board?
24 Questions from the public on the
25 motion?
6
1 Call the vote.
2 Anne?
3 MS. SINCAVAGE: I vote in favor.
4 MR. KERRICK: Jaime?
5 MR. KEENER: 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 vote in favor.
11 Motion carried.
12 Next on the agenda, Kevin Callahan
13 Professional Services Agreement.
14 MS. PICKARD: Motion to approve.
15 MR. KERRICK: Do we have a second?
16 MR. LAMBERTON: Second.
17 MS. SINCAVAGE: Second.
18 MR. KERRICK: Motion and second on
19 the floor.
20 Any questions or comments from the
21 board?
22 Questions or comments from the
23 public on the motion?
24 Call the vote.
25 Anne?
7
1 MS. SINCAVAGE: I vote in favor.
2 MR. KERRICK: Jamie?
3 MR. KEENER: I abstain.
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, Omnipoint
11 Communications, letter of withdraw. Motion to
12 accept.
13 MS. PICKARD: So moved.
14 MR. KEENER: Second.
15 MR. KERRICK: Motion and second.
16 Questions or comments from the
17 board?
18 Questions or comments from the
19 public on the motion?
20 Call the vote.
21 Anne?
22 MS. SINCAVAGE: I vote in favor.
23 MR. KERRICK: Jamie?
24 MR. KEENER: I vote in favor.
25 MR. KERRICK: Hugh?
8
1 MR. LAMBERTON: I vote in favor.
2 MR. KERRICK: Heidi?
3 MS. PICKARD: I vote in favor.
4 MR. KERRICK: I vote in favor.
5 Motion carried.
6 Next on our agenda, Resolution No.
7 2007-020, appropriations.
8 MS. PICKARD: Motion to approve
9 Resolution No. 2007-020.
10 MR. KEENER: Second.
11 MR. KERRICK: Motion and second.
12 I'm sorry, did you say something else?
13 MS. PICKARD: Yeah. I just wanted
14 to state that this was to reflect the grant moneys
15 that we had received, that had been rolling forward
16 for the master site plan for the Blakeslee Park.
17 MR. KERRICK: Questions or comments
18 from the public on the motion?
19 Call the vote.
20 Anne?
21 MS. SINCAVAGE: I vote in favor.
22 MR. KERRICK: Jamie?
23 MR. KEENER: I vote in favor.
24 MR. KERRICK: Hugh?
25 MR. LAMBERTON: I vote in favor.
9
1 MR. KERRICK: Heidi?
2 MS. PICKARD: I vote in favor.
3 MR. KERRICK: I vote in favor.
4 Motion carried.
5 Next on our agenda, equipment bids
6 for 2008.
7 For the record, do you want to make
8 a statement?
9 MR. KAPELSOHN: My understanding is
10 that the bids were opened today; is that correct?
11 MS. PICKARD: 12:15.
12 MR. KERRICK: 12:15.
13 MR. KAPELSOHN: At 12:15 today. And
14 as I understand it, the township has realized that
15 the form of the bid was not as it would have
16 preferred. In addition to which there are
17 instances in which two bidders bid the exact same
18 amount for each of several items of emergency
19 equipment.
20 And under the circumstances, I have
21 advised the township that the cleanest and best
22 thing to do to deal with it is to reject all bids
23 and to rebid this in the form that the township
24 would prefer at a later time.
25 MR. KERRICK: For the record, we had
10
1 received two bids. One was Locust Ridge
2 Contractors and the second was Papillon & Moyer.
3 What's the board's pleasure?
4 MR. KEENER: I make a motion we
5 reject the bids as opened.
6 MR. KERRICK: Motion on the floor.
7 Second?
8 MS. PICKARD: I'll second the
9 motion.
10 MR. KERRICK: Questions or comments.
11 Questions or comments from the
12 public on the motion?
