Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
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In Re: Regular Business Meeting
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Tobyhanna Elementary Center
Multipurpose Room
HC89 Box 36
Pocono Pines, Pennsylvania 18350
Monday, May 10, 2010, beginning at 9:38 a.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
JAMIE B. KEENER, Board Member
ANNE LAMBERTON, Board Member
PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
ALSO PRESENT: PHYLLIS HAASE, Zoning Officer
JOHN BROGAN, Sewage Enforcement Officer
ROBERT McHALE, Township Engineer
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______________________________________________________
PANKO REPORTING
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
2
1 MS. PATRICIA DEWITSKY: This morning
2 Tobyhanna Township will open the meeting conducting
3 their monthly meeting here so that you can see how
4 local government works. Okay? This is your local
5 government where you live. You're going to meet
6 your supervisors, the people who are in charge of
7 where you live, and they're going to tell you about
8 what they do. You're going to watch a meeting in
9 progress, a real meeting.
10 Normally their meetings are at
11 night, but what they decided to do was have the
12 meeting here in the morning so all of you can see
13 what happens at a township meeting, what kind of
14 business they talk about. Okay? These are the
15 people who are in charge of your community. Okay?
16 And they'll talk more about their responsibilities
17 after the meeting.
18 If you have questions, you can wait
19 until the end and they'll answer your questions. I
20 expect you to be respectful and quiet and
21 considerate and listen to what's going on.
22 MR. KERRICK: I'd like to welcome
23 everyone here today. I call the meeting to order
24 with a Pledge of Allegiance.
25 (Pledge of Allegiance was recited.)
3
1 MR. KERRICK: First order of
2 business today will be announcements.
3 MS. PICKARD: A couple of
4 announcements I had. I wanted to see if we could
5 get one of our supervisors who will be attending
6 the Memorial Day Parade to lay the wreath. I'll
7 have Margie order in the wreath. Is there anyone
8 who is available here? John and I will be away.
9 MR. KEENER: I will be away.
10 MS. LAMBERTON: I'll do it.
11 MS. PICKARD: Okay. Thank you.
12 MR. KERRICK: You're welcome.
13 MS. PICKARD: We have pool
14 registration sign-ups. The pool will be opening
15 Friday, June 18. The pool will be opening June 18
16 on Friday. We have sign-ups, Wednesday the 16th
17 through Fridays in July. And we have the rates
18 here. We will be getting flyers out to the school
19 before the end of school so that Tobyhanna and
20 Tunkhannock residents can be apprised of when we
21 have the sign-ups.
22 I also just wanted to make an
23 announcement that John and I had a telephone
24 conference with our -- hopefully our new workers'
25 comp carrier, that will be Keystone Municipal
4
1 Trust, and we expect to hear sometime this week as
2 to your acceptance into the risk pool.
3 And I received a letter this morning
4 from Arrowhead Lake requesting a special meeting
5 for their lodge at Arrowhead. We're looking for a
6 meeting date. I was going to suggest that we meet
7 Wednesday, the 26th, at 8 a.m., if that would be
8 all right with everybody's schedule.
9 MR. KEENER: How long is the meeting
10 going to be?
11 MR. KERRICK: That's a good
12 question.
13 MS. LAMBERTON: Let's limit it.
14 MS. PICKARD: How long is any
15 meeting? It's just for the purpose of meeting with
16 Arrowhead to amend their land development plan.
17 MR. KEENER: I'll try to make it.
18 MS. PICKARD: That would be
19 Wednesday morning, May 25.
20 MR. KEENER: 26th?
21 MS. PICKARD: And that's all the
22 announcements I had.
23 MR. KERRICK: Thank you.
24 Next item of business, consider the
25 minutes of the March 8, 2010 regular business
5
1 meeting.
2 What's the board's pleasure?
3 MS. PICKARD: I have some
4 corrections to the March 8 minutes. On Page 4,
5 Line 13. It should be ordinance No. 486. On Page
6 32, Line 18, it should be earthen berm;
7 e-a-r-t-h-e-n, berm. Page 35 would be conditional
8 use adjudication, that would be Line 23. And Page
9 36, Line 4 would be UCC. Page 56, Line 6, that
10 would be Gary Hoffman.
11 And with that, I'll make a motion to
12 approve the minutes of March 8, 2010 as amended.
