Before
                   THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
                                       ---
                         In Re:  Regular Business Meeting
                                       ---
                  Tobyhanna Township Government Center Building
                                   State Avenue
                         Pocono Pines, Pennsylvania 18350
                  Monday, April 12, 2010, beginning at 7:06 p.m.
                                       ---



              PRESENT:    JOHN E. KERRICK, Chairperson
                          HEIDI A. PICKARD, Vice-Chairperson
                          JAMIE B. KEENER, Board Member
                          DONALD J. MOYER, Board Member
                          PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
                                       ---

              ____________________________________________________
                                 PANKO REPORTING
                           537 Sarah Street, 2nd Floor
                         Stroudsburg, Pennsylvania 18360
                                  (570) 421-3620

                                                                2
        1                    MR. KERRICK:  I'd like to welcome
        2    everyone here this evening for our regular business
        3    meeting.  Could we have a Pledge of Allegiance to
        4    open the meeting, please?
        5                    (Pledge of Allegiance was recited.)
        6                    MR. KERRICK:  First item on our
        7    agenda, announcements.
        8                    MS. PICKARD:  First, I'd like to
        9    announce spring cleanup scheduled beginning Monday,
       10    April 19, through Saturday, April 24, and that's at
       11    our transfer station at Sullivan Trail, Monday
       12    through Friday, eight to four; Saturday, eight to
       13    three.  Same prices as last year.
       14                    I want to announce that our meeting
       15    next month is at T.E.C.  That's going to be during
       16    the day.  I believe it's at 10:00 -- 10:30 or
       17    10:00.  I can check that before we go.  So that
       18    will be in the -- I think in the multipurpose room
       19    at T.E.C.  For government week we usually try to
       20    have the kids here during April, but they have
       21    their testing this year for the month of April
       22    during those dates.  So we're going to go over in
       23    May and take it on the road.
       24                    I just have a note here about the
       25    redesignation of the Upper Lehigh River to EV. It

                                                                3
        1    was the planning commission's recommendation that
        2    we forward another letter to send to them.  We have
        3    to get comments in by April 16.  We did send one
        4    letter in, which was not acknowledged, so we're
        5    preparing another letter, Bob McHale and myself.
        6                    MR. KERRICK:  And that will be
        7    mailed before so it will be received on time?
        8                    MS. PICKARD:  Yes.  That would be
        9    the general idea, which would be before the end of
       10    the week.
       11                    And I have a note here about the
       12    Arrowhead special study.  We have notes from Bob
       13    McHale here.  We have the notes from the planning
       14    commission.  And I was looking for
       15    concurment (phonetic) to forward that to the
       16    county, if everybody was in agreement.  We have --
       17    subject to Bob McHale's comments and John Brogan's
       18    comments.
       19                    MR. KEENER:  They're satisfied with
       20    it at this point?
       21                    MS. PICKARD:  Yes.  Yeah.  Basically
       22    I think --
       23                    MR. KERRICK:  There was a few
       24    comments, but they wanted to get it onto the county
       25    so they can make comments and --

                                                                4
        1                    MS. PICKARD:  Here for a hearing in
        2    20 to 30 days.  I think the PC's -- most of the
        3    PC's comments were that they would agree with the
        4    high bid.  I think they shouldn't allow them to
        5    hook on if there's a line running in front of the
        6    property, but the consultant did it the way the DEP
        7    required it to be done.  So we do want to get that
        8    going; we are anxious to get that taken care of.
        9    And I think Coolbaugh's made their comments and Bob
       10    had those as well.
       11                    And I had one other item.  We wanted
       12    to -- we did up a certificate of appreciation for
       13    one of our DPW workers and I have that here for the
       14    board to sign.  We received a copy of a letter that
       15    Lake Naomi Club had sent to Mrs. Delores Eberson
       16    and it was in regards to a call from -- the EMS
       17    could not get into the driveway of Mrs. Everson and
       18    she wrote a letter to Lake Naomi.  And Stephen
       19    Smith, one of our DPW workers, helped get the
       20    gurney out to the ambulance in the middle of a
       21    snowstorm, so we would want to acknowledge that as
       22    well.
       23                    And I just had one other thing I
       24    wanted to mention.  We were out at the park today
       25    with Tunkhannock Township to look for placement of

                                                                5
        1    trees.  We're going to get some trees from the
        2    NASCAR Clean Air Tree Program.  So Mr. --
        3    Dr. Mattioli is providing 80 trees, but we're not
        4    sure how many, whether it's just this one location,
        5    but they did pick the Blakeslee Natural Area.  So
        6    we will be working with the conservation district
        7    and Dr. Mattioli to see that those trees get placed
        8    in the park.  And I think that's it.
        9                    MR. KERRICK:  Any minutes to
       10    approve?
       11                    MS. PICKARD:  No.  We just got them.
       12                    MR. KERRICK:  Next item.  Consider
       13    the treasurer's report.  Total amount for board
       14    approval this evening, $600,633.24.
       15                    MS. PICKARD:  I make a motion that
       16    we approve the bill pack dated April 9 -- April 12
       17    in the amount of $600,633.24.
       18                    MR. KEENER:  Second.
       19                    MR. KERRICK:  Motion and second.
       20                    Questions or comments from the
       21    board?
       22                    MS. PICKARD:  I'd just like to
       23    mention that that includes our second quarter lease
       24    payment.
       25                    MR. KERRICK:  Questions or comments

