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, December 14, 2009, beginning at 7:02 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
ANNE LAMBERTON, Board Member
JAMIE B. KEENER, Board Member
PATRICK M. ARMSTRONG, ESQUIRE, Solicitor
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__________________________________________________________
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 the regular business
3 meeting of the board of supervisors, Tobyhanna Township.
4 Call the meeting to order with a
5 pledge of allegiance, please.
6 (Pledge of Allegiance was recited.)
7 MR. KERRICK: First item of business
8 is announcements.
9 Heidi?
10 MS. PICKARD: We have our budget
11 adoption meeting December 21 at 3:30 p.m.
12 MR. KERRICK: Is that it?
13 Next item, consider the minutes of
14 October 12, 2009, regular business meeting; November 11,
15 2009 Lost Trails conditional use hearing; November 25,
16 2009, special meeting, 2010 budget; November 30, 2009, LST
17 ordinance hearing slash meeting.
18 MS. PICKARD: We do have those
19 minutes. We don't have -- we just don't have our regular
20 business meeting on November 9 yet, but I'll make a motion
21 that we approve the October 12, 2009 regular business
22 meeting; the November 11, 2009 Lost Trails conditional use
23 hearing; November 25, special meeting, 2010 budget;
24 November 30, 2009 LST ordinance hearing/meeting with
25 corrections to the October 12, 2009 minutes of Page 18 and
3
1 19. On Page 18, Line 22 it's Legg Mason, L-E-G-G, instead
2 of Lake Mason; and on Page 19, Line 8, Line 14, Line 16
3 and Line 22 should all be assets smoothing,
4 S-M-O-O-T-H-I-N-G, rather than assets moving.
5 That's my motion.
6 MS. LAMBERTON: Second.
7 MR. KERRICK: Motion and second.
8 Questions or comments from the board?
9 Questions or comments from the public
10 on the motion?
11 Call the vote. Jamie?
12 MR. KEENER: I vote in favor.
13 MR. KERRICK: Anne?
14 MS. LAMBERTON: I vote in favor.
15 MR. KERRICK: Heidi?
16 MS. PICKARD: I vote in favor.
17 MR. KERRICK: I'll vote in favor.
18 Motion carried.
19 Next item on our agenda, consider the
20 treasurer's report dated December 14, 2009. Total amount
21 for board approval, $177,590.46.
22 MS. PICKARD: I make a motion we
23 approve the December 14, 2009 bill pack in the amount of
24 $177,590.46.
25 MR. KEENER: Second.
4
1 MR. KERRICK: Motion and second.
2 Questions or comments from the board
3 on the motion?
4 Questions or comments from the public
5 on the motion?
6 Call the vote. Jamie?
7 MR. KEENER: I vote in favor.
8 MR. KERRICK: Anne?
9 MS. LAMBERTON: I vote in favor.
10 MR. KERRICK: Heidi?
11 MS. PICKARD: I vote in favor.
12 MR. KERRICK: I'll vote in favor.
13 Motion carried.
14 Next item, solicitor's report.
15 MR. ARMSTRONG: The first thing under
16 my report is the continued hearing of the conditional use
17 application of Lost Trails. The first hearing was held on
18 November 11, 2009 and at that time it was continued after
19 testimony and the entry of certain exhibits into the
20 record until this evening at 7 o'clock on December
21 14, 2009.
22 So at this point, I'll open up the
23 public hearing for the conditional use application of Lost
24 Trails, LLC, represented by Anthony Novak.
25 Mr. Novak, are you here this evening?
5
1 MR. ANTHONY NOVAK: Yeah, I'm here.
2 MR. ARMSTRONG: You can come -- you
3 can come up.
4 Please identify yourself for the
5 record.
6 MR. ANTHONY NOVAK: My name's Anthony
7 Novak.
8 MR. ARMSTRONG: And you were
9 previously sworn in by the court stenographer. I just
10 want to remind you that you're still under oath this
11 evening.
12 MR. ANTHONY NOVAK: Yes. I
13 understand.
14 MR. ARMSTRONG: At the last hearing on
15 November 11, 2009 this board had requested additional
16 documents with respect to your application and you had
17 agreed to provide those. I believe you recently submitted
18 them to the township. If you'd like to identify them and
19 provide some information about them at this time it would
20 be appropriate.
21 MR. ANTHONY NOVAK: Okay. I
22 submitted -- I believe it was on Friday I dropped them off
23 at the township. You wanted a full copy of the license
24 agreement with Pocono Manor, which I submitted.
25 MR. ARMSTRONG: And would you like
6
1 to -- would you like to mark that as A-5?
2 MR. ANTHONY NOVAK: That's fine with
3 me.
4 (License Agreement was marked for
5 identification by Mr. Armstrong as Applicant's Exhibit No.
6 5.)
7 MR. ARMSTRONG: Okay. Go ahead.
8 Sorry.
9 MR. ANTHONY NOVAK: And also what was
10 requested was a copy of what we had submitted to PennDOT
11 which -- which had some charts for the HOP, which I
12 submitted that.
13 MR. ARMSTRONG: And is that a
14 correspondence from the Pennsylvania Department of
15 Transportation dated November 10, 2009?
16 MR. ANTHONY NOVAK: I believe so.
17 MR. ARMSTRONG: Would you like to mark
18 that as A-6?
19 MR. ANTHONY NOVAK: Yes.
20 (Correspondence dated November 10,
21 2009 was marked for identification by Mr. Armstrong as
22 Applicant's Exhibit No. 6.)
23 MR. ARMSTRONG: Is there anything else
24 that you --
25 MR. ANTHONY NOVAK: Not -- only if
7
1 there's any other questions from the board.
2 MR. ARMSTRONG: I also have -- it
3 looks like you submitted -- maybe it was in relation to
4 the -- to your correspondence to PennDOT, but a packet of
5 documents titled Release and Waiver of Liability
6 Assumption of Risk Indemnity Agreement.
7 MR. ANTHONY NOVAK: Correct. That was
8 all part of the packet submitted to PennDOT.
9 MR. ARMSTRONG: Okay. When you say
10 packet submitted to PennDOT, you mean -- I'm also looking
11 at a letter dated September 29, 2009. I want to make --
12 if we're going to mark these for the record, I want to
13 make sure they're right.
14 MR. ANTHONY NOVAK: Yes.
15 MR. ARMSTRONG: And it was --
16 MR. ANTHONY NOVAK: It was a
17 resubmission for an application of a minimum use driveway
18 permit.
19 MR. ARMSTRONG: Okay. And attached to
20 the September 29, 2009 letter were these documents?
21 MR. ANTHONY NOVAK: That is correct.
22 MR. ARMSTRONG: Okay. And would you
23 like to mark that as A-7, Mr. Novak?
24 MR. ANTHONY NOVAK: If you don't want
25 keep it all as A-6, that's fine.
8
1 MR. ARMSTRONG: Okay. You want to
2 keep it all --
3 MR. ANTHONY NOVAK: Yeah, that's
4 one -- one packet should all be together.
5 MR. ARMSTRONG: Okay.
6 Do you have any other testimony for
7 the board, Mr. Novak, this evening?
8 MR. ANTHONY NOVAK: No, I don't.
9 MR. ARMSTRONG: Does the board have
10 any questions for the witness?
11 MR. KEENER: Yeah. I guess the
12 PennDOT was the November 11 letter requested a --
13 MR. ARMSTRONG: November 10.
14 MR. KEENER: November 10. Requested a
15 low volume driveway application be submitted?
16 MR. ANTHONY NOVAK: That's correct. I
17 didn't get that -- what it was, was a denial of the
18 minimum use and now we have to go for low volume; so our
19 intentions are to go apply for the low volume.
20 MR. KEENER: But you haven't started
21 that process?
22 MR. ANTHONY NOVAK: No. I did not
23 know -- that was returned to the landowner and to my
24 engineer. I did not get a copy of that from the landowner
25 until like December 1 and my engineer was, unfortunately,
9
1 again, was out of town hunting.
2 MR. KEENER: Okay.
3 MR. ANTHONY NOVAK: That would be
4 George Fetch of Fetchco. We also work with Kevin -- whose
5 last name is -- I don't have his last name, but the
6 engineer from Tunkhannock Township has worked with us on
7 our E&S plan and a wetlands crossing and we're also
8 looking to him to help us out with the low volume.
9 MR. KEENER: Okay.
10 MR. ANTHONY NOVAK: I understand
11 there's a little bit more involved than that, than minimum
12 use.
13 MR. ARMSTRONG: Are there any other
14 questions from the board at this time?
15 MR. KEENER: Have you reviewed the --
16 the agreement?
17 MR. ARMSTRONG: The license agreement?
18 MR. KEENER: Yes.
19 MR. ARMSTRONG: Yes. There are some
20 restrictions with respect to the applicant's ability to --
21 its use of the land, but it is -- the applicant is
22 permitted to use the land for recreational purposes and
23 use of ATVs on the property. There are restrictions,
24 however, with respect to constructing any improvements on
25 the property. And it is for a term.