13 MR. KERRICK: Motion on the floor.
14 Do we have a second?
15 MS. LAMBERTON: I'll second.
16 MR. KERRICK: Questions and comments
17 from the board?
18 Questions and comments from the
19 public?
20 Call the vote.
21 Jaime?
22 MR. KEENER: I vote in favor.
23 MR. KERRICK: Anne?
24 MS. LAMBERTON: I vote in favor.
25 MR. KERRICK: Heidi?
6
1 MS. PICKARD: I vote in favor.
2 MR. KERRICK: I'll vote in favor.
3 Motion carried.
4 Next item on our agenda, consider
5 the treasurer's report dated May 10, 2010. Total
6 amount for board approval, $212,083.42.
7 What's the board's pleasure?
8 MS. PICKARD: I'll make a motion
9 that we approve the May 10, 2010 bill pack in the
10 amount of $212,083.42.
11 MR. KERRICK: Do we have a second?
12 MR. KEENER: Second.
13 MR. KERRICK: Questions or comments
14 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: Anne?
21 MS. LAMBERTON: I vote in favor.
22 MR. KERRICK: Heidi?
23 MS. PICKARD: I vote in favor.
24 MR. KERRICK: I'll vote in favor.
25 Motion carried.
7
1 Next item on our agenda, solicitor's
2 report.
3 MR. ARMSTRONG: The one thing under
4 my report is, the Lost Trails conditional use
5 hearing. As you know, you had the conditional use
6 hearing in November 2009 and it was continued until
7 the December 14, 2009. The hearing closed on
8 December 14, you then subsequently deliberated
9 regarding the hearing. The applicant has provided
10 you with extensions of time to issue your written
11 decision. The most recent extension of time
12 expires on March -- or, I'm sorry, May 15, 2010.
13 What you have in front of you is a
14 proposed written decision based upon your
15 deliberations, your public deliberations, and
16 discussions at the public meeting. Those
17 conditions of approval are set forth on Pages 5
18 through 6 of the decision, and those conditions
19 include that the applicant shall remove any and all
20 parking from the area adjacent to and bordering
21 Route 380.
22 Applicant shall comply with any and
23 all state and county and federal requirements and
24 regulations. The applicant shall add gravel to the
25 parking area, as well as the driveway at the
8
1 property. The applicant shall comply with the
2 parking requirements of the Tobyhanna Township
3 Zoning Ordinance.
4 The applicant shall comply -- or
5 apply for and will need to receive any and all
6 permits required from the township with respect to
7 the portable toilets on the property. The
8 applicant shall not expand the existing operation.
9 The applicant shall only allow the operation of
10 ATVs on the property from 9 a.m. or sunrise,
11 whichever is later, until 5 p.m. or sundown,
12 whichever is earlier.
13 There shall be no camping at the
14 property. There shall be an acceptable buffer of
15 100 feet between the property's boundary line and
16 the operation of any ATV, trail or a facility at
17 Lost Trails. And the applicant shall install a
18 berm in size and form acceptable to the township
19 along boundary between the property and Route 380
20 and the berm shall include acceptable landscaping
21 to act as a buffer.
22 The ATVs may be operated in or
23 within the established buffers and or setbacks of
24 any environmentally sensitive areas. Another
25 condition is that the applicant shall comply with
9
1 any and all PennDOT regulations and shall not
2 operate the Lost Trails ATV recreational park at
3 the property until the requisite PennDOT approvals
4 are received and copies provided to the township.
5 The applicant shall ensure that the
6 noise created by the ATVs at the park is within the
7 regulations of the township. The applicant shall
8 comply or provide the township with acceptable
9 written documents establishing that the property
10 owner is agreeable to the applicant's continued
11 operation at the ATV park.
12 And the final condition, Condition
13 No. 15 on Page 6 is, that the applicant shall
14 comply with any and all requirements of
15 Pennsylvania DEP, Department of Environmental
16 Protection, and the Monroe County Conservation
17 District.
18 It was a conditional use. You held
19 a public hearing, as I said, back in November and
20 December of 2009. That's the proposed written
21 decision of approval with those 15 conditions
22 before you this morning. If the board would like
23 to discuss it further today, you may. And if you
24 wanted to consider additional conditions or
25 conditions of approval, you may. Or if you'd like
10
1 it as written, you can make a motion to approve it.