                                                                6
        1    from the public?  If anyone wants to review the
        2    invoices, they're on the corner of the desk.
        3                    Call the vote.
        4                    Jamie?
        5                    MR. KEENER:  I vote in favor.
        6                    MR. KERRICK:  Donny?
        7                    MR. MOYER:  I vote in favor.
        8                    MR. KERRICK:  Heidi?
        9                    MS. PICKARD:  I vote in favor.
       10                    MR. KERRICK:  I vote in favor.
       11    Motion carried.
       12                    Next item, solicitor's report.
       13                    MR. ARMSTRONG:  There's three items
       14    under my report this evening.  The first, I would
       15    remind the board -- and I wanted to announce to the
       16    public that the board did have a brief executive
       17    session on a real estate matter before the meeting.
       18                    Now, as for the items under my
       19    report, the first is the Lost Trails, LLC
       20    conditional use hearing.  You had the hearing at
       21    the end of 2009.  We've received an extension of
       22    time for the actual written adjudication for that
       23    conditional use from the applicant.  I think we're
       24    still waiting.  I don't think the township has
       25    received any additional information from the

                                                                7
        1    applicant with respect to the PennDOT submittal.
        2                    It's my understanding that the board
        3    still wants to hold off at least until the May
        4    meeting to make that written adjudication final.
        5                    MR. KEENER:  Yeah.  I mean, in the
        6    meantime that may be for naught since the newspaper
        7    reported that they're going to be kicked out.
        8                    MR. MOYER:  Yeah, that might be
        9    moot.
       10                    MR. ARMSTRONG:  Yeah, and I did
       11    mention that to the applicant and it was actually
       12    news to him, so I haven't heard back from him since
       13    late last week.
       14                    The next thing under my report is
       15    the consideration of the advertising for a large
       16    gathering ordinance.  The zoning officer, Phyllis
       17    Haase, put together an ordinance to address large
       18    gatherings within the township.  Some of the
       19    concerns have been with respect to the possible
       20    carnivals or other similar types of gatherings
       21    within the township.
       22                    The zoning officer took a form
       23    ordinance off the PSATS Web site, so for the most
       24    part it's fairly appropriate.  I made some
       25    revisions this morning and forwarded it back to the

                                                                8
        1    zoning officer.  It provides for the requirement
        2    for a permit, the limitation as to the extent of
        3    time; other specific requirements with respect to
        4    parking and sewage facilities, security, personnel;
        5    as well as an applicant providing the requisite
        6    insurance and bonds, depending upon the type of
        7    gathering being proposed.  It covers large
        8    gatherings from 200 attending on up.
        9                    I don't know if the board has had a
       10    chance to take a look at what the zoning officer
       11    put together last week, or if there's any comments
       12    at this time.
       13                    MS. PICKARD:  This is a standalone
       14    ordinance, it's not part of the zoning ordinance?
       15                    MR. ARMSTRONG:  This will be a
       16    standalone ordinance.  It's not part of zoning,
       17    it's not part of the SALDO ordinance.
       18                    MS. PICKARD:  So we could have this
       19    advertised and put on our May agenda?
       20                    MR. ARMSTRONG:  Absolutely.
       21                    MS. PICKARD:  Do we need a motion?
       22                    MR. ARMSTRONG:  To authorize this
       23    for advertising, yes.
       24                    MS. PICKARD:  I'd like to make a
       25    motion to --

                                                                9
        1                    MR. KERRICK:  Can we do any minor
        2    alterations before it's out to advertise?  I
        3    haven't reviewed the final draft.  No?
        4                    MR. ARMSTRONG:  Before we send it
        5    out to advertise?
        6                    MR. KERRICK:  Yeah.
        7                    MR. ARMSTRONG:  Absolutely.  If the
        8    board wants to take a closer look before it goes
        9    out to advertise, absolutely; but once it goes out
       10    to advertise, the ability to change it, you know,
       11    is somewhat limited depending on the change.  So
       12    what -- I mean --
       13                    MR. KEENER:  I just have a couple of
       14    scenarios I'd like to throw out.  Say we had a
       15    church picnic here at the park, they'd have to
       16    apply for a permit if they have over 200 people, or
       17    if the legion had an event that's going to be over
       18    200 people at their facility?
       19                    MR. ARMSTRONG:  Yep.  Yeah, if the
       20    anticipated amount is 200 or plus, this ordinance
       21    would kick in.  Now, you know, it requires them to
       22    submit for a permit and to make sure that certain,
       23    you know, elements are covered; traffic, parking,
       24    sewage, security, trash removal.
       25                    MR. KERRICK:  Who's going do police