13 Call the vote.
14 Anne?
15 MS. SINCAVAGE: I vote in favor.
16 MR. KERRICK: Jamie?
17 MR. KEENER: I vote in favor.
18 MR. KERRICK: Hugh?
19 MR. LAMBERTON: I vote in favor.
20 MR. KERRICK: Heidi?
21 MS. PICKARD: I vote in favor.
22 MR. KERRICK: I vote in favor.
23 Motion carried.
24 Next on our agenda, Aqua
25 Pennsylvania, sewer billing agreement.
11
1 MS. PICKARD: I make a motion we
2 approve the Aqua sewer bill agreement in the amount
3 of a dollar eighty-eight per bill for our regular
4 billing and a dollar fifty-five for a reminder
5 letter and the terms are for one year.
6 MS. SINCAVAGE: 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 Call the vote.
14 Anne?
15 MS. SINCAVAGE: I vote in favor.
16 MR. KERRICK: Jamie?
17 MR. KEENER: I vote in favor.
18 MR. KERRICK: Hugh?
19 MR. LAMBERTON: I vote in favor.
20 MR. KERRICK: Heidi?
21 MS. PICKARD: I vote in favor.
22 MR. KERRICK: And I'll vote in
23 favor. Motion carried.
24 Next on our agenda, Panther Drive
25 Traffic Signal Easement. Motion to table. We did
12
1 not receive the information from the school
2 district.
3 MS. PICKARD: So moved.
4 MR. KERRICK: Unless someone's here
5 from the school district. No.
6 MS. PICKARD: So moved.
7 MS. SINCAVAGE: Second.
8 MR. KERRICK: Motion and second.
9 Any questions or comments from the
10 public?
11 Call the vote.
12 Anne?
13 MS. SINCAVAGE: I vote in favor.
14 MR. KERRICK: Jamie?
15 MR. KEENER: I vote in favor.
16 MR. KERRICK: Hugh?
17 MR. LAMBERTON: I vote in favor.
18 MR. KERRICK: Heidi?
19 MS. PICKARD: I vote in favor.
20 MR. KERRICK: I vote in favor.
21 Motion carried.
22 Next on our agenda, Creek View
23 Estates zoning map change hearing application. I
24 need a motion to send this off.
25 MS. PICKARD: I make a motion we
13
1 forward the Creek View Estates zoning map change to
2 the planning -- Tobyhanna Township Planning
3 Commission, as well as the Monroe County Planning
4 Commission.
5 MR. KERRICK: We have a motion.
6 Do we have a second?
7 MR. LAMBERTON: Second the motion.
8 Questions or comments from the
9 board?
10 Questions from the public on the
11 motion?
12 Call the vote.
13 Anne?
14 MS. SINCAVAGE: I vote in favor.
15 MR. KERRICK: Jamie?
16 MR. KEENER: 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 Next on our agenda, Pinecrest Phase
24 7 time waiver. Do we have a motion to approve?
25 MR. KEENER: I make a motion we
14
1 approve the time waiver to extend the time until
2 the 28th of February 2008 for Pinecrest Development
3 Corporation Phase 7.
4 MS. SINCAVAGE: I'll second the
5 motion.
6 MR. KERRICK: Motion and second.
7 Any questions or comments from the
8 public on the motion?
9 Call the vote.
10 Anne?
11 MS. SINCAVAGE: I vote in favor.
12 MR. KERRICK: Jamie?
13 MR. KEENER: I vote in favor.
14 MR. KERRICK: Hugh?
15 MR. LAMBERTON: I vote in favor.
16 MR. KERRICK: Heidi?
17 MS. PICKARD: I vote in favor.
18 MR. KERRICK: I vote in favor.
19 Motion carried.
20 Next on our agenda, Michael's Carpet
21 land development plan revision.
22 Anyone here represent Michael's
23 Carpet? I believe we still had some outstanding
24 issues. So we'll need a motion to table, if the
25 board desires.
15
1 MR. KEENER: So moved.
2 MS. SINCAVAGE: Second.
3 MR. KERRICK: Motion and second on
4 the floor. We're good until the end of June.
5 Any questions or comments on the
6 motion on Michael's Carpets from the public?
