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 8, 2010, beginning at 7:02 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
JAMIE B. KEENER, Board Member
DONALD J. MOYER, Board Member
ANNE LAMBERTON, Board Member
PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
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___________________________________________________
PANKO REPORTING
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
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1 MR. KERRICK: Call the meeting to
2 order, Board of Supervisors of Tobyhanna Township.
3 Call the meeting to order with a Pledge of
4 Allegiance.
5 (Pledge of Allegiance was recited.)
6 MR. KERRICK: First item of
7 business, announcements.
8 MS. PICKARD: I don't have anything
9 at this time.
10 MR. KERRICK: Next item, consider
11 the minutes, December 21, 2009, special meeting;
12 January 4, 2010 --
13 MR. CARL SELIG: Do you have the
14 speakers on?
15 MR. KERRICK: Yes. --
16 reorganizational meeting; January 4, 2010, regular
17 business meeting; February 1, 2010, Arrowhead Lake
18 Community Center conditional use hearing.
19 What's the board's pleasure?
20 MS. PICKARD: I have a correction to
21 the January 4 regular business meeting on page 8,
22 line 2. The amount should be $217,497.04.
23 And with that, I'll make a motion to
24 approve the December 21, 2009 special meeting; the
25 January 4 reorganization meeting; the January 4
3
1 regular business meeting; the February 1, 2010
2 Arrowhead Lake Community Center conditional use
3 hearing.
4 MR. KERRICK: Motion. Do we have a
5 second?
6 MR. MOYER: Second.
7 MR. KERRICK: Questions or comments
8 from the board?
9 Questions or comments from the
10 public on the motion?
11 Call the vote.
12 Jamie?
13 MR. KEENER: I vote in favor.
14 MR. KERRICK: Anne?
15 MS. LAMBERTON: I vote in favor.
16 MR. KERRICK: Donny?
17 MR. MOYER: 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 item, treasurer's report. Bill
23 pack, February -- you want to go ahead?
24 MS. PICKARD: No, go ahead.
25 MR. KERRICK: -- 2010. Total amount
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1 for board approval, $603,836.68.
2 MS. PICKARD: I'd like to make a
3 motion to approve the February 8, 2010 bill pack in
4 the amount of $604,430.40. I had a correction to
5 the check for Coolbaugh Township which would adjust
6 that down $491.58. And we added another invoice we
7 were missing for community planning for $1,085.30.
8 So the total amount is $604,430.40.
9 MR. KERRICK: Thirty cents?
10 MS. PICKARD: Forty cents.
11 MR. KEENER: Second.
12 MR. KERRICK: Motion and second.
13 Questions or comments from the
14 board?
15 Questions or comments from the
16 public on the motion?
17 Call the vote.
18 Jamie?
19 MR. KEENER: I vote in favor.
20 MR. KERRICK: Anne?
21 MS. LAMBERTON: I'm going to
22 abstain.
23 MR. KERRICK: Donny?
24 MR. MOYER: I vote in favor.
25 MR. KERRICK: Heidi?
5
1 MS. PICKARD: I vote in favor.
2 MR. KERRICK: I vote in favor.
3 Motion carried.
4 Next item, solicitor's report.
5 MR. ARMSTRONG: The only thing under
6 my report this evening is the consideration of the
7 Arrowhead Lake Community Center conditional use
8 application. As you're aware, the public hearing
9 took place last Monday on February 1, 2010. There
10 was testimony and exhibits provided and submitted
11 into the record. I'll just make a note that the
12 board did meet in executive session, no votes were
13 taken, no deliberations took place.
14 Are there any comments that the
15 board would like to make with respect to the
16 conditional use application that took place last
17 week?
18 It is the ability of this board to
19 provide an oral decision, and the board is required
20 to issue a written decision with respect to the
21 application.
22 Would the board consider
23 entertaining a possible oral decision at this time,
24 as well as possibly a written decision? I
25 forwarded a written decision to the board to
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1 consider in preparation of this evening's meeting.
2 Have you all had a chance to look at
3 that?
4 MR. KEENER: Yes.
5 MS. LAMBERTON: Yes.
6 MR. MOYER: Yes.
7 MS. PICKARD: Yes.
8 MR. KERRICK: Yes.
9 MR. ARMSTRONG: Any questions or
10 changes needed to the written decision?