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        1    that?
        2                    MS. PICKARD:  The zoning officer.
        3                    MR. ARMSTRONG:  My guess would be
        4    the zoning officer.
        5                    MS. PICKARD:  Plus there's things
        6    that are on the lower end of the scale of 200,
        7    they're not really going to have any major
        8    requirement.  It's mostly for the larger gatherings
        9    and we have the carnivals and biker rallies.
       10                    MR. KERRICK:  Why don't they raise
       11    the number up?
       12                    MS. PICKARD:  Basically all of the
       13    ones that we saw had things.  And if we have
       14    something over 200 people that's going to be out in
       15    the field or a biker rally, it's still going to
       16    have the requirement.  If it's at the park or any
       17    of these facilities, there's already adequate
       18    parking.
       19                    MR. KERRICK:  But they'll still have
       20    to go through the -- we could be different, we
       21    don't have to follow what everybody else has.
       22                    MS. PICKARD:  Well, we can, you
       23    know, change the amount of people.  I don't know
       24    what you're going to change it to, you know.
       25                    MR. KERRICK:  Well, I would imagine

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        1    if the legion -- just using that as an example --
        2                    MR. KEENER:  What's the capacity of
        3    the building at the legion?
        4                    MS. PICKARD:  I'm not sure what they
        5    are, and I have to look at that.  We can't really
        6    take occupants too many more than 200 at one time
        7    at the building.
        8                    MR. KEENER:  Well, that's what I'm
        9    saying.  For specific instances like that, I
       10    wouldn't want them to have to get a permit every
       11    time they have an event.
       12                    MR. KERRICK:  No, me neither.
       13                    MR. KEENER:  I mean, if it's 200 --
       14    the capacity is 200, then they, you know, wouldn't
       15    be able to exceed that, then they wouldn't ever
       16    need a permit.  But if it's 300, then they'd have
       17    to get a permit every time they did an event.
       18                    I don't know.  I'm just --
       19                    MR. KERRICK:  That's a good point.
       20                    MS. PICKARD:  We have two scenarios
       21    right now that we have issues with, that are coming
       22    forward and --
       23                    MR. KEENER:  But they're going to be
       24    potentially thousands of people.
       25                    MS. PICKARD:  Yes.

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        1                    MR. KEENER:  That's why I'm
        2    saying --
        3                    MS. PICKARD:  Well, I don't know
        4    what the number is on some of them.  Some of them
        5    we could predict.
        6                    MR. KERRICK:  How are we going to
        7    count the people?
        8                    MR. KEENER:  I mean, you could have
        9    a soccer tournament that has more than 200 people.
       10                    MR. ARMSTRONG:  Yeah.  The way the
       11    200 amount is written is that the township -- I
       12    mean, it's a reasonable amount of anticipated
       13    patrons and that number is to be determined by the
       14    township whenever they get a permit.
       15                    MR. MOYER:  So much to change with
       16    that too.  I mean, you get weather and all of a
       17    sudden then half the people don't show up --
       18                    MS. PICKARD:  You still have to
       19    anticipate that they're gonna show up rather than
       20    showing up at your neighbor's house and they don't
       21    have a --
       22                    MR. KEENER:  What about a baseball
       23    tournament?  We have 20 teams plus parents, we're
       24    gonna have more than 200 people.  You gotta get a
       25    permit.  You have a soccer tournament.

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        1                    MS. PICKARD:  I don't know.  Last
        2    year we wanted to have a concert up at one of our
        3    local restaurants at the field.
        4                    MR. KERRICK:  What about the school?
        5    What about the gatherings at the school?
        6                    MR. KEENER:  Entertainment.
        7                    MS. PICKARD:  I can't answer that.
        8    I'd have to talk to Phyllis, but this is going
        9    through all the ones that control center had given
       10    Phyllis, four or five ordinances, and this is
       11    basically from PSATS.
       12                    MR. ARMSTRONG:  Yeah, when I looked
       13    at it this morning --
       14                    MS. PICKARD:  It was Monroe County
       15    Control Center that provided Phyllis with all the
       16    other local ARD ordinances.
       17                    MR. ARMSTRONG:  Yeah, it looked like
       18    the majority of these provisions for the most part
       19    came from the PSATS Web site.
       20                    MR. MOYER:  200 is their number?
       21                    MR. ARMSTRONG:  Yeah.
       22                    MS. PICKARD:  Mm-hmm.
       23                    MR. ARMSTRONG:  Now, you can
       24    increase the number.  You can provide for, you
       25    know, certain exceptions or certain activities that