7 Call the vote.
8 Anne?
9 MS. SINCAVAGE: I vote in favor.
10 MR. KERRICK: Jamie?
11 MR. KEENER: I vote in favor.
12 MR. KERRICK: Hugh?
13 MR. LAMBERTON: I vote in favor.
14 MR. KERRICK: Heidi?
15 MS. PICKARD: I vote in favor.
16 MR. KERRICK: And I vote in favor.
17 Motion carried.
18 V&M Realty land development plan.
19 Anyone here represent V&M?
20 MS. ALEXIS R. WILKINSON: Hi.
21 MR. KERRICK: How are you?
22 MS. ALEXIS R. WILKINSON: I'm good.
23 How are you? Alexis Wilkinson, Riley & Associates.
24 Last month we received
25 recommendation from the planning commission and
16
1 from your engineer, so we are looking for an
2 approval at this point because I believe we've
3 satisfied all outstanding issues. Just to give the
4 board a little background, this was originally
5 approved by the planning commission last year and
6 the developer wished to incorporate some minor
7 amended changes so we went back in front of the
8 board for their review and approval.
9 MS. PICKARD: Can you briefly
10 describe the changes?
11 MS. ALEXIS R. WILKINSON: Yes, I
12 sure would. The footprint of the building remains
13 the same. The nature of the changes that happened
14 was in the interior of the building. The client
15 wishes to add in a mezzanine, office space and the
16 equipment room in the basement area. That impacted
17 our parking ratios. And we also modified this --
18 we pinched back the building to allow a wider fire
19 access per your engineer's request.
20 What we did was we were careful,
21 because we already had our DEP approval, that we
22 did not modify any of the perimeter storm water
23 management features. So essentially all that
24 changed was the addition of the parking lot and
25 some interior fittings for the building.
17
1 MR. KEENER: What's the proposed
2 use?
3 MS. ALEXIS R. WILKINSON: It's a
4 truck repair facility.
5 MR. KEENER: This is an existing
6 building?
7 MS. ALEXIS R. WILKINSON: No, it's
8 proposed. It's an empty lot right now. It's in
9 the -- it's in the New Ventures Industrial Park.
10 MS. PICKARD: I make a motion we
11 approve the amended land development plan for V&M
12 Realty, a/k/a Nish Nick, Inc., New Ventures Park,
13 Lot 9, Project No. 2007-025; and referencing Mr.
14 McHale's review letter dated November 2, 2007.
15 Do I make a separate motion for the
16 storm water?
17 MR. KERRICK: We can do the storm
18 water together, correct?
19 MR. KAPELSOHN: I think you can.
20 MS. PICKARD: And I'll just make a
21 motion to include the amended storm water
22 maintenance agreement which would reference the
23 amended land development plan to be included and
24 attached to the original storm water maintenance
25 agreement.
18
1 MR. KERRICK: We have a motion.
2 Do we have a second?
3 MR. LAMBERTON: Second the motion.
4 MR. KERRICK: Questions or comments
5 from the board?
6 Questions or comments on the motion
7 from the public?
8 Call the vote.
9 Anne?
10 MS. SINCAVAGE: I abstain.
11 MR. KERRICK: Jamie?
12 MR. KEENER: 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: And I'll vote in
18 favor. Motion carried. Thank you very much.
19 MS. ALEXIS R. WILKINSON: Thank you
20 very much.
21 MR. KERRICK: Next on our agenda,
22 E&T Real Estate minor subdivision/lot line
23 combination.
24 MR. JOHN R. HENNEMUTH: Good
25 evening. My name is John Hennemuth. You might
19
1 remember me from last Monday. Mr. McHale wanted an
2 additional change on that drawing which we have
3 sent some copies along. I don't know if you've
4 seen them. It is simply a matter of some shading
5 in its clear site triangle. I brought along
6 additional copies. The ones you've seen, Mr.
7 McHale wouldn't be able to see under that; and the
8 ones I brought tonight you can.
9 MR. KERRICK: Could you put one up
10 for the public, please?