10
1 I believe it expires in 2017?
2 MR. ANTHONY NOVAK: Correct.
3 MR. ARMSTRONG: Is there any other
4 testimony that the applicant would like to submit at this
5 time?
6 MR. ANTHONY NOVAK: I don't have any
7 additional information.
8 MR. ARMSTRONG: Okay. Is there
9 anyone -- anyone from the public with respect to this plan
10 that would like to testify or provide any type of public
11 comment? All right.
12 Well, at this time, and seeing no
13 additional testimony, seeing no additional documents, does
14 the board want to see any additional documents submitted
15 by the applicant?
16 MR. KEENER: I would still like to see
17 the highway occupancy permit approval as part of the
18 conditional use.
19 MR. ANTHONY NOVAK: Could that be made
20 a condition for the conditional use?
21 MR. KEENER: Yeah.
22 MR. ANTHONY NOVAK: Is that --
23 MS. PICKARD: What about the
24 application itself? Do --
25 MR. KEENER: Well, yeah. The
11
1 application -- I think we have a little bit of time here
2 and we're -- once we close the hearing we have 45 days to
3 make a -- render a decision. My concern is, you aren't
4 going to have a -- an approval, an HOP, within 45 days --
5 MR. ANTHONY NOVAK: Yeah. My
6 understanding that's -- it's pretty intense for a low
7 volume.
8 MR. KEENER: Yeah. It's --
9 MR. ANTHONY NOVAK: Engineers involved
10 and other items are involved, even to put the application
11 together.
12 MR. KEENER: Right.
13 MR. ARMSTRONG: Here's what we can do.
14 It seems like there's no additional testimony with the
15 exception of some of the document exhibits to be submitted
16 when and if the applicant gets that from PennDOT.
17 If the board wanted to entertain
18 closing the hearing this evening, however, given the fact
19 that there is going to be this outstanding need and
20 condition for the applicant to get PennDOT approval and
21 permits, it could -- arguably it could be a conditional
22 approval, but if the board is not comfortable with that
23 type of a condition, and given the constraints of the
24 board with respect to closing the hearing and your 45 days
25 with respect to a written decision on the matter, the
12
1 applicant -- if the applicant were to agree to a certain
2 extension of time for a written decision based upon the
3 need for the PennDOT approval, that's another possibility
4 that the board may want to consider.
5 Mr. Novak, just so you're aware, when
6 a conditional use -- when the closing's -- when the
7 hearing's closed, the board typically may deliberate in
8 public, provide an oral decision, which would be followed
9 by a more specific written decision or they would not
10 deliberate in public tonight and maybe deliberate next
11 week -- or next month and issue a written decision shortly
12 thereafter. They have 45 days from the close of the
13 hearing.
14 I guess the decision the board needs
15 to make is whether or not they're comfortable with making
16 a conditional -- I mean, there's going to most likely be
17 conditions on your approval. I think we talked about
18 that --
19 MR. ANTHONY NOVAK: Yeah. It was
20 discussed that --
21 MR. ARMSTRONG: -- at last month's
22 public hearing, but I think the one condition that maybe
23 one or two of the supervisors may have is with respect to
24 the approvals, I mean, from PennDOT that you don't have
25 yet. So that being said --
13
1 MR. KEENER: And my concern is, we
2 give a conditional approval of the conditional use and
3 that condition be a PennDOT highway occupancy permit
4 approval, if we don't put a time limit on that, you
5 know -- I mean, how long is it going to take?
6 MR. ANTHONY NOVAK: Well, I suppose
7 you could put a -- you know, a time limit on it,
8 providing, I'd say -- I guess I provide proof of my due
9 diligence in -- in getting it, if there's any extenuating
10 circumstances as we apply. I'm only offering suggestions.
11 MR. ARMSTRONG: And just so you're
12 aware, this board is not going to approve your operation
13 without that PennDOT approval. The condition will be
14 conditional upon you getting that approval from PennDOT,
15 you know, prior to the use that you're applying for.
16 MR. KERRICK: Could we ask for an
17 extension, Mr. Novak, for an extension now of the 45 days?
18 MR. ARMSTRONG: Yeah, yeah.
19 MR. ANTHONY NOVAK: That would
20 probably help both of us, I would think, so --
21 MR. KEENER: Can we close the hearing
22 and get a -- request a 90 day extension?
23 MR. ARMSTRONG: You'd get the 90 day
24 extension on record when they close the hearing.
25 MR. KEENER: Would you agree to --
14
1 MR. ANTHONY NOVAK: That would help
2 both of us, I think, yeah.
3 MR. ARMSTRONG: I'm sorry, not 90
4 days, 45. We would need an extension of the 45 day
5 requirement for a written decision on record.
6 MR. KEENER: Right. So if we request
7 another 45 days to a total of 90 days for us to make -- to
8 render a decision on the conditional use application, in
9 the meantime, hopefully you can have some issues resolved
10 with PennDOT and we can make -- render our decision at
11 that point.
12 MR. ARMSTRONG: So, Mr. Novak, it's
13 been proposed to you for a 90 day time extension for the
14 written decision from this board on your conditional use
15 application.
16 MR. KEENER: Just to clarify, a 45 day
17 extension --
18 MR. ARMSTRONG: For a total of 90 days
19 from tonight.
20 MR. KEENER: That's correct.
21 MR. ANTHONY NOVAK: Ninety days from
22 tonight?
23 MR. KEENER: Yes.
24 MS. PICKARD: What would happen if we
25 didn't have that documentation at that time?
15
1 MR. ARMSTRONG: Uh --
2 MR. KEENER: We could still render a
3 decision. It would be a condition and maybe we limit the
4 number of months that he needs to comply; otherwise --
5 MR. ARMSTRONG: Right.
6 MR. KEENER: -- the use would be
7 unapproved, correct?
8 MR. ARMSTRONG: Right.
9 MR. KEENER: So at that point, again,
10 hopefully within 90 days we have a little better
11 understanding of when -- if and when you would get the HOP
12 and then we would provide the time frame there.
13 MR. ANTHONY NOVAK: We're looking for
14 the application at that point?
15 MR. KEENER: No, we're looking for an
16 HOP approval, approved permit.
17 MR. ANTHONY NOVAK: Oh, an approved
18 permit. Right. That's -- I think I understand what that
19 means.
20 MR. ARMSTRONG: January, February --
21 could we say March 15? I always like to have a date
22 certain.
23 MR. KEENER: Yeah.
24 MR. ARMSTRONG: Would you be
25 agreeable, Mr. Novak, to the extension of time for this
16
1 board to render a written decision on your conditional use
2 application until March 15, 2010?
3 MR. ANTHONY NOVAK: And that's the
4 night of our meeting, right?
5 MR. KEENER: No. It is right after
6 the meeting, but we would do it after the meeting.
7 MR. ARMSTRONG: Is it right after the
8 meeting?
9 MR. ANTHONY NOVAK: I would come to
10 the meeting with the documents?
11 MR. ARMSTRONG: Actually it would be
12 preferable if you could submit the doc -- when we close
13 this hearing --
14 MR. ANTHONY NOVAK: Okay.
15 MR. ARMSTRONG: -- we'll allow only
16 the entry of these PennDOT documents as additional
17 exhibits. No more testimony, just these specific
18 documents you may submit into the record.
19 MR. KEENER: Why isn't it the 8th?
20 The 8th is the second Monday.
21 MS. PICKARD: No, you're right.
22 MR. KEENER: March 8 is our --
23 MR. ARMSTRONG: So the 15th would
24 give -- would work out perfect. It would give you an
25 additional week --
17
1 MS. PICKARD: The week after --
2 MR. ARMSTRONG: -- to finish the --
3 MR. KERRICK: We may shorten those up
4 at the beginning of the year too --
5 MR. ANTHONY NOVAK: How do I submit
6 these?
7 MR. KERRICK: The 15th is still --
8 MR. ANTHONY NOVAK: If it's not a
9 meeting -- March 15's not a meeting.
10 MR. ARMSTRONG: No.
11 MR. KEENER: It's the week after the
12 meeting. As soon as you get the --
13 MR. ANTHONY NOVAK: As soon as I
14 get --
15 MR. ARMSTRONG: Submit it to the
16 township in writing.
17 MR. ANTHONY NOVAK: Okay.
18 So I could drop them off right at the
19 front desks.
20 MR. ARMSTRONG: So you are agreeable
21 to the extension until March 15 of 2010.
22 MR. ANTHONY NOVAK: That's correct.
23 I'm agreeable to March 15, 90 day extension.
24 MR. ARMSTRONG: You're also going to
25 submit the PennDOT documents when and if you receive them
18
1 to the township --
2 MR. ANTHONY NOVAK: Correct.
3 MR. ARMSTRONG: -- for purposes of
4 being entered into this record.