                                                               14
        1    you wanted to classify as not falling under the
        2    definition of a large gathering, if you wanted to
        3    approach it that way, you know --
        4                    MR. KERRICK:  To me there's two
        5    different scenarios.  If you have something in the
        6    school -- for instance, Pocono Mountain West could
        7    handle 300 people.  But if you have it in the
        8    middle of the field --
        9                    MS. PICKARD:  Well, and this is just
       10    basically they come in with a plan, so it's not
       11    gonna be a big deal -- basically we weren't looking
       12    at the school or a --
       13                    MR. KERRICK:  I understand.
       14                    MS. PICKARD:  What we were talking
       15    about were the carnivals that have come up, bazaars
       16    that have come up, the concerts that have come up,
       17    the rallies that have come up.
       18                    MR. KERRICK:  I understand.
       19                    MS. PICKARD:  Yeah.  So, you know,
       20    we're trying to take care of --
       21                    MR. ARMSTRONG:  One thing to keep in
       22    mind is the PSATS version was for public
       23    gatherings.  I believe Phyllis changed it just a
       24    little bit to just address large gatherings.  She
       25    took out the public reference to the proposed use.

                                                               15
        1    That may impact the legion example given by Jamie.
        2    I don't know if it would necessarily impact the
        3    school.
        4                    MS. PICKARD:  Well, we had a
        5    question about the private and that was one of the
        6    things we talked about, private versus public and
        7    what was considered private versus public.
        8                    MR. ARMSTRONG:  Okay.  We'd have to
        9    define it.
       10                    MR. KEENER:  Well, we have sponsor
       11    defined as any natural person, association,
       12    partnership, firm, corporation, joint venture, or
       13    any other legal entity whatsoever who initiates,
       14    organizes, promotes, permits, conducts or cause to
       15    be advertised a large gathering.
       16                    MR. KERRICK:  Pretty much covered
       17    everything there, Jamie.
       18                    MR. KEENER:  Except illegal
       19    entities.
       20                    MS. PICKARD:  But they're natural
       21    persons, aren't they?
       22                    MR. KEENER:  Not necessarily.  I
       23    prefer to look at it a little further before we
       24    advertise it.
       25                    MR. KERRICK:  I don't -- personally

                                                               16
        1    if we can get our comments together and not have to
        2    wait until May, as long as we're all satisfied --
        3                    MS. PICKARD:  We can handle
        4    something Wednesday.
        5                    MR. KEENER:  Can we?
        6                    MS. PICKARD:  Well, I don't know.
        7    Let's see if we can.
        8                    MR. KEENER:  How did you advertise
        9    the meeting?
       10                    MR. ARMSTRONG:  Did you -- I didn't
       11    see the advertisement.
       12                    MS. PICKARD:  It was supposed to be
       13    for the 5:30 and any other business that came up.
       14                    MR. ARMSTRONG:  Well, any other
       15    business covers it.
       16                    MR. KEENER:  All right.
       17                    MS. PICKARD:  So then it dies.
       18                    MR. KERRICK:  It didn't die, it's
       19    tabled.  There's a difference.
       20                    MR. ARMSTRONG:  So then the last
       21    thing under my report is the Lake Naomi pedestrian
       22    bridge and walkway.  We discussed this a little bit
       23    at the work session.  I believe Wendy Freeman is
       24    here from Lake Naomi.  I think we're still waiting
       25    for the inspection company contract from PennDOT,

                                                               17
        1    right?
        2                    MS. WENDY FREEMAN:  The proposal
        3    arrived today and was e-mailed to PennDOT so
        4    hopefully she can review that in the next couple of
        5    days.  I did send you an e-mail to see if you
        6    wanted a copy of it prior to her review, but you
        7    must have been off for the day.
        8                    MR. ARMSTRONG:  So -- go ahead.
        9                    MR. KERRICK:  I was going to say, I
       10    hope we can walk the trail before we all retire.
       11    What has it been now, seven years?
       12                    MR. ARMSTRONG:  Well, what the board
       13    can do is, you know, it was a project proposed and
       14    bid out.  You received bids, you have a successful
       15    bidder.  If you wanted to this evening authorize
       16    the execution -- the chairman to execute the
       17    contracts once they're finalized and ready for
       18    execution, you know, you can do that.  Or if you --
       19    you know, if it's the will of the board, how you
       20    want to proceed.  I think you're all aware of the
       21    issues involved with this particular matter so --
       22                    MS. PICKARD:  What's the status of
       23    the grant agreement?
       24                    MR. ARMSTRONG:  The grant agreement,
       25    I still haven't received an addendum.  I thought I