11 MR. JOHN R. HENNEMUTH: Sure. In
12 essence, this is -- we have a recommendation of
13 approval from your planning commission, as you see
14 a significant portion of this property lies within
15 Coolbaugh Township, and the board of supervisors
16 have already approved the drawing.
17 I asked them not to sign the
18 drawings I had previously provided them until your
19 board had approved those changes. I have new
20 drawings for signature, so we'll record just the
21 one so everybody has the same drawing in front of
22 them. But, again, the only request was to change
23 that shading so you can see what's underneath it,
24 and I guess we're asking for approval this evening.
25 MS. PICKARD: I make a motion to
20
1 approve the E&T Real Estate, LLC, Brick City, minor
2 subdivision/lot line combination plan noted as
3 Project No. 2007-021 with waivers to -- the plan
4 being approved by Coolbaugh Township, which I guess
5 you have stated, and also the following waivers:
6 SALDO Section 135-12.D(5)(b)&(f); SALDO Section
7 135-15.A(25); SALDO Section 135-17.L&M; and SALDO
8 Section 135-18.B(15).
9 And also subject to the conditions
10 stated in Mr. McHale's Review No. 2 dated
11 October 31, 2007.
12 MR. KERRICK: We have a motion. Do
13 we have a second?
14 MR. LAMBERTON: Second the motion.
15 MR. KERRICK: Questions or comments
16 from the board?
17 MR. KEENER: I think when you read
18 that you said 201 versus 021.
19 MS. PICKARD: Okay. I did? Thank
20 you.
21 MR. KERRICK: Thank you.
22 Any questions or comments from the
23 public on the motion?
24 Call the vote.
25 Anne?
21
1 MS. SINCAVAGE: I vote in favor.
2 MR. KERRICK: Jamie?
3 MR. KEENER: 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 MR. JOHN R. HENNEMUTH: Thank you
11 very much.
12 I'm not familiar with your
13 procedures. Might I leave these for signatures?
14 MR. KERRICK: Yes. Someone will
15 call you.
16 MR. JOHN R. HENNEMUTH: Thank you
17 very much. Those are to keep and sign. These I
18 need back eventually.
19 (Discussion off the record.)
20 MR. KERRICK: Okay. Next on our
21 agenda, Shikhman Lot Consolidation/Land Development
22 and Storm Water Management Agreement. Anyone here?
23 Once? Twice?
24 Do you want to skip it and go onto
25 the next one, come back to it?
22
1 MS. PICKARD: Might as well.
2 MR. KERRICK: We'll do that last.
3 Next on our agenda, Pocono Mountains
4 Economic Development Corp.
5 MR. CHARLES A. LEONARD: Good
6 evening.
7 MR. KERRICK: Good evening.
8 MR. CHARLES A. LEONARD: I'm Chuck
9 Leonard. I'm the executive director of the Pocono
10 Mountains Economic Development Corporation. I'm
11 here this evening to talk about the local economic
12 revitalization tax abatement program.
13 We are proposing to conduct a public
14 hearing that will consider taking two parcels
15 within the New Ventures Park and creating a LERTA
16 zone. The reason we believe we need the LERTA zone
17 in New Ventures Park is, we are still competing
18 with -- and I say we, we as a community, we as New
19 Ventures Park -- with keystone opportunities.
20 You may we recall we were here some
21 years ago trying to create a keystone opportunities
22 zone there. We've lost a lot of projects to
23 surrounding communities that have keystone
24 opportunity zones. While the LERTA program gives
25 us a benefit that isn't quite commensurate with
23
1 that of the keystone opportunity zone that is a
2 benefit, it sends a message that we're here to grow
3 industry. And I think that if, in fact, we had had
4 an opportunity zone or a LERTA zone five or six
5 years ago this property definitely would have been
6 developed.
7 So our only reason for being here --
8 I think you have a summary sheet in your packets.
9 I don't want to go through everything in there
10 unless you want to ask questions specifically
11 because all we're here for tonight is to ask you to
12 agree to participate in a public hearing along with
13 the Pocono Mountain School District, the county
14 commissioners and Coolbaugh Township. We also have
15 three properties in Coolbaugh Township that we are
16 asking that they consider putting into a LERTA
17 zone.