11 MR. KEENER: No.
12 MS. LAMBERTON: No.
13 MR. MOYER: None.
14 MR. PICKARD: No.
15 MR. KERRICK: I didn't see any.
16 MR. ARMSTRONG: The written decision
17 is comprised of a background of the hearing, as
18 well as identification of exhibits, as well as
19 findings of fact, conclusions of law and in order
20 with the certain conditions that were discussed at
21 the hearing last week. And if approved this
22 evening, it would be dated February 8, 2010.
23 Is there a motion? Does the board
24 want to discuss any conditions?
25 MS. PICKARD: I make a motion that
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1 we approve the oral and the written decision for
2 the Arrowhead Lake Community Association
3 conditional use hearing.
4 MR. MOYER: Second.
5 MR. KERRICK: Motion and second.
6 Questions or comments from the
7 board?
8 Questions or comments from the
9 public?
10 Call the vote.
11 Jamie?
12 MR. KEENER: I abstain.
13 MR. KERRICK: Anne?
14 MS. LAMBERTON: I vote in favor.
15 MR. KERRICK: Donny?
16 MR. MOYER: I vote in favor.
17 MR. KERRICK: Heidi?
18 MS. PICKARD: I vote in favor.
19 MR. KERRICK: And I vote in favor.
20 Motion carries.
21 MR. ARMSTRONG: And that's all for
22 my report this evening.
23 And I do see that the applicants are
24 in the audience tonight. The board is going to
25 sign this written decision tonight. You can either
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1 stick around until they sign it and I can give you
2 a copy tonight or I can send it to -- I think Chad
3 Lello is your representative. I can send it to him
4 and copy you guys on it as well tomorrow.
5 MR. JOHN ADAMSON: That would be
6 fine.
7 MR. KERRICK: New business. First
8 item, Resolution 2010-008, closing out grant
9 project.
10 MS. PICKARD: I make a motion that
11 we approve Resolution 2010-008 for the peer review
12 study. I did want to make mention that on page 4,
13 the executive summary, I think she has an incorrect
14 figure here on the total acreage. I believe it
15 should be 117, the 87 and the 30. She has
16 162 acres written there. But with that, we need to
17 send this out to close out our grant application.
18 MR. KERRICK: Motion. Do we have a
19 second?
20 MR. KEENER: Second.
21 MR. KERRICK: Questions or comments
22 from the board?
23 Questions or comments from the
24 public on the motion?
25 Call the vote.
9
1 Jamie?
2 MR. KEENER: I vote in favor.
3 MR. KERRICK: Anne?
4 MS. LAMBERTON: I vote in favor.
5 MR. KERRICK: Donny?
6 MR. MOYER: I vote in favor?
7 MR. KERRICK: Heidi?
8 MS. PICKARD: I vote in favor.
9 MR. KERRICK: I vote in favor.
10 Motion carries.
11 Next item, Resolution 2010-009,
12 amending the emergency notification list.
13 Do we have a motion?
14 MS. PICKARD: I make a motion we
15 approve Resolution 2010-09, emergency notification
16 list.
17 MR. KERRICK: Do we have a second?
18 MS. LAMBERTON: Second.
19 MR. KERRICK: Questions or comments
20 from the board?
21 Questions or comments from the
22 public?
23 Call the vote.
24 Jamie?
25 MR. KEENER: I vote in favor.
10
1 MR. KERRICK: Anne?
2 MS. LAMBERTON: I vote in favor.
3 MR. KERRICK: Donny?
4 MR. MOYER: I vote in favor.
5 MR. KERRICK: Heidi?
6 MS. PICKARD: I vote in favor.
7 MR. KERRICK: I vote in favor.
8 Motion carries.
9 Next item, Resolution 2010-010,
10 requesting NEPA grants.
11 MR. KEENER: I'm going to ask that
12 we table this matter. I've had some discussion and
13 I got an e-mail from Kurt Bauman from NEPA last
14 week indicating that our original proposal, that
15 they would have to reject based on the value of the
16 grant request that we had made. And we did make a
17 revision to that and submitted it; it's being
18 considered now. But I'd say based on comments
19 we're getting back from Tunk and likely from Mount
20 Pocono, it's probably unlikely that we're gonna be
21 moving forward with this project at this time.
22 DCED doesn't have any money to give
23 and they couldn't give it right now since we have a
24 current grant with DCED for the SALDO and the
25 zoning. They wouldn't be able to give us another
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1 grant until that grant was closed out. So we
2 wouldn't be getting any DCED money.
3 I spoke with Representative Scavello
4 and Representative Carroll and it's pretty unlikely
5 that we would get any legislative assistance grants
6 from them either. Based on that and understanding
7 the current situation of most municipalities'
8 budgets, it's probably prudent to at least wait a
9 month to see what's happening.