                                                               18
        1    was going to receive it middle to late last week.
        2    I haven't received it yet.  I called the individual
        3    up at McCormick Taylor this afternoon, but she was
        4    out of the office.  So I'm anticipating receiving
        5    that soon; I just haven't gotten it yet.
        6                    MR. MOYER:  But the grant is still
        7    in place and it may be more money, right?
        8                    MR. ARMSTRONG:  The grant --
        9    everything I've been told, the grant is still in
       10    place.  The original grant application agreement is
       11    dated 2003.
       12                    MS. PICKARD:  That expired in '08?
       13                    MR. ARMSTRONG:  '08.  But everything
       14    I've been told and received via correspondence,
       15    PennDOT wouldn't allow the bid to go out if it
       16    wasn't there.  But, you know, there is an addendum
       17    to that application agreement that's being prepared
       18    and we should be seeing it shortly.  That includes,
       19    like you said, some additional funds for the
       20    project.  I just haven't seen the document yet.
       21    Once this board sees it, approves it, and signs it,
       22    it can then get sent to PennDOT for their
       23    signatures as well.
       24                    MR. KEENER:  So we, as the sponsor
       25    of the project, are responsible to award the

                                                               19
        1    contract?  Do we have -- we have the agreement in
        2    place between Lake Naomi and Tobyhanna Township,
        3    correct, that's already been executed?
        4                    MR. ARMSTRONG:  We have the grant
        5    application between the township and Lake Naomi,
        6    that's been executed.  There's going to be an
        7    addendum to that agreement for the upcoming
        8    inspection company contract with the township
        9    because we want a concurrent agreement with Lake
       10    Naomi to cover that contract as well.
       11                    MR. KEENER:  So that's the two
       12    things that we need to approve, the awarding of the
       13    contract and the addendum to grant the agreement.
       14                    MR. ARMSTRONG:  You need to execute
       15    the bid contract with the successful bidder, Harry
       16    DePue.  You need to approve an inspection company
       17    contract for a company to be out at the site
       18    inspecting the property and the work being done,
       19    which to my knowledge is Keystone.  You need to
       20    then receive -- you're going to approve the
       21    addendum to the grant agreement with PennDOT and
       22    then there's that final addendum with Lake Naomi.
       23                    MS. PICKARD:  We also have the
       24    extension of the contract.
       25                    MR. ARMSTRONG:  Yeah, that won't

                                                               20
        1    be -- that won't be a contract.  It will be, you
        2    know, the town -- you will vote whether or not to
        3    agree to extend the time period and then that will
        4    be forwarded off to PennDOT, to concur with that or
        5    not, once the contract's executed and, you know,
        6    valid and enforced.
        7                    MR. KERRICK:  Do we need to take any
        8    action this evening?
        9                    MR. KEENER:  We anticipate, what,
       10    this week we'll have the inspection company
       11    approve -- the proposal approved?
       12                    MS. WENDY FREEMAN:  Whenever PennDOT
       13    is able to get to it, that's when we get it.  I
       14    hate to put a time on them 'cause I'm not -- they
       15    do understand that it's imperative that we get this
       16    moving so I believe that yes, we will have it this
       17    week.
       18                    MR. KEENER:  Since it's imperative,
       19    I make a motion that we authorize the chairman of
       20    the board to execute the contract and the agreement
       21    addendum upon receipt of and review of the
       22    contracts by our solicitor and our engineer
       23    satisfactory.
       24                    MR. ARMSTRONG:  Concurrent.
       25                    MR. KEENER:  Yes.

                                                               21
        1                    MR. KERRICK:  We have a motion.  Do
        2    we have a second?
        3                    MR. MOYER:  I'll second.
        4                    MS. PICKARD:  That was for the
        5    contract with DePue and the amendment to the grant
        6    agreement with PennDOT?
        7                    MR. KEENER:  Yes.  For the
        8    inspection company.
        9                    MR. ARMSTRONG:  Make sure you
       10    include them all.  You can just say all the
       11    related --
       12                    MR. KEENER:  And any necessary, yes.
       13                    MR. KERRICK:  Any questions or
       14    comments from the board?
       15                    Questions or comments from the
       16    public?
       17                    Call the vote.
       18                    Jamie?
       19                    MR. KEENER:  I vote in favor.
       20                    MR. KERRICK:  Donny?
       21                    MR. MOYER:  I vote in favor.
       22                    MR. KERRICK:  Heidi?
       23                    MS. PICKARD:  I vote in favor.
       24                    MR. KERRICK:  I vote in favor.
       25    Motion carried.

                                                               22
        1                    Do you have anything else.
        2                    MR. ARMSTRONG:  That's all I have
        3    for this evening, guys.
        4                    MR. KERRICK:  Next item of business,
        5    consider lawn maintenance proposals.  In front of
        6    you under Section A, which we discussed at our work
        7    session, M&D Lawn Care was the low bidder.  I'll
        8    entertain a motion to award the bid to them, M&D.
        9                    MS. PICKARD:  I make a motion that
       10    we award the lawn care bid to M&D Lawn Care
       11    including the government center complex.
       12                    MR. KERRICK:  Motion.  Do we have a
       13    second?
       14                    MR. KEENER:  Second.
       15                    MR. KERRICK:  Questions or comments
       16    from the board?
       17                    Questions or comments from the
       18    public on the motion?
       19                    MR. KEENER:  I just want to announce
       20    the total for that, $265 plus 200 for the
       21    government center.
       22                    MS. PICKARD:  Per cut.
       23                    MR. KERRICK:  Any questions from the
       24    public on the motion?
       25                    Call the vote.