2 But, as I said, the current
3 extension of time for your written decision expires
4 on May 15, so you do have to take action today on
5 this.
6 MR. KEENER: I have a couple of
7 questions for the applicant, if I could.
8 MR. ARMSTRONG: I see that the
9 applicant, Mr. Novak, is here from Lost Trails, the
10 ATV park. If the board has any questions of the
11 applicant, the applicant is here to answer them.
12 MR. KEENER: Mr. Novak, I guess back
13 in November we had asked you to follow up with
14 PennDOT regarding the HOP. What is the status of
15 that?
16 MR. ANTHONY P. NOVAK: Just -- we
17 supplied everything -- we had a meeting on-site
18 then we supplied them with their blueprints and
19 everything. I just received a letter back, which
20 was forwarded to Pocono Manor, which in turn gave
21 it to me two days ago. They have some concerns
22 which we need to address.
23 We do need to contact Melissa
24 Mulford from Allentown because we don't think the
25 concerns are valid. We believe that everything we
11
1 designed was according to her desires, but it was
2 never forwarded to her, it was kept local. So
3 we're trying to contact her this week to see if
4 they'll send her a PDF of the whole plan, and I
5 believe it would be approved based on that.
6 MR. KEENER: Do you have any idea
7 how long that's going to take?
8 MR. ANTHONY P. NOVAK: I do not see
9 why it won't take a couple of weeks, but I've been
10 quite surprised at how long it's been taking just
11 to get our stuff back from them so --
12 MR. KEENER: The other question I
13 have, and we had put it in Condition No. 14, is,
14 regarding the owner's acceptance to have the Lost
15 Trails ATV park on the property. Is your lease
16 still valid and --
17 MR. ANTHONY P. NOVAK: Well, my
18 lease is still valid. Pat had given me a copy of
19 the article. I'm not quite sure what that means.
20 I notice there was no date, but our contract is
21 good until either 2012 or 2014. So I'm not sure
22 what that's all about.
23 MR. KEENER: Okay. That's all I
24 have.
25 MS. PICKARD: Mr. Novak, you said
12
1 that there were some concerns that Melissa had
2 raised that you did not believe were valid?
3 MR. ANTHONY P. NOVAK: No, no, no.
4 She -- she pretty much advised us on how to design
5 it and everything, which we believe we designed it
6 that way, but she was not the one to review the
7 plan. Tim Bucci locally reviewed it. When I had
8 called him following up on it, he said it wasn't
9 what we discussed on-site; however, Mr. Bucci was
10 not part of the total conversations that were going
11 on. People were walking kind of all over the
12 place.
13 What he was proposing, or he
14 thought, was pretty much textbook scenarios for the
15 local; however, we kind of don't fit the textbook
16 and that's why we had the meeting to begin with and
17 made some concessions. Those concessions were
18 advised by Melissa, which we incorporated into the
19 plan. Now he's reviewing it and he may not be
20 aware of the total conversations that took place.
21 So we feel if we get it to her, she
22 can review it and let us know if we are indeed in
23 compliance with what she recommended, and then I
24 don't see why it won't get approved as far as that
25 goes.
13
1 MS. PICKARD: Once there was
2 approval from PennDOT, how long did you anticipate
3 the improvements taken to be?
4 MR. ANTHONY P. NOVAK: We need to
5 get some estimates so we figure we'd start within
6 30 days and it should be done within 60 to 90 days
7 total. So if we -- can we extend this or no? Is
8 that also on the table? Can we have an extension
9 until we get this approved? Is there limitations?
10 MR. ARMSTRONG: Any extension that
11 the applicant is willing to offer is something that
12 the board would need to consider. I know this
13 decision has been, you know, waiting to be issued
14 for some time based upon the PennDOT issues. It's
15 up to the board whether or not they'd be willing to
16 grant another extension of time to issue this
17 written decision.
18 And just so the applicant's aware,
19 one of the conditions of the approval would be that
20 you apply for and receive all of your requisite
21 PennDOT permits and approvals prior to the
22 continued operation of the Lost Trails park.
23 MR. ANTHONY P. NOVAK: So I would be
24 amicable or agreeable to extending it.
25 MR. KEENER: What if we made it 90
14
1 to 100 or 120 days in the condition, that if he
2 doesn't have it at that time he'll cease and desist
3 operation.
4 MR. ARMSTRONG: That the applicant
5 receive any and all PennDOT approvals within
6 90 days?