10 I did speak with Christine Dettore
11 from the county this morning. Randall Arendt is
12 coming in to do a visioning session on commercial
13 corridors in March, I believe it is. And the
14 feedback I got from Christine is that there was a
15 lot of visioning done with the comprehensive plan
16 process, but I don't think there was enough detail
17 for what we're looking for to do visioning within
18 the village of Blakeslee and some of our other
19 specific areas.
20 We're gonna talk to Carson and see
21 what his thoughts are relative to the ordinance
22 regulations, to see if we can put sufficient amount
23 of information in the ordinance; and then as funds
24 become available maybe follow up with more detail
25 and do some design guidelines for the specifics.
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1 So at this point I would suggest
2 that we table it and wait a month or so and see
3 what's happening, have some discussions and bring
4 it back for consideration.
5 MR. KERRICK: I had a question.
6 Could we partner with private?
7 MR. KEENER: Yeah, that's --
8 MR. KERRICK: Get them in and ask
9 them?
10 MR. KEENER: That's part of -- if
11 you look at the -- is the funding course in here?
12 MS. PICKARD: Yeah, that is. It
13 should be.
14 MR. KEENER: We had talked about
15 putting together a proposal or getting a proposal
16 to do one of the initial sessions for about
17 $10,000. And certainly I could follow up with some
18 of the developers, landowners in the Blakeslee
19 area. We haven't met with one who is very
20 interested in the visioning process, whether they
21 would ante up some funds to be able to help support
22 that proposal.
23 I think there was -- there's a
24 $10,000 proposal, I don't know if you've seen that
25 one, for a Phase 1 piece. Which, again, if we
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1 could --
2 MS. PICKARD: Is that Task 2, the
3 workshop or the design?
4 MR. KEENER: Yeah, it's -- I didn't
5 bring -- I think it's part of Task 2. I didn't
6 bring my visioning folder with me unfortunately.
7 But if it's $10,000 to do some of the background
8 studies and to have an initial visioning session
9 with some of the stakeholders, we were thinking
10 commercial realtors, property owners, some of the
11 groups, you know, Pocono Pines Improvement
12 Association, and some of the other groups that
13 might have input relative to visioning of Blakeslee
14 and the commercial corridors.
15 And we can continue to pursue that
16 if you're interested in it. I can make some calls
17 to -- you know, one developer that we did -- that I
18 met with and who seemed interested -- and his
19 realtor also represents a large parcel on the
20 northwest corner as well of 940 and 115. So, I
21 mean, if you're interested --
22 MR. KERRICK: Do you think we can
23 get everybody or the majority of that corner to
24 come in and have the presentation from Mark or do
25 you think at this time we should wait?
14
1 MR. KEENER: Uhm, let's --
2 MR. KERRICK: Or just make a phone
3 call and see if there's any interest towards the
4 development.
5 MR. KEENER: Let me make a couple of
6 phone calls and see if there's interest relative to
7 helping to fund it from the private side. And I
8 know there's --
9 MR. KERRICK: What's the bottom line
10 that we need to start the ball? Ten?
11 MR. KEENER: Yeah, it's $10,000.
12 And I know there was some concern raised at the
13 work session about losing the opportunity for us
14 putting up any -- any money that we would put up,
15 losing the opportunity for using that as a local
16 match, which I would say we probably would if we
17 don't have a grant that's being applied for at this
18 point. And usually it's relative to the date of
19 approval of the grant. So, you know, if we put up
20 five and developers and property owners put up
21 five, we still might get what we need, what I think
22 we should have relative to specifics for the zoning
23 ordinance.
24 I'm gonna talk to Carson too. Maybe
25 Carson would say hey, you know, we've done enough
15
1 of these. You know, we can a least put some
2 general regulations in and then we can do some more
3 specifics as money becomes available.
4 MS. PICKARD: And being that he's
5 already invested in this process maybe it would
6 be --
7 MR. KEENER: Well, yeah, exactly.
8 And he's gonna be writing the ordinance anyway.
9 MR. KERRICK: This is the one that
10 we're engaged with, with the county?
11 MR. KEENER: Yeah.
12 MS. PICKARD: With the regional
13 comp.
14 MR. KERRICK: Not the one that we
15 had the presentation with?
16 MS. PICKARD: No.
17 MR. KEENER: No. We're engaged with
18 the county to do zoning and the SALDO, which would
19 create the regulations to realize the vision that
20 we wanted to identify. You know, but if people see
21 it graphically and then we could apply the design
22 standards to it, get the zoning regulations
23 consistent with those design standards, then we
24 would realize what we want to see and not what
25 we've seen over the past 30 years.