                                                               23
        1                    Jamie?
        2                    MR. KEENER:  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 carried.
        9                    Next item, PennDOT maintenance
       10    services agreement.  Resolution No. 2010-010,
       11    sweeping.  That would be B in your packet.
       12                    MR. KEENER:  That's going to allow
       13    us the reimbursement for the work that we did on
       14    the PennDOT roads, correct?
       15                    MR. KERRICK:  Correct.
       16                    MR. KEENER:  I make a motion we
       17    approve Resolution 2010-010 for sweeping, PennDOT
       18    maintenance road agreement.
       19                    MS. PICKARD:  In the amount of
       20    $5,000.
       21                    MR. KEENER:  In the amount of
       22    $5,000.
       23                    MS. PICKARD:  I'll second that.
       24                    MR. KERRICK:  And you seconded that?
       25                    MS. PICKARD:  Mm-hmm.

                                                               24
        1                    MR. KERRICK:  Motion and second.
        2    Questions or comments from the board?
        3                    Questions or comments from the
        4    public on the motion?
        5                    Call the vote.
        6                    Jamie?
        7                    MR. KEENER:  I vote in favor.
        8                    MR. KERRICK:  Donny?
        9                    MR. MOYER:  I vote in favor.
       10                    MR. KERRICK:  Heidi?
       11                    MS. PICKARD:  I vote in favor.
       12                    MR. KERRICK:  I vote in favor.
       13    Motion carried.
       14                    Next item, PennDOT maintenance
       15    services agreement.  Resolution No. 2010-011,
       16    mowing.  I believe that's self-explanatory.  We mow
       17    the shoulders for them.
       18                    MR. KEENER:  I make a motion we
       19    approve Resolution 2010-011, mowing PennDOT
       20    maintenance services agreement in the amount of
       21    $3,000.
       22                    MS. PICKARD:  I second the motion.
       23                    MR. KERRICK:  Motion and second on
       24    the floor.  Any questions or comments from the
       25    board?

                                                               25
        1                    Questions or comments from the
        2    public?
        3                    Call the vote.
        4                    Jamie?
        5                    MR. KEENER:  I vote in favor.
        6                    MR. KERRICK:  Donny?
        7                    MR. MOYER:  I vote in favor.
        8                    MR. KERRICK:  Heidi?
        9                    MS. PICKARD:  I vote in favor.
       10                    MR. KERRICK:  I vote in favor.
       11                    Next item, Resolution No. 2010-012,
       12    price adjustment for bituminous materials for small
       13    quantities.  This is the escalator clause.
       14                    MS. PICKARD:  I make a motion that
       15    we approve Resolution No. 2010-012.
       16                    MR. KERRICK:  Do we have a second?
       17                    MR. MOYER:  Second.
       18                    MR. KERRICK:  Questions or comments
       19    from the board?
       20                    Questions or comments from the
       21    public?
       22                    Call the vote.
       23                    Jamie?
       24                    MR. KEENER:  I vote in favor.
       25                    MR. KERRICK:  Donny?

                                                               26
        1                    MR. MOYER:  I vote in favor.
        2                    MR. KERRICK:  Heidi?
        3                    MS. PICKARD:  I vote in favor.
        4                    MR. KERRICK:  I'll vote in favor.
        5    Motion carried.
        6                    Next item, consider material bids
        7    for the current year.  We discussed this at our
        8    work session.  I believe the lowest was Linde
        9    Construction, but due to the F.O.B. in Honesdale, I
       10    think the closest would be Tarheel.  And then of
       11    course your asphalt, the only bid we got in was
       12    Locust Ridge.  I'll entertain a motion.
       13                    MR. MOYER:  So moved.
       14                    MR. KERRICK:  Do we have a second?
       15                    MS. PICKARD:  I'll second the
       16    motion.
       17                    MR. KEENER:  That was to approve
       18    Tarheel for --
       19                    MR. KERRICK:  Tarheel for stone and
       20    Locust Ridge for asphalt.
       21                    Any other comments?  Questions?
       22                    Questions from the public on the
       23    motion?
       24                    Call the vote.
       25                    MR. KEENER:  I vote in favor.