18 This public hearing will take place
19 sometime 60, 90, 180 days. Whether that's 120 days
20 away we can't tell you for certain because it will
21 be worked out so that it's convenient for
22 everybody; and all the groups that we have to bring
23 in, it will be a significant challenge, I believe
24 to do that.
25 We still have to go in front of the
24
1 commissioners and request their participation in
2 Coolbaugh Township. We were at the Pocono Mountain
3 School District last week and they approved
4 participating seven to one. And so what we're
5 asking tonight is to agree to participate in the
6 public hearing to consider placing these properties
7 in a newly created LERTA zone.
8 MR. KERRICK: Do we have a motion?
9 MR. KEENER: I make a motion that we
10 participate in the public hearing regarding the
11 LERTA zone.
12 MR. KERRICK: We have a motion on
13 the floored. Do we have a second?
14 MS. PICKARD: I second the motion.
15 MR. KERRICK: Questions or comments
16 from the board?
17 Questions or comments from the
18 public on the motion?
19 Call the vote.
20 Anne?
21 MS. SINCAVAGE: I abstain.
22 MR. KERRICK: Jamie?
23 MR. KEENER: I vote in favor.
24 MR. KERRICK: Hugh?
25 MR. LAMBERTON: I vote in favor.
25
1 MR. KERRICK: Heidi?
2 MS. PICKARD: I vote in favor.
3 MR. KERRICK: I vote in favor.
4 Motion carried.
5 MR. CHARLES A. LEONARD: Thank you
6 very much.
7 MR. KERRICK: Thank you for your
8 time.
9 Next on our agenda, Dr. Vrabec.
10 DR. JOYCE VRABEC: Good evening.
11 MR. KERRICK: The floor is yours.
12 DR. JOYCE VRABEC: Well, thank you.
13 As you know, I'm building my medical office down in
14 Blakeslee. I've been practicing there for almost
15 five years now and I think I'm going to be around a
16 lot longer, so that's why I went ahead and took the
17 dive.
18 And according to my builders, I'm
19 going to be done towards the end of January. And I
20 mean completely done, everything in place to the
21 point that Guardian will approve, all the
22 landscaping in place, grass and seeding. The thing
23 is, you can't grow grass in the middle of the
24 winter.
25 And basically what I wanted to talk
26
1 about is the possibility of getting the occupancy
2 permit despite the fact that the grass won't
3 actually be growing but certainly prepared to grow
4 when the weather gets nice. And that's pretty much
5 the gist of it. So --
6 MR. KAPELSOHN: Hello, Dr. Vrabec.
7 DR. JOYCE VRABEC: Hi.
8 MR. KAPELSOHN: I'm Emanuel
9 Kapelsohn, we spoke on the phone.
10 DR. JOYCE VRABEC: Oh, okay. Nice
11 to finally meet you.
12 MR. KAPELSOHN: I'm your township
13 solicitor. I've talked both to Bob McHale, the
14 township engineer, and to Phyllis Haase, the
15 township zoning officer, on this and unfortunately,
16 as I understand it, it isn't just getting the grass
17 to grow that would stand in the way of you getting
18 an occupancy permit.
19 In fact, I think the township's
20 already advised you and I told you when we spoke on
21 Friday, I believe it was, by phone that the
22 township would be willing to issue you a
23 certificate of occupancy even though the grass had
24 not yet grown with the provision that, you know, in
25 the spring we'd have to check and make sure that
27
1 the grass was growing and the land was stabilizing
2 and so forth. So that's not the only problem
3 because that problem we've agreed we can work
4 around with your cooperation.
5 As I understand it, there are two
6 things needed from PennDOT: One is their signing
7 off on your highway occupancy permit and the other
8 is the utilities permit. On the occupancy permit
9 PennDOT does not, as I understand it, sign off on
10 them during the middle of the wintertime because
11 they want to see it without snow on the land and
12 they want to see the situation completed and
13 visible in good weather.