16
1 MS. PICKARD: Is there a possibility
2 that we have some residents or citizens that might
3 be interested in helping with the background?
4 MR. MOYER: Yeah. There's some from
5 the private sector?
6 MR. KEENER: Well, that's -- in
7 this -- if you look at Tunk, Tunk had no
8 contribution and then it had, what was it, 10,000
9 in private. Yeah. And that's -- again, that's a
10 shot in the dark too.
11 MR. MOYER: Right.
12 MR. KEENER: And we'd have to do
13 some serious campaigning to --
14 MR. MOYER: Yeah, get everybody on
15 board, right.
16 MR. KEENER: Let me work on it the
17 next few weeks here at our work session and report
18 back and see if we can't take some further action
19 then.
20 MR. KERRICK: So at this time --
21 MS. PICKARD: I'll second his motion
22 to table. Do we need a motion?
23 MR. KERRICK: If you're going to
24 table it, it should be by motion. There's no real
25 action, if you just want to let it sit; but you can
17
1 make a motion to table it if you want.
2 MR. MOYER: Well, he made a motion
3 and she seconded so --
4 MR. KERRICK: Motion and second.
5 Questions or comments?
6 Call the vote.
7 Jamie?
8 MR. KEENER: I vote in favor.
9 MR. KERRICK: Anne?
10 MS. LAMBERTON: I vote in favor.
11 MR. KERRICK: Donny?
12 MR. MOYER: I vote in favor.
13 MR. KERRICK: Heidi?
14 MS. PICKARD: I vote in favor.
15 MR. KERRICK: Motion carried.
16 Next item, traffic signals UPS
17 project, battery backup for the traffic signals,
18 final pay out.
19 MS. PICKARD: I'll make a motion we
20 approve the traffic signal UPS project construction
21 final payment request No. 3.
22 MR. KERRICK: Motion. Do we have a
23 second?
24 MS. PICKARD: It was in the bill
25 pack.
18
1 MR. KEENER: Second.
2 MR. KERRICK: Questions or comments
3 from the board on the motion?
4 MR. KEENER: Yeah. Just that $826
5 in change orders is pretty good out of a
6 hundred-five-thousand-dollar contract.
7 MS. PICKARD: I think that was just
8 the miscounting of the --
9 MR. KERRICK: Right, that's all it
10 was.
11 You're familiar, Pocono Summit, all
12 the traffic lights now have battery backup?
13 They're all complete now. So you don't have to go
14 out in a storm and direct traffic.
15 MALE VOICE: Good.
16 MR. KERRICK: Any more questions or
17 comments from the public?
18 Call the vote.
19 Jamie?
20 MR. KEENER: I vote in favor.
21 MR. KERRICK: Anne?
22 MS. LAMBERTON: I vote in favor.
23 MR. KERRICK: Donny?
24 MR. MOYER: I vote in favor.
25 MR. KERRICK: Heidi?
19
1 MS. PICKARD: I vote in favor.
2 MR. KERRICK: I vote in favor.
3 Motion carried.
4 Next item on our agenda, consider
5 Act 537 update and proposal. We have some other
6 stuff, do you want to look at those?
7 MR. KEENER: Yeah. I would think
8 you'd give them the courtesy since you asked for
9 them at the work session. I think you almost have
10 to. Not now --
11 MS. PICKARD: Well, we got two in
12 today actually so -- from Princeton Hydro who did
13 the Arrowhead. And Mike Gable can get those and we
14 can put it on the work session for March 1.
15 MR. MOYER: Yeah, I haven't looked
16 at them either.
17 MR. KERRICK: So it would be on our
18 agenda for the work session?
19 MS. PICKARD: Mm-hmm. We'll have to
20 talk about it. It would have to be in the March 8
21 regular meeting.
22 MR. KERRICK: Next item on our
23 agenda, Gearhart Properties, LLC/Moose Crossing,
24 request to extend phasing. I don't know if -- did
25 you talk to Jamie about this? He was not at our
20
1 work session.
2 MR. KEENER: Yeah.
3 MR. KERRICK: I think the board's
4 pleasure was they were okay with the year, but they
5 thought five years was a little too long, to extend
6 it for five years.
7 MS. PICKARD: They were asking for
8 an extension to June 2010, Phase 3 to be complete
9 by June 2010. So we're looking to make that
10 June 2011?
11 MR. MOYER: We're not doing five
12 years, right?