                                                               27
        1                    MR. KERRICK:  Donny?
        2                    MR. MOYER:  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 item, pool fees.  Do we want to
        8    get a report from the committee?  Maybe they -- do
        9    you want to go first with what you came up with?
       10                    MS. PICKARD:  I have a list of fees
       11    that I have included in the packet.  I can run
       12    through them.  Seasonal family membership is at
       13    $100.  Seasonal individuals, 13 to 65; $60.
       14    Seasonal individual under 12 is $40.  Seasonal
       15    seniors, $45.  This is for Tobyhanna Township
       16    residents.  Also, daily rates for Tobyhanna
       17    Township, 12 and under, would be $3; 13 to 17, $4;
       18    adults, $5; seniors, $3.  Daily members will pay $5
       19    for each photo I.D. up to a maximum of $25 per
       20    family.
       21                    Tunkhannock Township rates would be
       22    $200 for a seasonal family membership.  Seasonal
       23    individual, 13 to 65, $85.  Seasonal individual
       24    under 12, 50.  Seasonal senior, 60.  Daily rates
       25    for Tunkhannock would be, 12 and under, $4; 13 to

                                                               28
        1    17, $5; adults, $6; seniors, $4.  And they would
        2    also pay the $5 per photo I.D. for a maximum of 25
        3    per family for the daily rates.  There is still a
        4    $5 photo fee for residents after the registration
        5    deadline and that would also be a max number of $25
        6    per family.
        7                    The swimming lessons will be $90 for
        8    Tobyhanna Township residents and $100 for
        9    Tunkhannock residents.  And that is my motion.
       10                    MR. KERRICK:  Motion?
       11                    MS. PICKARD:  Yeah.
       12                    MR. KEENER:  Are we opening the
       13    pool?
       14                    MR. KERRICK:  I guess that's Heidi's
       15    motion.
       16                    MR. KEENER:  I'll second it to bring
       17    it to discussion.
       18                    MALE VOICE:  Is that today's rates
       19    or is that last year's rates, the ones you just
       20    read?
       21                    MS. PICKARD:  Those will be this
       22    year's rates.  We don't need to read last year's
       23    rates.
       24                    MALE VOICE:  I was just wondering if
       25    you did -- okay.  No, it's not much of an increase.

                                                               29
        1    We were talking about more of an increase last
        2    week.
        3                    MR. KERRICK:  Well, we had just as
        4    many people who came in after the meeting and said
        5    they didn't want to see an increase.
        6                    MALE VOICE:  After the meeting they
        7    had no right to be here.
        8                    MR. KERRICK:  They can stop anytime
        9    they want.
       10                    Anybody else have any comments?
       11                    MS. LISA ERLSTEN:  Why do we have
       12    the badges?  Why do we need the photo I.D. cards?
       13    Why can't we go back to saving some money and just
       14    doing the little clips that we had, that just
       15    clipped on and you had a number?  Because I can
       16    tell you, you go to that pool, you show your I.D.,
       17    they get to know you, you never bring out that I.D.
       18    again.  So what's the value of having your picture
       19    on it?
       20                    MS. PICKARD:  Everyone is supposed
       21    to have their I.D. with them whether --
       22                    MS. LISA ERLSTEN:  Oh, yeah, I take
       23    it, but they don't ask you for it.
       24                    MS. PICKARD:  And we've had a lot of
       25    people that come in from out of the area and it's

                                                               30
        1    really unfair to bring light bills and have our
        2    badge checkers and lifeguards worrying about
        3    whether or not they're residents or not.
        4                    MS. LISA ERLSTEN:  I understand
        5    that, but still nobody -- you still sign the paper
        6    whether you have it clipped on your bag or clipped
        7    on your suit, but when you go there after they --
        8    one or two times they get to know you, you sign the
        9    sheet, you never show your card again 'cause they
       10    don't ask you for it.  So I'm just looking, that's
       11    another cost savings you could do and not printing
       12    an I.D. badge.
       13                    MS. PICKARD:  In comparison to the
       14    $60,000 it costs to the operate the pool, it's
       15    insignificant.
       16                    MS. LISA ERLSTEN:  Well, just
       17    another savings.
       18                    MR. KERRICK:  Any other comments?
       19                    MR. CARL SELIG:  Yes.  Maybe there's
       20    money last year to pay for the maintenance?
       21                    MR. KERRICK:  Not quite.
       22                    MR. CARL SELIG:  Well, then I think
       23    you ought to shut it down.
       24                    MR. KERRICK:  Well, there was a lot
       25    of people here at our work session that didn't feel

                                                               31
        1    that way.
        2                    MR. CARL SELIG:  Yeah, but we're
        3    paying for something and it ain't making money on.
        4    And if there's no maintenance made on it, if we
        5    have to pay money on it all the time, well, then --
        6                    MR. KERRICK:  I appreciate your
        7    comment.  I don't think that we're here -- the
        8    government's here to make money, we'd like to cover
        9    the costs.
       10                    MR. CARL SELIG:  No, what I mean
       11    is (inaudible).  If you're paying money out and it
       12    ain't coming in, I don't think it should be open.
       13                    MR. KERRICK:  Well, we have a group
       14    of people that are willing to see if they can do
       15    some fund-raising for us and I believe that -- I
       16    don't know how the board feels, but we were gonna
       17    try this year and we do have the money in the
       18    budget to open it.
       19                    MR. CARL SELIG:  I know last year
       20    they had a hard time to get it open.
       21                    MR. KERRICK:  Anybody else have any
       22    comments?
       23                    MR. KEENER:  We did take names and
       24    e-mails and phone numbers of individuals that were
       25    here at the work session and we're gonna send out