14 On that also the township, on your
15 behalf, has contacted PennDOT and said even though
16 you won't sign off on it during the wintertime, if
17 you can give us a general thumbs up that it appears
18 that it will be completed to your satisfaction, the
19 township would be willing to issue you a
20 certificate of occupancy.
21 The other part of the PennDOT
22 situation is more problematic; that is, the
23 utilities permit. As I understand the situation,
24 you did not obtain -- or your contractor did not
25 obtain the PennDOT required utilities permit for
28
1 the utilities work that was done under the roadway.
2 Although that work is already
3 completed, PennDOT nevertheless requires that the
4 utilities permit be issued and it requires that the
5 township apply for it. PennDOT does not accept
6 applications for utilities permits from private
7 owners; they require them to be submitted by the
8 municipalities themselves.
9 You, as I understand it, have put on
10 a requirement that our township engineer spend no
11 more time billed to your project.
12 DR. JOYCE VRABEC: That's not the
13 latest.
14 MR. KAPELSOHN: I know it changes
15 frequently because I know you've sent two e-mails
16 and three voicemails to Phyllis Haase within the
17 last three days or so.
18 DR. JOYCE VRABEC: Correct.
19 MR. KAPELSOHN: What is the current
20 situation?
21 DR. JOYCE VRABEC: Yeah, I told Bob
22 McHale to go ahead with that. So that's not a big
23 deal.
24 MR. KAPELSOHN: Oh, okay. So we
25 have it on the record that he can spend time and do
29
1 that because that must be done in order for you to
2 get PennDOT's approval which is necessary in order
3 for us to grant the certificate of occupancy.
4 DR. JOYCE VRABEC: I never -- for
5 the record, I never told him to not do that. What
6 I said was don't push forward on doing any of the
7 work on the land --
8 MR. KAPELSOHN: No, you did. I read
9 e-mails from you and I listened to voicemails from
10 you and I looked at --
11 DR. JOYCE VRABEC: Well, then that
12 was a misunderstanding on their part.
13 MR. KAPELSOHN: No. It was quite
14 clear that you wanted the township engineer to
15 spend no more time to be billed to you. And I read
16 it and I listened to it.
17 DR. JOYCE VRABEC: That was not the
18 intent of what I said.
19 MR. KAPELSOHN: Okay. So it is
20 acceptable to you that he complete your utilities
21 permit application so that PennDOT can approve --
22 DR. JOYCE VRABEC: Yes, of course.
23 It was never intended otherwise.
24 MR. KAPELSOHN: All right. Thank
25 you. And the other issue is the issue of the
30
1 landscaping. And you've indicated that you are
2 going to complete it even though it's the middle of
3 the wintertime.
4 DR. JOYCE VRABEC: It's gonna be
5 done. They are actually working on it this week.
6 The trees -- I already have, I already bought all
7 these trees, so they're on the property, actually
8 in the back of the property.
9 MR. KAPELSOHN: Right. And are
10 these two and a half to three inch caliber and so
11 forth as required?
12 DR. JOYCE VRABEC: They are exactly
13 as what is required in the land development plan.
14 Exactly. So they're all there. And like I say,
15 they're (inaudible), so all they need is to be
16 transplanted over. So that's actually not a
17 problem.
18 MR. KAPELSOHN: And I notice also in
19 your communications that you pointed to a section
20 in the state code where it says that a township may
21 issue a temporary C of O.
22 DR. JOYCE VRABEC: Well, that was
23 just a question that I had.
24 MR. KAPELSOHN: Well, we don't do
25 that. In other words, that's something that's
31
1 permissible for a municipality to do. This
2 municipality does not do that because it has had
3 repeatedly bad experiences with that in the past.
4 We are willing --
5 DR. JOYCE VRABEC: But you have to
6 have that written somewhere in your code that --
7 MR. KAPELSOHN: Now, we don't have
8 to have it in our code that we don't do it. It is
9 something that we don't do and we're not required
10 to do by state law. We are permitted to do it if
11 we wish, and this township has always taken the
12 option of not granting temporary C of Os.