13 MR. KERRICK: It's up to the board.
14 MR. MOYER: I think a year is good.
15 MS. PICKARD: We did get a notice
16 that the NPDES permit is --
17 MR. KERRICK: Closing.
18 MS. PICKARD: -- closing.
19 MR. KERRICK: What's the board's
20 pleasure?
21 MS. PICKARD: I make a motion that
22 we approve the -- that we extend the phasing plan
23 schedule to June 2011.
24 MS. LAMBERTON: I second.
25 MR. KERRICK: Motion and second.
21
1 Any questions or comments from the
2 board?
3 Questions or comments from the
4 public on the motion?
5 Call the vote.
6 Jamie?
7 MR. KEENER: I abstain.
8 MR. KERRICK: Anne?
9 MS. LAMBERTON: I vote in favor.
10 MR. KERRICK: Donny?
11 MR. MOYER: I vote in favor.
12 MR. KERRICK: Heidi?
13 MS. PICKARD: I vote in favor.
14 MR. KERRICK: I vote in favor.
15 Motion carried.
16 Next item on our agenda, State Route
17 115, Section 371 bridge replacement, temporary
18 closure of Kerrick Road and temporary nighttime
19 closure of Caughbaugh Road.
20 What's the board's pleasure?
21 Nighttime closure for the Caughbaugh Road would be
22 approximately one night and the estimated time for
23 the Kerrick Road would be six months.
24 MR. KEENER: What's the Caughbaugh
25 Road closure for?
22
1 MR. KERRICK: They have to put a
2 wedge of asphalt from the existing Caughbaugh Road
3 to the southbound lane.
4 MR. KEENER: Okay. And Kerrick?
5 MR. KERRICK: The southbound lane is
6 the lane that they're going to remain open first
7 and they'll take the northbound side of the bridge
8 down. So they have to build a wedge from one to
9 the other.
10 MR. KEENER: And why are they
11 closing the Kerrick Road?
12 MR. KERRICK: Because the pattern of
13 the taper will finish up right there near Kerrick
14 Road and they would have to change the whole
15 traffic --
16 MR. KEENER: So it's just closing
17 that intersection off?
18 MR. KERRICK: Just that end. The
19 rest of the road is open. The only thing that they
20 have to work out, which we explained in the letter,
21 was the school district, 'cause there's a few buses
22 that --
23 MR. KEENER: Need to turn around?
24 MR. KERRICK: -- need to turn
25 around. So they go in one end and out the other.
23
1 MS. PICKARD: This is beginning in
2 March?
3 MR. KERRICK: Yes. They had
4 hoped --
5 MS. PICKARD: For?
6 MR. KERRICK: Well, for six months.
7 They had hoped it would be less.
8 MR. KEENER: But they could turn
9 around at Acahela.
10 MR. KERRICK: It's not the easiest
11 there. Maybe -- it's up to the school district to
12 figure out what they want to do.
13 MR. ARMSTRONG: The only thing I
14 would say is, make sure DEP -- your public works
15 department is aware of it so they can mark it
16 appropriately and if there's a detour needed that
17 it's marked.
18 MR. KERRICK: I believe that's
19 the --
20 MR. KEENER: PennDOT would be
21 responsible.
22 MR. KERRICK: Right. The contractor
23 is responsible for all of that. It spells it out
24 in their letter.
25 Do we have a motion?
24
1 MR. KEENER: So moved.
2 MR. KERRICK: Do we have a second?
3 MS. LAMBERTON: Second.
4 MR. KERRICK: Questions or comments
5 from the board 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: Anne?
12 MS. LAMBERTON: I vote in favor.
13 MR. KERRICK: Donny?
14 MR. MOYER: I vote in favor.
15 MR. KERRICK: Heidi?
16 MS. PICKARD: I vote in favor.
17 MR. KERRICK: I vote in favor.
18 Motion carried.
19 Does the board have anything else?
20 Public have anything they wish to
21 address the board?
22 Pat, do you have anything else?
23 MR. ARMSTRONG: I don't think so. I
24 just need you guys to sign this decision.
25 MR. KERRICK: We're adjourned.
25
1 Thank you for attending.
2 (Meeting concluded at 7:25 p.m.)
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7 I hereby certify that the
8 proceedings and evidence are contained fully and
9 accurately, to the best of my ability, in the notes
10 taken by me at the meeting in the above matter; and
11 that the foregoing is a true and correct transcript
12 of the same.
13
14
15 ________________________
16 EVILYS E. BRATHWAITE
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