5 MR. ANTHONY NOVAK: That's correct.
6 MR. ARMSTRONG: At this time --
7 MS. PICKARD: We can't have them
8 dropped off like 5:00 or 4:30 on the 15th.
9 MR. ARMSTRONG: No. As soon as you
10 get them.
11 MR. ANTHONY NOVAK: No. Yeah, I think
12 I understand what you're saying, yeah. If I get them on
13 March 10, I can drop them off.
14 MR. KEENER: Yeah.
15 MR. ARMSTRONG: So are there any other
16 comments from the board at this time?
17 Any other comments from the public or
18 the applicant?
19 So at this point I would close the
20 hearing with this --
21 MR. KERRICK: Need a motion?
22 MR. ARMSTRONG: With -- yeah, a motion
23 for the board would be to close the hearing for purposes
24 of testimony but to leave it open only for the submission
25 and entry of the PennDOT documents and approvals pursuant
19
1 to the discussion --
2 MR. KEENER: So moved.
3 MR. ANTHONY NOVAK: Now, if something
4 happens in my or PennDOT's ability in our response back
5 and forth, how would I handle something like that if there
6 was going to be a delay?
7 MR. ARMSTRONG: Keep me apprised. You
8 can send it to me or let me know.
9 MR. ANTHONY NOVAK: Correspondence
10 with you, like --
11 MR. ARMSTRONG: Right.
12 MR. ANTHONY NOVAK: Okay. Because it
13 took a while for us to get that denial from the --
14 MR. ARMSTRONG: Send it to Heidi?
15 MR. KEENER: Send it to Heidi. Yeah,
16 get it to the office, to Heidi's attention --
17 MS. PICKARD: There should be a copy
18 on that from PennDOT anyway.
19 MR. KEENER: We should.
20 MS. PICKARD: I'll second Jamie's
21 motion.
22 MR. ARMSTRONG: Motion and second.
23 MR. ARMSTRONG: All those in favor?
24 THE BOARD: Aye.
25 MR. ANTHONY NOVAK: Thank you.
20
1 MR. ARMSTRONG: Thank you, Mr. Novak.
2 The next thing under my report is the
3 UCC Joint Board of Appeals Ordinance, Ordinance No. 483.
4 You are aware there have been discussions and -- with
5 Paradise and Tunkhannock Township with respect to creating
6 a Joint UCC Board of Appeals between the three
7 municipalities. The municipalities -- I've been in
8 contact with the solicitor's from the municipalities.
9 We've come up with an agreement that's agreeable to all
10 parties.
11 In order for the townships to enter
12 into an intergovernmental agreement, you need an ordinance
13 authorizing same, so this is an ordinance authorizing you
14 to enter into the intergovernmental agreement between
15 Tobyhanna Township, Tunkhannock Township and Paradise
16 Township for the formation in regulations governing the
17 Joint UCC Board of Appeals between the municipalities.
18 It was advertised in the Pocono Record
19 and it's advertised for a public hearing this evening.
20 And at this time it would be appropriate to open the
21 meeting up, open the public hearing up to the public, as
22 well as the board for any particular comments that anyone
23 has.
24 So with that I'll open the public
25 hearing up to the board, if the board has any comments or
21
1 questions.
2 Any comments or questions from the
3 board?
4 MR. KERRICK: I've got none.
5 MR. KEENER: This intergovernmental
6 cooperation agreement, when do you anticipate that that
7 will be executed?
8 MR. ARMSTRONG: There's been
9 discussions. I think Paradise may have already adopted
10 the ordinance.
11 MR. KEENER: Okay.
12 MR. ARMSTRONG: I'm not sure if they
13 signed it yet or not.
14 MR. JEFFREY EVANS: They have a
15 hearing tomorrow night.
16 MR. ARMSTRONG: Oh, they do? Maybe
17 Tunkhannock is the one --
18 MS. PICKARD: Tunkhannock has one on
19 the 9th.
20 MR. ARMSTRONG: Okay. So they --
21 Tunkhannock's probably already signed the agreement. I
22 haven't seen it yet. We can sign it in counterparts, but
23 I think it's probably always cleaner to try and get
24 everyone's signature on the same document.
25 MR. KEENER: Dennis -- noting that, I
22
1 guess Dennis Keesler's no longer going to be Paradise
2 Township chair January 1 --
3 MR. ARMSTRONG: They need -- it's
4 going to be -- they should be executing it before 2010
5 because it takes effect January 1.
6 MR. KEENER: Okay.
7 MR. ARMSTRONG: And just -- just some
8 brief overview, you will be required to appoint two
9 members of your municipality to the Joint UCC Board of
10 Appeals to sit on that board.
11 Any comments from the public at this
12 time?
13 With that, I think we can close the
14 hearing.
15 MR. KEENER: I make a motion we close
16 the hearing.
17 MS. PICKARD: Second.
18 MR. ARMSTRONG: Motion --
19 MR. KERRICK: You want to do it?
20 MR. ARMSTRONG: Is there a motion from
21 the board to adopt the ordinance?
22 MR. KEENER: I make a motion we adopt
23 the UCC Joint Board of Appeals Ordinance No. 483 as
24 written.
25 MS. PICKARD: Second the motion.
23
1 MR. ARMSTRONG: You --
2 MR. KERRICK: Motion and second.
3 Questions or comments from the board?
4 Questions or comments from the public
5 on the motion? Call the vote. 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: Motion carried.
12 Pat?
13 MS. PICKARD: This is the agreement?
14 MR. ARMSTRONG: Yes. You also need a
15 motion to approve the actual agreement. Now that you've
16 authorized the board to enter into the agreement, you need
17 to authorize the approval of the actual agreement.
18 MR. KEENER: I make a motion we
19 approve the intergovernmental cooperation agreement
20 between Tobyhanna Township, Paradise Township, Tunkhannock
21 Township regarding UCC Board of Appeals and authorize our
22 chairman to sign on our behalf.
23 MS. PICKARD: I second the motion.
24 MR. KERRICK: Motion and second.
25 Questions or comments from the board?
24
1 Questions or comments from the public?
2 Call the vote. Jamie?
3 MR. KEENER: I vote in favor.
4 MR. KERRICK: Anne?
5 MS. LAMBERTON: I vote in favor.
6 MR. KERRICK: Heidi?
7 MS. PICKARD: I vote in favor.
8 MR. KERRICK: I'll vote in favor.
9 Motion carried.
10 MR. ARMSTRONG: The next thing under
11 my report is amending the fire code ordinance. Kind of
12 along the same lines as the UCC Joint Board of Appeals,
13 when this township adopted the UCC it also adopted all of
14 the appendices from the IFC, and Appendix A requires a
15 specific type of board of appeals for the IFC, even though
16 the UCC Board of Appeals covers the IFC.
17 So in order to keep things clear and
18 concise and nonconfusing, it would be appropriate, or at
19 least the board's staff and engineer and zoning officer
20 felt it was appropriate to delete Appendix A prior to the
21 entry into the UCC Joint Board of Appeals with Tunkhannock
22 and Paradise Township. All Appendix A does is, as I said
23 to the board, it creates a board of appeals for the IFC;
24 whereas that's already going to be covered by your joint
25 UCC Board of Appeals. And this would be Ordinance 484 and
25
1 it's been advertised with the Pocono Record for a public
2 hearing this evening.
3 At this time I'll open the public
4 hearing up to the board and the members of the public with
5 any public comment that the public may have.
6 Are there any comments from the board?
7 MR. KEENER: Nope.
8 MR. ARMSTRONG: No?
9 Any comments from the public at this
10 time? Seeing none?
11 At this point I think we can close the
12 public hearing.
13 MR. KEENER: I make a motion we close
14 the hearing for Fire Code Ordinance No. 484.
15 MS. LAMBERTON: Second.
16 MR. KERRICK: Motion and second?
17 Close the hearing?
18 Questions or comments? Public?
19 Call the vote. Jamie?
20 MR. KEENER: I vote in favor.
21 MR. KERRICK: Anne?
22 MS. LAMBERTON: I vote in favor.
23 MR. KERRICK: Heidi?
24 MS. PICKARD: I vote in favor.
25 MR. KERRICK: I'll vote in favor.
26
1 Motion carried. Now do we have to --
2 MR. KEENER: I make a motion we adopt
3 it -- we have to adopt it now?
4 MR. ARMSTRONG: Yeah.
5 MR. KEENER: I make a motion we adopt
6 Ordinance No. 484 to remove Appendix A from our Fire Code.
7 MR. KERRICK: Motion. Do we have a
8 second?
9 MS. LAMBERTON: Second.
10 MR. KERRICK: Motion and second.
11 Questions or comments from the board
12 on the motion?