7 MR. KEENER: He's currently
8 operating without a permit and I think we need to
9 put a deadline on the operation if those permits
10 aren't obtained and the improvements aren't
11 completed.
12 We've been working with you since,
13 you know, last year.
14 MR. ANTHONY P. NOVAK: Yes. I --
15 MR. KEENER: You know, this is -- I
16 guess I started back in November to try to get the
17 permits. At some point we need to make sure that
18 our liabilities and anybody else's liabilities are
19 covered.
20 ANTHONY P. NOVAK: Definitive.
21 Well, I would be agreeable to 120 days if that's
22 okay with the board.
23 MR. KEENER: I mean, can we
24 incorporate that into the adjudication?
25 MR. ARMSTRONG: 120 days?
15
1 MR. KEENER: Pending from the
2 approval of this --
3 MR. KERRICK: For the permit or
4 completion?
5 MR. KEENER: For completion. He's
6 saying 30 days to get the permit and 60 to 90 days
7 to complete the improvements.
8 MR. ARMSTRONG: So you're saying add
9 a new condition basically saying 120 days to
10 complete the improvements?
11 MR. KEENER: I'm saying, in
12 Condition No. 12 we say that they shall have the
13 permits and shall have the improvements completed
14 within 120 days of the date of this agreement.
15 MR. ARMSTRONG: Okay.
16 MR. KEENER: And that may help to
17 move PennDOT along as well.
18 MR. ARMSTRONG: And we'll just
19 clarify, I'm going to remove the language with
20 respect to operation. I don't think this board
21 wants to authorize any applicant to operate without
22 a permit. So it will just be that the applicant is
23 required to receive all permits and complete all
24 the improvements within 120 days of this
25 conditional use decision.
16
1 MR. KEENER: Yes.
2 MR. KERRICK: Jamie, were you going
3 to -- will you entertain a motion to approve this?
4 MR. KEENER: I make a motion that we
5 approve the order for the conditional use
6 application of The Lost Trails ATV park subject to
7 the revision of Item 12 to include a 120-day
8 deadline for completion of improvements and the
9 removal of language relative to the operation.
10 MR. KERRICK: Motion on the floor.
11 Do we have a second?
12 MS. PICKARD: I'll second the
13 motion.
14 MR. KERRICK: Motion and second.
15 Questions or comments from the
16 board?
17 Questions or comments from the
18 public? Any questions?
19 MR. ANTHONY P. NOVAK: So what's the
20 end date? What would the end date be?
21 MR. ARMSTRONG: It will be 120 days
22 from today's date.
23 MR. ANTHONY P. NOVAK: Today's date.
24 MR. KERRICK: Any other questions?
25 Call the vote.
17
1 Jamie?
2 MR. KEENER: I vote in favor.
3 MR. KERRICK: Anne?
4 MS. LAMBERTON: I vote in favor.
5 MR. KERRICK: Heidi?
6 MS. PICKARD: I vote in favor.
7 MR. KERRICK: I'll vote in favor.
8 Motion carried.
9 Next, Pat.
10 MR. ARMSTRONG: The next thing under
11 my report is the large gathering ordinance that the
12 board has been considering. This ordinance was
13 actually put together by the township zoning
14 officer, Phyllis Haase. It's under my report.
15 I've discussed this with Phyllis in the last week
16 or so.
17 I've made some additions or changes.
18 I believe Phyllis has made some additions pursuant
19 to the board's most recent discussions concerning
20 the ordinance. It has not been advertised, this is
21 not a public hearing. It's my understanding that
22 the board is still considering possible authorizing
23 this ordinance to be advertised for adoption.
24 Are there any questions from the
25 board at this time with respect to this ordinance?
18
1 Again, this is an ordinance to
2 regulate and require ordinance for large gatherings
3 for persons intending to be in excess of 250 within
4 the township. It provides for regulations and
5 requirements concerning public safety, requires
6 certain number of security at certain large
7 gatherings. It requires EMTs at certain large
8 gatherings. Parking requirements, sanitary sewer
9 requirements, bonding requirements where determined
10 necessary by the board. I don't know if Phyllis
11 has any --
12 MS. HAASE: We addressed the issue
13 that the board had concerning the large parcels of
14 land. Under 13E we did address that. We attempted
15 to put together a sliding scale; however, I was not
16 able to obtain anything as an example on the size
17 of the lot or the amount in attendance. So we put
18 something basically that spoke to the fact that if
19 it was in excess of 15 acres, that the applicant or
20 landowner would have the right to request a waiver
21 from the board of supervisors for certain
22 requirements of the ordinance.