                                                               32
        1    information that, I guess, with the rates and try
        2    to, you know, find people that will help.  Get out
        3    to the schools, get out to the various areas and
        4    try to increase the revenues to help offset the
        5    cost for the pool.
        6                    MS. LISA ERLSTEN:  I'd be glad -- I
        7    mean, I signed up to that list.  I'd be glad to --
        8    if you're telling me tonight we're opening, I would
        9    be glad to make up a flyer and get that out to the
       10    schools before they close, to T.E.C.
       11                    MR. KERRICK:  Can we count on you
       12    for community day as well?
       13                    MS. PICKARD:  Yeah, we need help for
       14    community day.
       15                    MS. LISA ERLSTEN:  Hey, I've been
       16    here.  If I recall, you cancelled community day
       17    last year.
       18                    MR. KERRICK:  Well, we had some
       19    people that came forward and wanted to do community
       20    day with no township dollars, so we're looking for
       21    volunteers.
       22                    MS. LISA ERLSTEN:  I've been here
       23    every time you've done community day.  Our church
       24    has been here and I have been here so --
       25                    MR. KERRICK:  Perfect.

                                                               33
        1                    So do you want to include that in
        2    your motion for the rates, that we will open, and
        3    that's the rates, and your second?
        4                    Any discussions?  Questions or
        5    comments from the public?
        6                    FEMALE VOICE:  Can I just hear the
        7    rates again?  It was very low.  I don't care, but
        8    I'd just like --
        9                    MR. KEENER:  They didn't get a copy
       10    of it?
       11                    MR. KERRICK:  Do you want a copy of
       12    these?
       13                    MS. PICKARD:  Well, I have this.  I
       14    don't know -- that's not rates.  I don't know if
       15    you have that.  I was going to e-mail it to
       16    everybody on the list.
       17                    MR. KEENER:  There you go.  Pass it
       18    around.
       19                    MR. KERRICK:  Questions or comments
       20    from the public?  Any others?
       21                    FEMALE VOICE:  If you have a raffle,
       22    to raffle something off.
       23                    MR. KERRICK:  Whatever you'd like to
       24    do.  The committee will see how you turn out this
       25    year.

                                                               34
        1                    Call the vote.
        2                    Jamie?
        3                    MR. KEENER:  I vote in favor.
        4                    MR. KERRICK:  Donny?
        5                    MR. MOYER:  I vote in favor.
        6                    MR. KERRICK:  Heidi?
        7                    MS. PICKARD:  I vote in favor.
        8                    MR. KERRICK:  I vote in favor.
        9    Motion carried.  Thank you.
       10                    MR. KEENER:  We saved some lifeguard
       11    jobs.
       12                    MR. KERRICK:  Stimulus.
       13                    MR. KEENER:  Yep.
       14                    MR. KERRICK:  Letter of support,
       15    Mount Pocono Borough for Knob property purchase.
       16    They just want to --
       17                    MR. KEENER:  Why do we have to
       18    support that?
       19                    MS. PICKARD:  They requested a
       20    letter of support for their DCNR grant --
       21                    MR. KERRICK:  We've done that in the
       22    past and we've asked for other communities to
       23    support us when we do the open space.
       24                    MS. PICKARD:  I'll make a motion
       25    that we send a letter of support for Mount Pocono

                                                               35
        1    Borough for the purchase of the Knob property.
        2                    MR. KERRICK:  Do I have a second?
        3                    MR. MOYER:  I second the motion.
        4                    MR. KERRICK:  Motion and second.
        5                    Questions or comments from the
        6    public on the motion?
        7                    Call the vote.
        8                    Jamie?
        9                    MR. KEENER:  I vote in favor.
       10                    MR. KERRICK:  Donny?
       11                    MR. MOYER:  I vote in favor.
       12                    MR. KERRICK:  Heidi?
       13                    MS. PICKARD:  I vote in favor.
       14                    MR. KERRICK:  I'll vote in favor.
       15    Motion carried.
       16                    Do you have anything else?
       17                    Anybody have anything else for the
       18    board?
       19                    MR. KEENER:  You realize -- I'll
       20    tell you later.
       21                    MR. KERRICK:  Yeah, I realize a lot
       22    of things, but I won't say it.
       23                    Anybody have anything else?
       24                    Anybody from the public wish to
       25    address the board?  We are adjourned.  Thank you.

                                                               36
        1                    (Meeting concluded at 7:41 p.m.)
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        1
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        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
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