13 Questions or comments from the public?
14 Call the vote. 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 Next item, Pat?
23 MR. ARMSTRONG: The next item under my
24 report is the Act 167 Storm Water Ordinance. It would be
25 Ordinance No. 485, and as the board's well aware for the
27
1 past year or two, the board's been discussing, as the
2 planning commission has also, the proposed Act 167 Storm
3 Water Ordinance for the Brodhead and McMichaels Creek
4 watershed. The planning commission in October recommended
5 the approval of the proposed Act 167 Storm Water Ordinance
6 as advertised in the Pocono Record. It was advertised in
7 the Pocono Record on November 25, 2009 and December 2,
8 2009. It was advertised for a public hearing this evening
9 at seven o'clock.
10 It's been forwarded to the Monroe
11 County Planning Commission, as well as the Monroe County
12 Conservation District. Both of those entities provided
13 the township with comment review letters. The Monroe
14 County Planning Commission review letter is dated November
15 19, 2009 and the Monroe County Conservation District
16 review letter is dated December 3, 2009. Both of those
17 review letters have certain recommendations with respect
18 to the ordinance. And it has been advertised for a public
19 hearing this evening.
20 At this time I will open the public
21 hearing up to the board, as well as the public for any
22 comments that they may have. So at this time are there
23 any comments from the board with respect to this proprosed
24 ordinance?
25 MR. KEENER: Is it -- the revisions
28
1 that we had discussed at the workshop have been
2 incorporated into the advertised draft, correct?
3 MR. ARMSTRONG: Yes. The certain
4 comments from the county planning commission's review
5 letter provided for clarification with respect to the
6 diagram at Figure 124 dash 10.1. That has been clarified
7 with respect to labeling the inner and outer buffers, as
8 well as the clarification and revisions to the definition
9 for wet --
10 MR. KEENER: Watersheds?
11 MR. ARMSTRONG: Watersheds and ERSAM,
12 which is an existing resource and site analysis map.
13 Any comments from the board?
14 MR. KEENER: Nope.
15 MR. ARMSTRONG: Any comments from the
16 public at this time? Seeing none?
17 MR. GIL WARNER: I have one. Excuse
18 me. Gil Warner, Emerald Lakes Association.
19 Is this -- this is in keeping with the
20 Department of Environmental Resources, correct? This
21 is -- we're actually doing the -- we're following the
22 recommendations of the state, right? I mean, that's why
23 this is being done.
24 MR. ARMSTRONG: Right.
25 MR. KEENER: It's actually a
29
1 countywide ordinance.
2 MR. GIL WARNER: County.
3 MR. KEENER: It's for -- not
4 countywide, but it's the Brodhead Creek,
5 Brodhead/McMichaels, Act 167, which is a state regulation,
6 but it applies to the Brodhead/McMichaels watershed
7 specifically.
8 MR. GIL WARNER: Okay.
9 MR. KEENER: That was one of the
10 comments from the planning commission -- conservation
11 district, that they wanted us to apply it to the entire
12 township.
13 MS. PICKARD: Both.
14 MR. KEENER: Both, but we don't feel
15 that's appropriate at this point. It was specific to that
16 watershed of which we only have a small portion in the
17 eastern part of the township so --
18 MR. GIL WARNER: Okay. All right.
19 Thank you.
20 MR. ARMSTRONG: Any other comments
21 from the public at this time? Seeing none --
22 MR. KEENER: I make a motion we close
23 the hearing on the Act 167 Storm Water Ordinance No. 485.
24 MR. KERRICK: Do we have a second?
25 MS. LAMBERTON: Second.
30
1 MR. KERRICK: Motion and second to
2 close the hearing.
3 Questions or comments from the public?
4 Call the vote. Jamie?
5 MR. KEENER: I vote in favor.
6 MR. KERRICK: Anne?
7 MS. LAMBERTON: I vote in favor.
8 MR. KERRICK: Heidi?
9 MS. PICKARD: I vote in favor.
10 MR. KERRICK: I'll vote in favor.
11 Motion carried.
12 Entertain a motion to adopt?
13 MR. KEENER: I make a motion we adopt
14 Act 167 Storm Water Ordinance No. 485 as written.
15 MS. LAMBERTON: I second it.
16 MR. KERRICK: Motion and second.
17 Questions or comments from the public?
18 Questions or comments from the board?
19 Call the vote. Jamie?
20 MR. KEENER: I vote in favor.
21 MR. KERRICK: Anne?
22 MS. LAMBERTON: I vote in favor.
23 MR. KERRICK: Heidi?
24 MS. PICKARD: I vote in favor.
25 MR. KERRICK: I'll vote in favor.
31
1 Motion carried.
2 Do you have anything else, Pat?
3 MR. ARMSTRONG: Well, one thing that's
4 not on my report is, Arrowhead Lakes did submit their
5 conditional use application last week on the 10th of
6 December. You have 60 days to schedule a public hearing.
7 You don't have to discuss it now, but it should be on your
8 radar to schedule something for the next 60 days. And
9 that's for the recreational lodge application.
10 And that's all I have.
11 MR. KERRICK: Okay. Start our new
12 business. Aqua Pennsylvania Inc. sewer billing agreement.
13 We discussed that at our work session.
14 Do we have a motion to adopt?
15 MS. PICKARD: I make a motion that we
16 approve the Aqua billing agreement for the year 2010 at
17 the rate of $2 a bill.
18 MR. KEENER: Second.
19 MR. KERRICK: Motion and second.
20 Questions or comments from the board?
21 Questions or comments from the public
22 on the motion?
23 Call the vote. Jamie?
24 MR. KEENER: I vote in favor.
25 MR. KERRICK: Anne?
32
1 MS. LAMBERTON: 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, John McElroy prefinal land
7 development plan time extension waiver.
8 MR. ARMSTRONG: The applicant, I
9 believe, submitted a time waiver.
10 MS. PICKARD: This already has been to
11 the planning commission, so --
12 MR. ARMSTRONG: Yeah. I'm not sure
13 why that --
14 MS. PICKARD: -- through the board.
15 MR. KERRICK: Do we have to adopt or
16 just -- there for a while we didn't adopt it at the
17 meeting.
18 MR. ARMSTRONG: Adopt? You mean --
19 MR. KERRICK: Approve. I'm sorry.
20 MR. ARMSTRONG: Either way, it's --
21 MR. KERRICK: Wrong choice of words.
22 Do we have a motion to approve?
23 MS. PICKARD: I make a motion that we
24 approve the waiver of procedural time requirements for 60
25 days, which is dated 12/4/2009 for John McElroy.
33
1 MR. KERRICK: You have a --
2 MS. LAMBERTON: I'll second that.
3 MR. KERRICK: Motion and second.
4 Do we have a date specific?
5 MS. PICKARD: This one is 60 days from
6 December 4, so that's going to put us in February, so
7 early February. We've been doing dates certain, but this
8 one we're not as quick.
9 MR. KERRICK: You okay, then?
10 MS. PICKARD: The date is.
11 MR. KERRICK: Questions or comments
12 from the board?
13 Questions or comments from the public
14 on the motion?
15 Call the vote. Jamie?
16 MR. KEENER: I abstain.
17 MR. KERRICK: Anne?
18 MS. LAMBERTON: I vote in favor.
19 MR. KERRICK: Heidi?
20 MS. PICKARD: I vote in favor.
21 MR. KERRICK: I'll vote in favor.
22 Motion carried.
23 Next item, Pinecrest Lake, Phase 2,
24 Section 5, Lot A-7 time waiver.
25 MS. PICKARD: We did not receive the
34
1 time waiver from Pinecrest Lake. Our solicitor sent them
2 a letter, so I'm making a motion that we deny Pinecrest
3 Lake, Phase 2, Section 5, Lot --
4 MR. MIKE GABLE: If I may --
5 MS. PICKARD: -- A-7.
6 MR. MIKE GABLE: I'm Mike Gable of RKR
7 Hess. I actually represent Neil DeLucca on the project.
8 I'm not sure what's going on with the project, but I will
9 look into it. Is there any way I can get a time extension
10 so I can --
11 MR. ARMSTRONG: Yeah. I mean, I
12 submitted a letter to Juliette at Neil DeLucca's office.
13 She's going to issue him the time extension.
14 MR. MIKE GABLE: Right.
15 MR. ARMSTRONG: The current one
16 expires tomorrow. We're waiting for addition -- for some
17 additional documentation.
18 MR. MIKE GABLE: Yeah. I think it was
19 just getting the deed squared away, I think. We've been
20 going back and forth.
21 MR. ARMSTRONG: The deed, as well
22 as, I think --
23 MS. PICKARD: There was a --
24 MR. ARMSTRONG: There was a lot of
25 property issues. I think that was --
35
1 MR. MIKE GABLE: Yeah. It was all
2 property issues revolving around -- he had -- he owned --
3 he had purveyed some development rights to a third party,
4 and that's right now a big mess.
5 MR. ARMSTRONG: If the board wanted to
6 entertain --
7 MS. PICKARD: Can we sign for them?
8 MR. KERRICK: Can he represent them?
9 MR. ARMSTRONG: What you can do is
10 make a motion to deny conditional upon or subject to the
11 applicant providing a written time waiver no later than
12 tomorrow.