23 MR. ARMSTRONG: Yeah. If you look
24 at Section E -- if you look at Section 5E, if the
25 size of the property wherein the large gathering is
19
1 proposed to be held is in excess of 15 acres, the
2 applicant may request the board of supervisors
3 consider a waiver of certain provisions of this
4 ordinance. The board of supervisors shall not be
5 required to grant any such waiver and may attach
6 reasonable conditions to any such waiver as deemed
7 necessary to ensure the safety, health, and welfare
8 of the public.
9 And Section D immediately above that
10 section, each large gathering shall be located on a
11 property of sufficient size to ensure the safety,
12 health, and welfare of the public. The township
13 shall have the sole discretion to determine whether
14 the property wherein the large gathering is
15 proposed to be held is of a sufficient size to
16 ensure the safety, health, and welfare of the
17 public.
18 MR. KERRICK: What's the board's
19 pleasure?
20 MS. LAMBERTON: I just have a
21 question, Phyllis, actually as far as sufficient
22 size for the smaller amount of people, can we base
23 that on so many parking spaces and actually
24 determine the specific size? Is that something we
25 might want to look at?
20
1 MS. HAASE: You could, but I mean I
2 think our intent more is if someone had a quarter
3 acre piece of property, that they're not going to
4 attempt to have a thousand people there. So I
5 think it's within reason.
6 MS. LAMBERTON: If they supply you
7 with adequate parking spaces for 250 to 500 people
8 we're going to be satisfied with that?
9 MS. HAASE: Correct. As long as
10 they have land coverage for if they have a stage or
11 whatever else they may propose. If there's enough
12 acreage, then certainly that's something that we
13 want to see happen.
14 MR. KEENER: I guess one of the
15 issues is -- and one of the applicants that we were
16 aware of, they're talking about shuttling people in
17 so the parking requirement may not even be an issue
18 for that particular piece of land. So that if they
19 have a space where they can park cars, which will
20 be part of their plan, the minimum lot size might
21 not necessarily apply as long as they have
22 sufficient parking covered on another property.
23 MS. HAASE: That is correct, unless
24 the board would like to stipulate it on the
25 property.
21
1 MS. LAMBERTON: My only question is,
2 just for the safety of people, to have the parking
3 on-site might be something we want required. And
4 then if you have a large enough tract of land, to
5 keep that a safety issue. I mean, you could
6 shuttle how many people into a spot that you'd say
7 is adequate for X amount of people. If they're not
8 parking there, there's no requirement. That's just
9 my thought.
10 MR. KERRICK: But would it be large
11 enough to accommodate that, the site, without
12 parking?
13 MS. LAMBERTON: It would limit the
14 people. You'd just keep having them coming in. If
15 you have the parking lot area like a school could
16 hold, that's a lot of people. Just a thought.
17 MS. PICKARD: I still think it has
18 to be sufficient size to accommodate the amount of
19 people whether or not they're parking there still.
20 I mean, sufficient size is not only limited to
21 parking.
22 MS. HAASE: No, it's not. It's
23 going to be depending upon if they are going to
24 have (inaudible). You still need to have the
25 guidelines in place for the Porta-Potties, for
22
1 security, for traffic controls, whether they're
2 shuttling or whether they're on-site. You still
3 need to have it in place for this.
4 MR. KERRICK: If we were to
5 advertise this, Pat, could we still make some small
6 changes?
7 MR. ARMSTRONG: If you advertise it
8 for a public hearing, it's not a zoning ordinance,
9 it's not a subdivision or land development
10 ordinance. You can make small changes; I would not
11 recommend making substantial changes. If you were
12 to -- is it the recommendation of the board at this
13 time to revise the parking section to require
14 on-site parking?
15 MR. KEENER: I think that's where
16 Annie is going to, and I guess I don't have a
17 problem with it. We can advertise it that way and
18 see how it goes.
19 MS. PICKARD: I think that's making
20 it a little bit more restricted, which I don't
21 think was the intent, because if there's parking
22 across the street in a field not shuttling down, in
23 one particular instance, if they're parking at
24 their neighbor's property, that that would preclude
25 them from getting a permit.