13 And we are, however, willing, as
14 I've said to you, to grant you a C of O certainly
15 if your landscaping work is done. Even though the
16 grass hasn't yet grown, my understanding is that
17 the zoning officer will grant you the C of O in
18 regard to that.
19 With regard to the highway occupancy
20 permit, as I've indicated, they're willing to grant
21 it if PennDOT gives the thumbs up, which we believe
22 they are likely to.
23 DR. JOYCE VRABEC: They're supposed
24 to send an e-mail, from what I understand.
25 MR. KAPELSOHN: Correct.
32
1 DR. JOYCE VRABEC: And that's all
2 done. Everything's in place, even the lines are
3 painted.
4 MR. KAPELSOHN: Right.
5 DR. JOYCE VRABEC: So that's all
6 completed. Every layer --
7 MR. KAPELSOHN: Except they won't
8 sign off on it until they can look at it in good
9 weather so we have no control over them in that
10 regard.
11 DR. JOYCE VRABEC: Well, it's not
12 even about the good weather. The problem is when
13 you pave after, I think it's October 1, no matter
14 what, even if you have beautiful weather in the
15 winter, they won't actually sign off on it until
16 July 1.
17 MR. KAPELSOHN: Right.
18 DR. JOYCE VRABEC: So that's their
19 policy nevertheless.
20 MR. KAPELSOHN: That's correct.
21 DR. JOYCE VRABEC: So they were
22 actually -- they were actually very reasonable
23 about it and they said that they communicated with
24 Phyllis.
25 MR. KAPELSOHN: Right. And so then
33
1 the one remaining thing is the utilities permit, as
2 I understand it. And if you're willing to have the
3 township complete that application and get it in,
4 it sounds like there should be no problem.
5 DR. JOYCE VRABEC: Right. Oh, yeah.
6 That's not a problem at all.
7 MR. KAPELSOHN: I've looked at Mr.
8 McHale's itemization of his bills that you
9 commented on. It looks pretty specifically
10 itemized to me. And with regard to your questions
11 to me, the smallest unit that he bills in is a
12 quarter of an hour; but if he has a short phone
13 call that's a few minutes long or something like
14 that, he doesn't bill for it at all.
15 If he has a number of calls or other
16 short time commitments within a period of just a
17 day or two, he accumulates them into a quarter of
18 an hour. So in other words, you're not being
19 billed a quarter of an hour when he just has a
20 phone call of a few minutes; it's being accumulated
21 until it reaches a quarter of an hour and then it's
22 billed for.
23 DR. JOYCE VRABEC: Okay.
24 MR. KAPELSOHN: But he will take
25 special care to itemize very specifically for you.
34
1 DR. JOYCE VRABEC: So basically what
2 I was hoping for was if everything is done -- now,
3 this is obviously -- I mean, things can happen with
4 the contractor, things can get behind. I might not
5 even have to worry about asking for the C of O
6 until spring.
7 But if everything keeps going as
8 well as it has been -- I mean, they're almost done
9 with the inside and they just have to get the
10 entire left side. All the landscaping and grassing
11 and seeding that's done is on the right side. So
12 we're talking about literally the equivalent of
13 8,000 square feet of putting some grass and hay on
14 top of it.
15 And it will -- like I say, I
16 wouldn't even apply for it if it was all there.
17 I'm not asking for exception for anything other
18 than what's on the L.D.P., just that -- I mean, can
19 I get in there and start taking care of business
20 when all that is done without some grass being
21 present?
22 MR. KAPELSOHN: Well, get it done
23 and let our people take a look at it and let them
24 get the PennDOT application for the utilities
25 permit in, and it sounds to me like you're on the
35
1 right road here.
2 DR. JOYCE VRABEC: So hopefully that
3 will all go through. PennDOT actually already
4 approved all of the -- they knew what was gonna be.
5 There was an addendum on the H.O.P. permit and
6 unfortunately there was a misunderstanding on the
7 part of my engineer that it had to come from the
8 township and that's basically what that turned out
9 to be, just -- they had -- they didn't realize.