13 MR. MIKE GABLE: Sure.
14 MR. ARMSTRONG: We need it by
15 tomorrow.
16 MR. MIKE GABLE: Yes.
17 MR. ARMSTRONG: I have your e-mail.
18 You can sign, you know, if you represent the applicant,
19 you can sign for them.
20 MR. MIKE GABLE: Okay.
21 MR. ARMSTRONG: But I need a
22 written -- I can handwrite one tonight, if you wanted to
23 wait around --
24 MR. MIKE GABLE: I'd like to talk to
25 Neil to see what his intentions are and I'll call him
36
1 myself and try to iron out what's going on. Chances are
2 with the way the economy's going, I'll bet you his
3 secretarial staff is probably on part-time, at best.
4 MR. ARMSTRONG: And what's your
5 telephone number, Mike?
6 MR. MIKE GABLE: (610) 266-7140.
7 MR. ARMSTRONG: And what the board, if
8 you'd like to --
9 MR. KERRICK: We have a motion. We
10 have a second to the motion on the floor to deny right
11 now.
12 MR. ARMSTRONG: Okay. If you want to
13 consider -- I mean, if the board consider amending it to
14 be conditional -- I mean, basically denying it unless the
15 applicant provides the applicable time extension by
16 tomorrow.
17 MS. PICKARD: I'll amend my motion to
18 that effect.
19 MR. KERRICK: Do I have a second?
20 MR. KEENER: Second.
21 MR. KERRICK: Motion and second.
22 MR. MIKE GABLE: Thank you.
23 MR. KERRICK: Questions or comments
24 from the board?
25 Questions or comments from the public?
37
1 Call the vote. Jamie?
2 MR. KEENER: I'll vote in favor.
3 MR. KERRICK: Anne?
4 MS. LAMBERTON: I'll vote in favor.
5 MR. KERRICK: Heidi?
6 MS. PICKARD: I'll vote in favor.
7 MR. KERRICK: I vote in favor. Motion
8 carried.
9 Next item, Wee-Wons Day Care expansion
10 land development plan waiver.
11 Motion to approve?
12 MR. KEENER: I'll make a motion we
13 approve the time extension by 60 days from December the
14 4th, '09 as requested.
15 MS. LAMBERTON: I'll second it.
16 MR. KERRICK: Motion and second.
17 Questions or comments from the board?
18 MS. LAMBERTON: No.
19 MR. KERRICK: Questions or comments
20 from the public?
21 Call the vote. Jamie?
22 MR. KEENER: I vote in favor.
23 MR. KERRICK: Anne?
24 MS. LAMBERTON: I vote in favor.
25 MR. KERRICK: Heidi?
38
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 the
5 reappointment of Mark Sincavage to our planning
6 commission.
7 MR. KEENER: I make a motion we
8 approve reappointment of Mark Sincavage to the Tobyhanna
9 Township Planning Commission.
10 MS. PICKARD: I'll second the motion.
11 MR. KERRICK: Motion and second.
12 Questions or comments from the board?
13 Questions or comments from the public?
14 MR. JEFFREY EVANS: How long a term is
15 that?
16 MR. KERRICK: It's four years.
17 MR. ARMSTRONG: I think --
18 MR. KERRICK: Four or five.
19 MS. PICKARD: Four or five --
20 MR. ARMSTRONG: Planning commission
21 should be four years.
22 MR. KERRICK: Zoning hearing is five,
23 then.
24 Any other questions or comments?
25 Call the vote. Jamie?
39
1 MR. KEENER: I vote in favor.
2 MR. KERRICK: Anne?
3 MS. LAMBERTON: I vote in favor.
4 MR. KERRICK: Heidi?
5 MS. PICKARD: I vote in favor.
6 MR. KERRICK: I'll vote in favor.
7 Motion carried.
8 Next item on our agenda, intent to
9 withdraw from Entech Act 537 Plan Update Contract.
10 Do we have a motion?
11 MS. LAMBERTON: Sure. I'll make that
12 motion.
13 MR. ARMSTRONG: Does the board --
14 MS. LAMBERTON: Nobody else wants to.
15 MR. KEENER: Second.
16 MR. KERRICK: Motion and second to
17 withdraw.
18 Questions or comments from the board?
19 Questions or comments from the public
20 on the motion?
21 Call the vote. Jamie?
22 MR. KEENER: I vote in favor.
23 MR. KERRICK: Anne?
24 MS. LAMBERTON: I vote in favor.
25 MR. KERRICK: Heidi?
40
1 MS. PICKARD: I vote in favor.
2 MR. KERRICK: I'll vote in favor.
3 Motion carried.
4 Next item on your agenda, we'll skip G
5 and go to H, Resolution No. 2009 dash 023, appropriations.
6 MS. PICKARD: I'll make a motion that
7 we approve Resolution No. 2009 dash 023, a resolution to
8 transfer encumbered monies from one account to another.
9 This is primarily the sewer account, we were just
10 reappropriating from lower interest costs to other areas
11 and we were also in the contingency reserve appropriating
12 to road drainage from park improvements.
13 MR. KEENER: Second.
14 MR. KERRICK: Motion and we have a
15 second.
16 Questions or comments?
17 Questions or comments from the public
18 on the motion?
19 Call the vote. Jamie?
20 MR. KEENER: I vote in favor.
21 MR. KERRICK: Anne?
22 MS. LAMBERTON: I vote in favor.
23 MR. KERRICK: Heidi?
24 MS. PICKARD: I vote in favor.
25 MR. KERRICK: I'll vote in favor.
41
1 Motion carried.
2 Next item, Pinecrest Phases 5 and 6,
3 amended final plan. Aqua PA --
4 MS. PICKARD: Wait till --
5 MR. MIKE GABLE: Right.
6 MR. KERRICK: Yes, sir?
7 MR. MIKE GABLE: As of tonight do you
8 still have those files on the computer? The PDFs?
9 MS. PICKARD: I have the disc here.
10 MR. MIKE GABLE: Okay. Good. I
11 brought my -- I didn't bring my paperwork because last
12 time they had it on the computer, so --
13 Sheet No. 2, you guys want to start
14 with that? I'll go through tonight what I had discussed
15 with the planning commission, the purpose of what we're
16 doing here tonight with the amendment to the final plans
17 for Phase 5 and 6.
18 Phase 5 and 6, when the project was
19 submitted to the township, there was pulic water supply
20 improvements being done. At that time the developer,
21 Pinecrest Development Corp., C&M Builders owned -- owned
22 the water supply system back in 2003. In 2005, the water
23 system was sold to Aqua Pennsylvania Water Company and at
24 that time Aqua Pennsylvania decided that they don't like
25 the configuration and the location of the controls for the
42
1 water -- for the water supply well. They are currently
2 located in the existing sales office, the old post office
3 at the intersection of Sullivan and State Avenue.
4 What Aqua Pennsylvania is looking to
5 do is to install a new building next -- across the parking
6 space from the existing sales office to take the control
7 facilities out of that building and put them in a new
8 structure. It's an approvement to the water supply system
9 being done as a maintenance item.
10 The reason why we're here before you
11 tonight is an amended plan. The township had taken the
12 position that that was a substantial revision to the
13 documents for approval for Phase 5 and 6. And at the
14 request of the township, Aqua Pennsylvania submitted a
15 plan that formally revises those plans submitted back
16 in 2003.
17 The plans now before you have the new
18 water control facility shown on its utility plan and we
19 had to fix the required signature blocks, tax
20 identification number, so on and so forth, on the utility
21 plan such that the utility plan can be signed and recorded
22 to formally amend the Phase 5 and 6 plans.
23 The township engineer issued an
24 engineer, Bob McHale, issued an engineer's letter. We
25 went through the engineer's letter at the last planning
43
1 commission meeting. He had some minor comments, and I
2 addressed the -- all of them at that meeting. I believe
3 the only outstanding items to date was he had requested
4 that I do a waiver -- a waiver of the township's pavement
5 requirements for the parking area for the building, which
6 I did submit in writing to the township and you should
7 have on file. The purpose of the waiver is to allow the
8 area in front of the building to be stone to allow for
9 infiltration so we don't have to put in a basin and all of
10 those kinds of improvements, to limit their disturbance to
11 the area.
12 There was also discussions about
13 ownership of the piece of land in which it sits. Right
14 now the ownership -- the piece of land we're referring to
15 is this tract of land here, which is known as -- known as
16 the Country Inn parcel within the Pinecrest Lake PRD.
17 That piece of land through the deed, which I did recently
18 provide, I believe Solicitor Armstrong should have a copy
19 of that.
20 Did you get the --
21 MR. ARMSTRONG: I have a -- you
22 forwarded a quick claim deed.
23 MR. MIKE GABLE: Right.
24 MR. ARMSTRONG: Is that the only --
25 that's the only deed that you have of that property?
44
1 MR. MIKE GABLE: That's the -- it's
2 supposed to be the current deed according to the
3 assessor's office.