23
1 MS. LAMBERTON: Hmm.
2 MR. KEENER: Within a thousand feet?
3 I mean, a lot of times you see ordinances where
4 there's parking sharing within a thousand feet if
5 you have a commercial parcel. And, Pat, is that --
6 MR. ARMSTRONG: On-site or within
7 1,000 feet of the property's parking.
8 MR. KEENER: Have you seen that in
9 parking ordinances?
10 MR. ARMSTRONG: Yeah, yeah.
11 MR. KEENER: Is that a fair --
12 MR. ARMSTRONG: Yeah. Or you could
13 say within a distance acceptable -- a reasonable
14 distance acceptable to the township.
15 MR. KEENER: Then we have to make a
16 decision.
17 MR. ARMSTRONG: Right.
18 MR. KERRICK: For some reason we're
19 trying to catch every little thing in this
20 ordinance and you can't.
21 MS. LAMBERTON: Fair enough.
22 MR. KEENER: So do you want to see
23 on-site or is it shuttling?
24 MR. KERRICK: I don't know. I'm not
25 in favor of more government.
24
1 MR. KEENER: So without shuttling?
2 MR. ARMSTRONG: I think he may have
3 a --
4 MR. ANTHONY P. NOVAK: Did that say
5 15 acres, the ordinance? Is that contiguous acres
6 or can that be broken up?
7 MR. ARMSTRONG: That would be
8 contiguous.
9 MS. PICKARD: That would be to
10 request a waiver. My concern is that we've had
11 some requests for gathering that do not have
12 sufficient parking and do not have sufficient
13 facilities to accommodate --
14 MR. ANTHONY P. NOVAK: Does the
15 parking have to be part of the 15 acres or can that
16 be somewhere else? That's why I was asking if that
17 was contiguous.
18 MR. ARMSTRONG: No, my understanding
19 of the 15-acre section is with properties in excess
20 of 15 acres which may require waivers of this
21 ordinance, because it's my understanding that the
22 board feels that 15 acres is sufficient size to
23 accommodate it.
24 So if the board does want to
25 authorize this for advertisement, you need to make
25
1 a motion, as well as clarify if it's going to be
2 on-site or within 1,000 feet or just parking as
3 written.
4 MR. KERRICK: Look at D on the page
5 we are on.
6 MS. LAMBERTON: Yeah, that's where
7 I'm reading.
8 MR. KERRICK: If you read D, it's
9 still -- it boils down it's up to the township
10 anyway.
11 MS. PICKARD: That's what I'm
12 saying, that gives us the flexibility.
13 MR. KERRICK: That's kind of the
14 catch-all there. Just a suggestion.
15 MS. LAMBERTON: Mm-hmm.
16 MS. PICKARD: I make a motion that
17 we authorize advertising of the large gathering
18 ordinance as written.
19 MR. KERRICK: Motion on the floor.
20 Do we have a second?
21 MR. KEENER: Second.
22 MR. KERRICK: Motion and second.
23 Questions or comments from the board
24 on the motion?
25 Questions or comments from the
26
1 public on the motion?
2 Call the vote.
3 Jamie?
4 MR. KEENER: I vote in favor.
5 MR. KERRICK: Anne?
6 MS. LAMBERTON: I vote in favor.
7 MR. KERRICK: Heidi?
8 MS. PICKARD: I vote in favor.
9 MR. KERRICK: I'll vote in favor.
10 Motion carried.
11 Do you have anything else?
12 MR. ARMSTRONG: That's the end of my
13 report. Thank you.
14 MR. KERRICK: Thank you.
15 Next item on our agenda, new
16 business. First item, appoint planning commission
17 member. I'm not sure of the term. Do you know
18 when the term expires?
19 MS. PICKARD: The term is for
20 May 2010 to May 2014. I'll make a motion that we
21 reappoint Anne Lamberton to the Tobyhanna Township
22 Planning Commission.
23 MR. KEENER: Second.
24 MR. KERRICK: Motion and second on
25 the floor.
27
1 Call the vote -- I mean, excuse me,
2 comments from the board? You went too fast.
3 MR. KEENER: No comment.
4 MR. KERRICK: No comments.
5 Questions or comments from the
6 public?