10 They didn't realize. And they have been
11 appropriately chastised because of it, don't worry.
12 So that's what I'm asking. Okay?
13 MR. KERRICK: Certainly. Thank you
14 for your time.
15 DR. JOYCE VRABEC: Thank you.
16 MR. KERRICK: We'll flip back to
17 Shikhman Lot Consolidation/Land Development and
18 Storm Water Management Agreement.
19 DR. JOYCE VRABEC: Again, I
20 apologize, so where am I --
21 MR. KERRICK: Only one, we won't do
22 it twice.
23 DR. JOYCE VRABEC: But so does that
24 mean all of these things are taken care of and then
25 I apply for the CO and Guardian approves and it
36
1 gets to the township and everything is as I'm
2 promising that it's going to be, that I should be
3 able to get in there? Nothing else I have to do
4 about it?
5 MR. KAPELSOHN: It sounds like it to
6 me, but I can't speak for our zoning officer and
7 our engineer. Now, when you say the landscaping is
8 done, someone comes out and looks and sees whether
9 it's done. They've agreed to waive the growing of
10 the grass until springtime and they may --
11 DR. JOYCE VRABEC: But we had talked
12 about a financial bonding.
13 MR. KAPELSOHN: They may require a
14 small financial security to basically guarantee
15 that if the grass doesn't grow and if the township
16 has to resolve that situation, someone will need to
17 cover it. Grass is not very expensive. Obviously
18 they've got to see that your tree planting is in
19 accordance with the land development plan and so
20 forth. If it is, that should be no problem.
21 DR. JOYCE VRABEC: Well, if, I mean,
22 they do ask for some sort of financial thing is
23 required, is that something that has to come before
24 the board here for approval or is that something
25 that I just work out with the zoning officer?
37
1 MR. KAPELSOHN: I think it's
2 typically handled administratively with the zoning
3 officer and/or engineer.
4 DR. JOYCE VRABEC: Okay, thank you.
5 MR. KAPELSOHN: Thank you.
6 MR. KERRICK: Thank you.
7 What's the board's pleasure with
8 Shikhman? There's no one here representing the
9 applicant.
10 MS. PICKARD: I think everything's
11 completed. I make a motion we approve Isaak &
12 Sofya Shikhman Lot Consolidation Development,
13 Project No. 2006-004 subject to the engineer's
14 review letter dated 9/24/07. And I think we had
15 the stipulations of Guardian Inspection Services on
16 the plan. And if we want to include the storm
17 water agreement signed here which is dated October
18 11, 2000.
19 MR. KEENER: Outstanding balances?
20 MS. SINCAVAGE: $1,051.88 is
21 outstanding.
22 MS. PICKARD: It's my understanding
23 that everything was handled, but I know that was on
24 storm water; so I'm including in my motion
25 conditional upon any balances being paid.
38
1 MR. KERRICK: Motion on the floor.
2 Do we have a second?
3 MS. SINCAVAGE: I'll second the
4 motion.
5 MR. KERRICK: Questions or comments
6 from the board on the motion?
7 Questions or comments from the
8 public on the motion?
9 Call the vote.
10 Anne?
11 MS. SINCAVAGE: I vote in favor.
12 MR. KERRICK: Jamie?
13 MR. KEENER: I vote in favor.
14 MR. KERRICK: Hugh?
15 MR. LAMBERTON: I vote in favor.
16 MR. KERRICK: Heidi?
17 MS. PICKARD: I vote in favor.
18 MR. KERRICK: I'll vote in favor.
19 Motion carried.
20 Does the board have anything they'd
21 like to address? If not, I'll turn it over to the
22 public.
23 Anyone from the public wish to
24 speak? Wow.
25 Is there a motion for adjournment?
39
1 MR. KEENER: So moved.
2 MR. KERRICK: We're adjourned.
3 Thank you very much for coming.
4 (Meeting concluded at 7:40 p.m.)
5 ---
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
40
1
2
3
4
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
17
18
19
20
21
22
23
24
25