4 MR. ARMSTRONG: Okay.
5 MR. MIKE GABLE: Of course, there's
6 predecessors to the quitclaim deed, but the Pinecrest
7 Lake -- Pinecrest Community Trust owns the piece of land
8 as of now; so therefore the ownership information on this
9 utility plan has been updated to reflect that and we also
10 have provided the township a copy of the easement, which
11 Aqua Pennsylvania's in the process of acquiring from the
12 trust. The current trustee of the trust is Brendon
13 Carroll, the Carroll family, Eddie Carroll's son. And I
14 spoken with Brendon, he has no issue with signing the
15 easement. I've already provided this to the township. I
16 have some paper copies so you can see.
17 MR. ARMSTRONG: So the trust is going
18 to be agreeable to that easement?
19 MR. MIKE GABLE: Yes. That's what it
20 looks like. There will be a written agreement that goes
21 through all the terms and conditions, which is typical of
22 any easement agreement.
23 We have been asked by the planning
24 commission to forward the plans onto the Teicher
25 Organization. They're the current developers of the
45
1 footprints within Phase 5 and 6. They did receive my
2 e-mail, they did read my e-mail, they have not yet
3 responded to that. Right now Teicher owns the footprints
4 within the development. Really the only difference
5 between Teicher and the other owners of units in
6 Brookside/Pinecrest Lake PRD, what have you, is, they own
7 a bunch of footprints and they also have an obligation to
8 finish off the infrastructure within the Phase 5 and 6
9 development, the manner the utility connections with
10 pavement within that development.
11 Tonight we'd like to ask the board to
12 give us approval of the project, of course, conditioned on
13 finalizing the easement agreements and we'll be glad to
14 provide the copy of the easement once it's executed to the
15 township prior to signatures being placed on the plan.
16 MR. ARMSTRONG: It's been -- I believe
17 you're looking also for -- you requested a waiver for --
18 MR. MIKE GABLE: The pavement, yeah.
19 MR. ARMSTRONG: The pavement.
20 MR. MIKE GABLE: Yes.
21 MR. ARMSTRONG: You're going to comply
22 with the apron?
23 MR. MIKE GABLE: Yes, we added a 20
24 foot pavement to the plan, which is on the most current
25 plans that were provided to the township last time.
46
1 MR. ARMSTRONG: And are you also
2 looking for a waiver of financial securities given the
3 fact that it's a public utility?
4 MR. MIKE GABLE: It doesn't need to be
5 waived. I mean, it's a public utility, and the Municipal
6 Planning Code says you don't have to bond for a public
7 utility because a public utility by in itself has to --
8 has its own procurement procedures.
9 MR. ARMSTRONG: Right. Well, I mean,
10 the position we've taken is that you still, you know,
11 should request a waiver of financial security requirements
12 to the township.
13 MR. MIKE GABLE: Okay. I wasn't aware
14 of that, but that's fine, I can do that. We can put in a
15 written request. I would ask then the motion --
16 MR. ARMSTRONG: Be conditional upon --
17 MR. MIKE GABLE: -- be conditional
18 upon me providing the written request of the waiver.
19 That's not a problem.
20 MR. ARMSTRONG: Are there any -- are
21 there any fire hydrants proposed?
22 MR. MIKE GABLE: There's fire hydrants
23 that exist now.
24 MR. ARMSTRONG: There are?
25 MR. MIKE GABLE: Yeah. I believe they
47
1 installed them. Those fire hydrants are put in for the
2 purpose of flushing the facilities, not necessarily for
3 fire flows.
4 MR. KERRICK: If you're alongside a
5 public road, though, isn't there a requirement that you
6 have to put one in?
7 MR. MIKE GABLE: If we're doing
8 development. We're not doing development. You're right.
9 If somebody comes in and develops that piece of land, they
10 will need to put fire hydrants in, but since there's no
11 development going in, at this time it would be
12 inappropriate to put hydrants in because you don't know
13 the appropriate place to put the hydrant.
14 MR. KERRICK: But the public road is
15 already existing. State Avenue is existing.
16 MR. MIKE GABLE: Right. Well,
17 within -- if the township wants a hydrant put in the road,
18 Pennsylvania American's not allowed to put it in without
19 having someone to pay that bill and they're not allowed to
20 pay the bill themselves. The tariffs are set up very
21 specifically to do that, if you follow me.
22 I mean, putting a fire hydrant in has
23 a base cost to run that fire hydrant. Because of that
24 cost, it's not fair for someone all the way on the other
25 side of the system that gets no benefit out of the fire
48
1 hydrant to have to pay for their prorated share of that.
2 So the way of the PUC tabbing law -- or PUC tariffs are
3 set up, if there's a fire hydrant going in, somebody has
4 to be responsible to pay for that individual fire hydrant,
5 is how it's been explained to me in the past.
6 MR. KERRICK: So would Aqua be
7 receptive to putting it in if there was a monthly fee to
8 the township?
9 MR. MIKE GABLE: Absolutely.
10 Actually, if the township had requested one put in for an
11 application, they would be obligated to put it in. They'd
12 have no choice. That's -- again, part of their tariff is
13 -- if a service application comes in, they would be
14 obligated to put it in.
15 MR. KEENER: Is that where we're
16 getting our water?
17 MR. KERRICK: No.
18 MR. MIKE GABLE: You have your own
19 on-site well.
20 MR. ARMSTRONG: Where are you talking
21 about on the plan with respect to this fire hydrant?
22 MR. MIKE GABLE: The existing fire
23 hydrant?
24 MR. KERRICK: Well, the one that's
25 existing is down here.
49
1 MR. MIKE GABLE: Yeah, right here.
2 MR. KERRICK: That's the new one. Oh,
3 I'm sorry. It's down here. This one's for flushing up.
4 You're right.
5 MR. MIKE GABLE: Yeah, I think they
6 actually just put a flushing T right here --
7 MR. KERRICK: They put a valve right
8 here at the end of State Avenue --
9 MR. MIKE GABLE: Right, and that was
10 at my recommendation.
11 MR. KERRICK: Right. Thank you.
12 MR. MIKE GABLE: What if there's
13 another caveat within the tariff and the regulations under
14 PUC, if there's any potential for future connections going
15 in, they have to provide for that facility, so the valve
16 and T was put in a line, should the township ever want to
17 connect their public water services. Eventually you're
18 going to get in a situation where you're just gonna --
19 sick of dealing with your own well and that's the idea --
20 my recommendation to put the T. Ten, twenty, fifty years
21 down the road there's -- the ability's there.
22 MR. KERRICK: I won't be here.
23 MR. KEENER: Me neither.
24 MR. ARMSTRONG: You did -- I just
25 wanted to make clear for the record, you did indicate that
50
1 there was no development being proposed, but there is land
2 development being proposed, it's the water control
3 building.
4 MR. MIKE GABLE: Sure, from that
5 perspective, yes.
6 MR. ARMSTRONG: Right.
7 MR. KEENER: Do you have a copy of
8 Bob's letter?
9 MR. ARMSTRONG: Bob's letter is dated
10 December 3, 2009.
11 MR. MIKE GABLE: And he had sent me a
12 subsequent e-mail December 3.
13 MR. ARMSTRONG: I have a review letter
14 dated December 3.
15 MR. MIKE GABLE: Is that after the
16 planning commission meeting?
17 MR. ARMSTRONG: That was before.
18 MR. MIKE GABLE: Okay. He had issued
19 a subsequent e-mail to me, which resulted in me forwarding
20 back onto him an easement of a couple other items he'd
21 requested. The waiver -- the time -- the waiver request
22 that you see in the file, that was the result of the
23 e-mail Bob had sent me.
24 I think you were copied on it, Pat.
25 MR. ARMSTRONG: I may have been.
51
1 Well, if the board were to entertain
2 any kind of a motion on this plan tonight it would be
3 conditional upon Bob's latest review letter dated December
4 3, 2009. The e-mail is just addressing the issues already
5 discussed in the review letter.
6 MR. MIKE GABLE: Right. I think the
7 only thing new that he brought up on the e-mail was the --
8 actually doing the waiver, if my memory serves me
9 correctly.
10 MR. ARMSTRONG: So, conditional on his
11 review letter, as well as the easement being finalized
12 with the property owner of the trust.
13 MR. MIKE GABLE: And then the waiver
14 for the -- not providing surety.
15 MR. ARMSTRONG: Financial security
16 waiver, as well as confirming with the Teicher Corporation
17 that they're agreeable to the proposed changes to the PRD
18 plan, as well as the deed, the quitclaim deed that's
19 already been provided.
20 MR. MIKE GABLE: Okay. What were you
21 looking for, for the quitclaim deed? Just to be clear.