7 Call the vote.
8 Jamie?
9 MR. KEENER: I vote in favor.
10 MR. KERRICK: Anne?
11 MS. LAMBERTON: I'll abstain.
12 MR. KERRICK: Why?
13 MS. LAMBERTON: I think I should.
14 MR. KERRICK: Heidi?
15 MS. PICKARD: I vote in favor.
16 MR. KERRICK: I'll vote in favor.
17 Motion carried.
18 We appreciate your service.
19 MS. PICKARD: Yes, we do.
20 MR. KERRICK: Next item, Blakeslee
21 Natural Area stone building update.
22 MS. PICKARD: We have received the
23 bid specs from Hanover Engineering to advertise for
24 the bids for -- to award for the stone building
25 pavilion replacement of the Blakeslee Natural Area.
28
1 And I have e-mails from Tunkhannock Township, who
2 is the lead in this joint application, that they're
3 requesting to have joint meetings to award bids,
4 and I just needed to get some feedback from the
5 board. And I don't know if Bob had anything to add
6 on the status of the bid spec.
7 MR. McHALE: Nothing.
8 MS. PICKARD: Maureen seemed
9 concerned that they didn't want to go forward
10 without joint meetings from Tunkhannock and
11 Tobyhanna.
12 MR. KERRICK: Do you have a date in
13 mind?
14 MS. PICKARD: We have the option of
15 using some of our dates or using Tunkhannock's
16 meeting dates. I think at this point in time I
17 won't have bids coming back probably until the
18 middle to late June. We have our regular meeting
19 June 14 and July 12.
20 MR. KERRICK: Well, if Tunk is late,
21 why wouldn't we follow their meeting schedule? If
22 we want to attend, we can attend.
23 MS. PICKARD: The meetings would be
24 June 9 and July 14, which would be a Wednesday
25 evening, July 14. So everybody would be available
29
1 to attend that meeting?
2 MR. KEENER: I'll be out of town.
3 MS. PICKARD: We need a date for the
4 meeting. Do we want to throw some dates around or
5 do we want to wait until --
6 MR. KEENER: I can't make July 14.
7 MS. PICKARD: Would you have any
8 thoughts, John?
9 MR. KERRICK: Whatever they --
10 whatever everybody decides is fine with me.
11 MS. PICKARD: We'll just ask Tunk to
12 go ahead and see if we --
13 MR. KERRICK: Do you have anything
14 else, Heidi?
15 MS. PICKARD: No, that was it.
16 MR. KERRICK: Next item on our
17 agenda, Resolution 2010-013, Lake Naomi Pedestrian
18 Path Project.
19 MR. ARMSTRONG: Yeah. Members of
20 the board, this is a resolution authorizing the
21 chairman to execute the supplemental federal and
22 aid reimbursement agreement related to the Lake
23 Naomi Pedestrian Path. As you're aware, there's
24 currently an agreement with Pennsylvania Department
25 of Transportation concerning that proposed
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1 pedestrian path that's dated 2003.
2 This agreement will be a supplement
3 to that, increasing the amount of funds for the
4 grant to help finance the project. It increases
5 the amount to $308,000 under the Pennsylvania
6 Department of Transportation's Transportation
7 Enhancement Act for assistance on that project.
8 PennDOT requires it to be executed
9 pursuant to a resolution authorizing the chairman
10 to do so. And that is what Resolution 2010-13
11 does, it authorizes the chairman, John Kerrick, to
12 execute this supplemental federal aid reimbursement
13 agreement.
14 MR. KEENER: I'll make a motion we
15 approve Resolution 2010-013.
16 MR. KERRICK: Motion on the floor.
17 Do we have a second?
18 MS. PICKARD: I'll second the
19 motion.
20 MR. KERRICK: Questions or comments
21 from the board?
22 Questions from the public?
23 Call the vote.
24 Jamie?
25 MR. KEENER: I vote in favor.
31
1 MR. KERRICK: Anne?
2 MS. LAMBERTON: I vote in favor.
3 MR. KERRICK: Heidi?
4 MS. PICKARD: I vote in favor.
5 MR. KERRICK: I'll vote in favor.
6 Motion carried.
7 MR. ARMSTRONG: The next thing is
8 the actual transportation enhancement program
9 supplemental federal aid reimbursement agreement,
10 and this is the agreement that that resolution just
11 authorized the chairman to execute. Other than the
12 total amount being granted there are a few other
13 changes. One of them is referring to an act that
14 would require an audit to be prepared with respect
15 to the funds used for this project if in excess of
16 $300,000. It looks like the amount to be spent is
17 going to be in excess of. There will likely be an
18 audit required from the township for this project.