22 MR. ARMSTRONG: No, just being an
23 approval that would be conditional upon, you know, the
24 deed -- the applicant actually --
25 MR. MIKE GABLE: Okay, gotcha. Okay.
52
1 MR. ARMSTRONG: -- owning the
2 property. And if the board -- if the board had any
3 additional thoughts on that fire hydrant location or any
4 additional requests or --
5 MR. KERRICK: The way I take it, if we
6 request it, they're obligated to put it in, correct?
7 MR. MIKE GABLE: They're obligated to
8 put it in, but then they're gonna have to charge somebody
9 for it.
10 MR. KERRICK: For the hydrant or for a
11 monthly charge?
12 MR. MIKE GABLE: For the monthly
13 charge.
14 MR. ARMSTRONG: I don't necessarily
15 know they have to charge someone for it. It's my
16 understanding that they can put a hydrant in. I don't
17 know if they necessarily have to charge someone for it.
18 MR. MIKE GABLE: If it's in --
19 MR. ARMSTRONG: They may like to.
20 MR. MIKE GABLE: Well, if the
21 facility's being installed for their own use where they
22 have a need for it, absolutely, they don't have to charge
23 anyone for it. But they don't have a need.
24 MR. ARMSTRONG: They're putting in a
25 water control [inaudible] over there. That's land
53
1 development. They're putting a building on the property.
2 Right?
3 MR. MIKE GABLE: Sure. But they have
4 a fire hydrant right in front of that building, so it's --
5 MR. ARMSTRONG: So you're talking
6 about across the street?
7 MS. PICKARD: There was a fire
8 hydrant.
9 MR. KERRICK: Here's the building,
10 proposed building, right here. They have a hydrant right
11 here existing.
12 MR. MIKE GABLE: I see they're
13 existing. I don't know if they'd actually put it in or
14 not, but there will be a hydrant there.
15 MR. KERRICK: There's one there. They
16 put --
17 MR. MIKE GABLE: I don't know if they
18 put it in or not, but there will one put in if it's not in
19 there.
20 MR. KERRICK: It's there. I think
21 I've seen water come out of it, flush.
22 MR. ARMSTRONG: So there's not one
23 here?
24 MR. KERRICK: They put it out here at
25 his request. We'd like it there or here.
54
1 MR. KEENER: My question is, was it
2 designed for fire flow; and if not, why have it? I mean,
3 can it provide --
4 MR. MIKE GABLE: Yes.
5 MR. KEENER: -- sufficient fire flow
6 to serve our building?
7 MR. MIKE GABLE: A thousand
8 gallons per minute plus.
9 MR. KEENER: Then I would suggest that
10 we have one. It may be a good idea.
11 MR. MIKE GABLE: If they can put it in
12 without doing -- without a legal issue with -- in regards
13 to the PUC, I would imagine they wouldn't have a problem
14 putting in it. It's really not that expensive of a cost.
15 MR. KEENER: What's -- what's the
16 cost?
17 MR. MIKE GABLE: A fire hydrant
18 nowadays? 3500 bucks, 2,000 bucks.
19 MR. ARMSTRONG: So they'd be agreeable
20 to putting it in. You're talking about the ongoing
21 maintenance of it?
22 MR. MIKE GABLE: The ongoing
23 maintenance, I would -- I can't say for sure they'd be
24 agreeable. I could recommend to them that they could put
25 it in. I certainly see the township's wishings to have a
55
1 fire hydrant application, and that's something, of course,
2 I don't have to tell you tonight they'd be agreeable. You
3 can just make that a condition of your approval and then
4 that's your condition.
5 MR. ARMSTRONG: Right.
6 MS. PICKARD: I have a question on the
7 letter.
8 It's referred to 155-55.C.1, so we're
9 looking for a waiver of that, but it also says in here
10 that they agreed to the first 20 feet driveway --
11 MR. ARMSTRONG: You can't waive -- you
12 can't waive a zoning requirement, and I believe the zoning
13 requirement is the apron?
14 MR. MIKE GABLE: Right. And we're
15 providing the apron.
16 MR. ARMSTRONG: You're requesting a
17 waiver of the actual paving of the parking lot?
18 MR. MIKE GABLE: Of the pavement of
19 the parking and the turnaround area right in front of the
20 building, which is -- if you want --
21 MS. PICKARD: Is that a SALDO?
22 Because I don't have any --
23 MR. MIKE GABLE: I believe it is a
24 SALDO requirement.
25 MS. PICKARD: Oh. You didn't really
56
1 put it in your letter --
2 MR. MIKE GABLE: I copy and pasted
3 Bob's wording. He requested the direct --
4 MS. PICKARD: But it also says that if
5 the ADT went over 400 that you would pave it?
6 MR. MIKE GABLE: Right. I would
7 have a --
8 MS. PICKARD: Within a year?
9 MR. MIKE GABLE: It would be a stretch
10 of the imagination to have --
11 MS. PICKARD: Well --
12 MR. MIKE GABLE: -- a 300 square foot
13 building have 400 trips, so I wasn't concerned about that.
14 MS. PICKARD: -- the runoff water --
15 you think you could --
16 MR. MIKE GABLE: That would be --
17 MS. PICKARD: -- 400 --
18 MR. MIKE GABLE: -- a really bad day
19 if they got to go there that often.
20 MR. KEENER: Say if there's a
21 condition --
22 MR. KERRICK: A really bad day.
23 MS. PICKARD: 135 something.
24 MR. ARMSTRONG: Yeah. Bob doesn't
25 spell it out in his letter.
57
1 MR. MIKE GABLE: I believe that is a
2 SALDO requirement. I'm sure he would have -- you know, it
3 would have been a big red flag at the very beginning if it
4 wasn't a SALDO or a zoning.
5 MR. ARMSTRONG: What you can do this
6 evening is, if you are to entertain a motion to approve
7 the plan conditional upon, and then just -- I mean, you
8 have it conditional upon Bob's review letter and if you're
9 going to agree -- or agree to waive, that requirement will
10 be a waiver of a bituminous base and wearing course
11 pursuant to the engineer's review letter and the actual
12 site to the SALDO will be in your written decision to the
13 applicant. It's not in here.
14 Are there any other questions of the
15 applicant from the board?
16 MR. KEENER: Nope.
17 MR. ARMSTRONG: Any questions from
18 the -- any questions from the public at this time?
19 MR. KEENER: I got one for director of
20 public works. Are we going to request -- put a formal
21 request in?
22 MR. KERRICK: Sure. It would be a
23 great idea.
24 MR. ARMSTRONG: For the hydrant.
25 MR. KEENER: For the hydrant. We
58
1 don't need that to be a part of this, but --
2 MR. ARMSTRONG: We can make it a
3 condition of the approval if you'd like. That's up to the
4 board.
5 MR. KEENER: I thought if we just had
6 requested in a letter tomorrow, does it have to be part of
7 this -- does it have to be a part of this decision?
8 MS. PICKARD: It can be.
9 MR. ARMSTRONG: It can be. You'll be
10 more inclined -- they'll be more inclined to charge you if
11 you'd request it without --
12 MR. KEENER: Okay.
13 MR. MIKE GABLE: I think they'll try
14 to find the loophole in the law if you request it here.
15 If you don't put it in the motion, I would agree they'd
16 try to -- they're definitely gonna say --
17 MR. KEENER: Okay. Let's request it.
18 I would like to see a fire hydrant.
19 MR. KERRICK: That's your motion?
20 MR. KEENER: I make a motion we
21 approve the Aqua PA control building and appurtenances
22 Project No. 2007 dash 029 amended final plan. That's for
23 Pinecrest plan residential development Phases 5 and 6 with
24 the conditions, confirmation of ownership regarding the
25 quitclaim deed. It says confirmation of ownership of --
59
1 or the Teicher Corporation. Is that --
2 MR. ARMSTRONG: Teicher Corporation.
3 Right.
4 MR. KEENER: Right. The agreement
5 there and including the waiver of pavement of the parking
6 area immediately adjacent to the control building except
7 that it be 20 feet back -- paved 20 feet back from the
8 edge of the road. That would be State Drive.
9 MS. PICKARD: And waiver of financial
10 securities?
11 MR. KEENER: And waiver of financial
12 security in lieu of placement of a fire hydrant adjacent
13 to State Road across from the township property.
14 MS. PICKARD: You mean the easement?
15 MR. ARMSTRONG: Conditional on the
16 easement with the trust, as well as the --
17 MR. KEENER: Conditional upon the
18 easement of the trust --
19 MR. ARMSTRONG: December 3, 2009.
20 MR. KEENER: -- and the engineer's
21 letter of December 3, 2009.
22 MR. KERRICK: Wow.
23 MR. MIKE GABLE: It's a 240 square
24 foot building.
25 MS. PICKARD: I'll second it.
60
1 MR. KEENER: Thanks.
2 MR. KERRICK: Motion and second on the
3 floor.
4 Any questions or comments?
5 Questions or comments from the public?
6 MR. MIKE GABLE: I have one question
7 before the vote.
8 If the township, in the future, should
9 decide that they want water services to the township's
10 complex, any idea of what your flow rates would be and
11 what size water line you would actually need? Because
12 that would dictate the configuration of how we put the
13 fire hydrant.
14 MR. KERRICK: Can we get you that
15 information?
16 MR. MIKE GABLE: Absolutely. If you
17 need Bob to look it.
18 MR. KERRICK: We'll have Bob get in
19 touch with you.
20 MR. MIKE GABLE: Okay.
21 MR. KERRICK: Any other questions?
22 Call the vote. Jamie?
23 MR. KEENER: I vote in favor.
24 MR. KERRICK: Anne?
25 MS. LAMBERTON: I vote in favor.
61
1 MR. KERRICK: Heidi?
2 MS. PICKARD: I vote in favor.
3 MR. KERRICK: I'll vote in favor.
4 Motion carried.
5 MR. MIKE GABLE: Thank you very much.
6 MR. KERRICK: Thank you.
7 MR. ARMSTRONG: Thanks, Mike. And
8 I'll call you tomorrow on the other matter.
9 MR. MIKE GABLE: Great. Thanks.
10 MR. KERRICK: Next item on our agenda,
11 Central Tax Bureau local services tax agreement resolution
12 and earned income tax agreement addendum.
13 MS. PICKARD: We should have Pat
14 explain that. He's been working on it.
15 MR. ARMSTRONG: Yeah. We got --
16 MS. PICKARD: Some tax --
17 MR. ARMSTRONG: As the board is aware,
18 you passed the local services tax at the end of November.
19 That was forwarded onto CENTAX, which is the appointed tax
20 collecting entity for the township. And late last week we
21 got a proposed agreement, proposed resolution and a
22 proposed addendum to your existing agreement with CENTAX.
23 Heidi and I discussed it. We forwarded on our requested
24 changes. They were amenable and they made changes and
25 they sent us back the revised documents this afternoon.
62
1 So what I have for -- for Heidi, most
2 likely for the board is the revised resolution
3 authorized -- well, not really authorizing, but stating
4 that the board is going to enter into the agreement with
5 CENTAX for the collection of local services tax in the
6 actual agreement for the collection of the local services
7 tax with CENTAX, and the monetary charges from CENTAX for
8 those collections is 1.9 percent -- percent of the amount
9 remitted from those local services taxes.
10 And then --
11 MR. KERRICK: There were no changes?
12 MR. ARMSTRONG: There were no changes
13 in the addendum.
14 MR. KERRICK: So --
15 MS. PICKARD: The addendum, though,
16 reduced the current collection rate on our EIT from --
17 MR. ARMSTRONG: Your existing --
18 MS. PICKARD: -- 1.9 to 1.4. And we
19 did change what went out. The date that the [inaudible]
20 through will be December 31, 2011 --
21 MS. LAMBERTON: Because of the change?
22 MS. PICKARD: -- which will coincide
23 with the EIT collection.
24 MS. LAMBERTON: Right.
25 MS. PICKARD: So with that, I'm going
63
1 to make a motion to -- can we do these together or should
2 we --
3 MR. ARMSTRONG: Do the resolution and
4 then the agreement and the addendum.
5 MS. PICKARD: I make a motion that we
6 approve Resolution 2009 dash 024, the local service tax.
7 MR. KEENER: Second.
8 MR. KERRICK: Motion and second.
9 Questions or comments from the board?
10 Questions or comments from the public?
11 Call the vote. Jamie?
12 MR. KEENER: I vote in favor.
13 MR. KERRICK: Anne?
14 MS. LAMBERTON: I vote in favor.
15 MR. KERRICK: Heidi?
16 MS. PICKARD: I vote in favor.
17 MR. KERRICK: I'll vote in favor.
18 Motion carried.
19 Next item, Heidi?
20 MS. PICKARD: I make a motion we
21 approve the agreement for the collection of local services
22 tax with Central Tax Bureau and the amount of 1.9 percent
23 of the collections to run until December 31, 2011.
24 MS. LAMBERTON: Second.
25 MR. KERRICK: Motion and second.
64
1 Questions or comments from the board?
2 Questions or comments from the public
3 on the motion?
4 Call the vote. Jamie?
5 MR. KEENER: I vote in favor.
6 MR. KERRICK: Anne?
7 MS. LAMBERTON: I vote in favor.
8 MR. KERRICK: Heidi?
9 MS. PICKARD: I vote in favor.
10 MR. KERRICK: I'll vote in favor.
11 Motion carried.
12 MS. PICKARD: And finally I make
13 motion that we approve the earned income tax agreement and
14 the addendum of CENTAX at the rate of 1.9 percent.
15 MR. KERRICK: Do I have a second?
16 MS. LAMBERTON: Second.
17 MR. KERRICK: Motion and second.
18 Questions or comments from board?
19 Questions or comments from the public?
20 Call the vote. Jamie?
21 MR. KEENER: I vote in favor.
22 MR. KERRICK: Anne?
23 MS. LAMBERTON: I vote in favor.
24 MR. KERRICK: Heidi?
25 MS. PICKARD: I vote in favor.
65
1 MR. KERRICK: I'll vote in favor.
2 Motion carried.
3 Does the board have anything else they
4 wish to discuss this evening?
5 MR. ARMSTRONG: Did you want to
6 schedule that hearing or --
7 MR. KEENER: Wait till Donny's back to
8 schedule.
9 MR. KERRICK: Do you have anything
10 else?
11 MR. ARMSTRONG: No.
12 MR. KERRICK: Does the public have
13 anything they wish to address the board?
14 Whoever wants to go first.
15 State your name for the record.
16 MR. BILL HENRY: Bill Henry from
17 Emerald Lakes. I have a belated question on the storm
18 water ordinance. For 20 years I thought Emerald Lakes was
19 in the McMichaels Creek watershed and I have a map here
20 that says it's in the Pocono Creek watershed.
21 Is one part of the other?
22 MR. KEENER: Yes.
23 MR. BILL HENRY: Okay.
24 MR. KEENER: I think Pocono is a --
25 MR. KERRICK: It should be a map on
66
1 the --
2 MR. KEENER: -- subwatershed of the
3 Brodhead/McMichaels.
4 MR. BILL HENRY: That's --
5 MR. KEENER: Let's see here. You're
6 in -- let's see. Where's it -- 205, watershed 205.
7 You're here in this corner.
8 MR. BILL HENRY: This --
9 This puts it in Pocono Creek
10 watershed. That's a subwatershed of the Brodheads.
11 MR. KEENER: That's correct.
12 MR. BILL HENRY: Okay. That answers
13 my question.
14 MR. KEENER: See here --
15 MR. BILL HENRY: Through lakes.
16 MR. KEENER: Broken. Yeah. The
17 Pocono dumps in here down towards the end, but it is part
18 of the whole -- this is -- this is the whole
19 Brodhead/McMichaels watershed. And you can see right here
20 the corner of Tobyhanna Township, your Emerald Lakes is
21 right in here.
22 MR. BILL HENRY: Okay.
23 MR. KEENER: And this really takes it
24 even over to Chestnuthill Township. Here's Jackson,
25 Pocono --
67
1 MR. BILL HENRY: This --
2 MR. KEENER: Brodhead/McMichaels
3 watershed, yeah, it's a full watershed. Pocono -- Pocono
4 Creek watershed is a subwatershed.
5 MR. BILL HENRY: That answers my
6 questions. Thank you.
7 MR. KERRICK: Next question?
8 MR. GIL WARNER: I'd like to -- Gil
9 Warner, Emerald Lakes.
10 I'd like to make some comments about
11 our zoning office, Phyllis. I wanted to compliment her on
12 doing an excellent job. In the past few months she's
13 taken some time out -- we have some zoning issues. She
14 was able to take some time out and come over to our
15 association and -- questions and answers with some of our
16 staff members and some of our members of the association.
17 I just wanted to let the supervisors know that she's doing
18 an excellent job and I really appreciate it.
19 Thank you very much.
20 MR. KEENER: Thank you.
21 MR. KERRICK: Thank you. That was
22 good to know.
23 Anyone else have anything they wish to
24 address the board? This will be our last -- no, this
25 isn't our last meeting of the year.
68
1 MR. KEENER: No. We have our budget
2 meeting, right?
3 MR. KERRICK: Yes.
4 MR. KEENER: When's that?
5 MR. KERRICK: Call for adjournment?
6 MS. PICKARD: December 21.
7 MR. KEENER: December 21.
8 I'll make a motion we adjourn.
9 MR. KERRICK: Second.
10 MS. LAMBERTON: Second.
11 MR. KERRICK: We're adjourned. Thank
12 you for showing -- coming.
13 (Meeting concluded at 8:07 p.m.)
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7 I hereby certify that the proceedings
8 and evidence are contained fully and accurately, to the
9 best of my ability, in the notes taken by me at the
10 meeting in the above matter; and that the foregoing is a
11 true and correct transcript of the same.
12
13 ________________________________
14 Jessica L. Holt, C.R.
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