19 I believe the township engineer had
20 some comments. I think they've been addressed by
21 PennDOT, correct, Bob?
22 MR. McHALE: Yes, that is correct.
23 MR. ARMSTRONG: The board would need
24 to make another motion approving the execution of
25 this agreement.
32
1 MS. PICKARD: Okay. That's not our
2 electronic --
3 MR. KERRICK: No, no, no. That's
4 different.
5 MS. PICKARD: So moved.
6 MR. KEENER: Second.
7 MR. KERRICK: Motion and second on
8 the floor.
9 Any questions or comments from the
10 board?
11 Questions or comments from the
12 public on the motion?
13 Call the vote.
14 Jamie?
15 MR. KEENER: I vote in favor.
16 MR. KERRICK: Anne?
17 MS. LAMBERTON: I vote in favor.
18 MR. KERRICK: Heidi?
19 MS. PICKARD: I vote in favor.
20 MR. KERRICK: I'll vote in favor.
21 Motion carried.
22 MR. ARMSTRONG: And just one more
23 thing on Lake Naomi, I just wanted to announce that
24 the board previously in the last week or so
25 executed some of the contracts that came in based
33
1 upon the April board of supervisors motion
2 approving the chairman to do so.
3 Those agreements include the
4 supplemental grant application agreement with Lake
5 Naomi, the contract with Harry DePue, Incorporated,
6 the contractor performing the work, as well as the
7 inspection company contract with Keystone
8 Engineering to provide the inspection services for
9 the contract. All of those contracts have been
10 executed by the township and are now a valid
11 contract.
12 Additionally, the township sent out
13 the notice to proceed to the contracting company to
14 start that project all based upon the April motion
15 of the board.
16 MR. KERRICK: Thank you.
17 Next item on our agenda, PennDOT
18 Engineering and Construction Management Division
19 Electronic Access Agreement, Resolution 2010-014.
20 MS. PICKARD: I make a motion we
21 approve Resolution 2010-014.
22 MR. KEENER: Second.
23 MR. KERRICK: Motion and second on
24 the floor.
25 Any questions or comments from the
34
1 board?
2 Questions or comments from the
3 public?
4 Call the vote.
5 Jamie?
6 MR. KEENER: I vote in favor.
7 MR. KERRICK: Anne?
8 MS. LAMBERTON: I vote in favor.
9 MR. KERRICK: Heidi?
10 MS. PICKARD: I vote in favor.
11 MR. KERRICK: I'll vote in favor.
12 Motion carried.
13 Next item on our agenda, community
14 day.
15 MS. PICKARD: We tentatively had
16 community day scheduled for July 10. Currently we
17 have Long Time Coming providing musical
18 entertainment. We did hear from the fire company.
19 We had a proposal for fireworks for $3,000 and the
20 fire company has offered to pay for half of the
21 fireworks and needed to get some concurrence
22 whether or not we were going to move forward with
23 fireworks and authorize spending, or whether
24 anybody had any other suggestions to get money for
25 the fireworks or to move forward with that.
35
1 MR. KERRICK: I thought we were
2 moving forward without them.
3 MS. PICKARD: Well, I just got last
4 week that the fire company had approved paying for
5 half of it which is $1,500.
6 MR. KERRICK: We have no money in
7 our budget and I think the money could be spent
8 better elsewhere than fireworks. That's only my
9 opinion. I don't know how the rest of the board
10 feels.
11 MS. LAMBERTON: I agree.
12 MR. KEENER: I agree.
13 MS. PICKARD: Okay. That's all I
14 have.
15 MR. KERRICK: Does anyone from the
16 board have anything else?
17 Pat, do you have anything else?
18 Staff?
19 Anyone?
20 (No response.)
21 MR. KERRICK: We're at the part of
22 our meeting where we are ready to adjourn, so if
23 you have any questions, feel free.
24 Do you want to adjourn the meeting
25 and we'll let them ask questions?
36
1 Anyone? Public comment?
2 We'll adjourn the meeting.
3 (Meeting concluded at 10:20 a.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.
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15 ______________________
16 EVILYS E. BRATHWAITE
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