Before
THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
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In Re: Regular Meeting
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Tobyhanna Township Government Center Building
State Avenue
Pocono Pines, Pennsylvania 18350
Monday, January 4, 2010, beginning at 4:55 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI PICKARD, Vice-Chairperson
DONALD J. MOYER, Board Member
JAMIE B. KEENER, Board Member
ANNE LAMBERTON, Board Member
PATRICK ARMSTRONG, ESQUIRE, Solicitor
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Panko Reporting
537 Sarah Street, 2nd Floor
Stroudsburg, Pennsylvania 18360
(570) 421-3620
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1 MR. KERRICK: Call the meeting
2 to order, January 4, 2010 Regular Business Meeting.
3 First item on our agenda is
4 announcements.
5 Do you have any announcements,
6 Heidi?
7 MS. PICKARD: No. I did want to
8 mention that the Pocono Summit Fire Company
9 installation dinner is January 9th. I hope that
10 somebody is --
11 MRS. LAMBERTON: Is that Friday
12 or Saturday?
13 MS. PICKARD: Saturday.
14 MR. MOYER: Where is that being
15 held?
16 MS. PICKARD: At the fire hall.
17 MR. KEENER: Anybody make
18 reservations?
19 MS. PICKARD: I have not. If
20 somebody is going, they should call. It is
21 Saturday night.
22 MR. KERRICK: It's this Saturday
23 I can't. I'll be out of town. I'd like to.
24 MR. KEENER: I can't do it this
25 Saturday.
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1 MR. KERRICK: Any other
2 announcements?
3 Consider minutes of November
4 9th, 2009. I assume that would be the regular
5 business meeting.
6 MS. PICKARD: Yeah. I had a
7 minor correction.
8 MR. KERRICK: You want to come
9 back to that?
10 MS. PICKARD: Yes.
11 MR. KERRICK: Next item,
12 consider the treasurer's report, the bill packet,
13 outstanding obligations, January 4, 2010. The full
14 amount for board approval is $74,918.51.
15 What is the board's pleasure?
16 MR. KEENER: Make a motion we
17 approve the bill packet for January 4, 2010 for
18 $74,918.51.
19 MR. MOYER: Second.
20 MR. KERRICK: Motion and second.
21 Questions or comments? Questions or comments from
22 the public on the motion?
23 Call the vote. Jamie.
24 MR. KEENER: I vote in favor.
25 MR. KERRICK: Anne.
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1 MRS. LAMBERTON: I'll abstain.
2 MR. KERRICK: Donnie.
3 MR. MOYER: I vote in favor.
4 MR. KERRICK: Heidi.
5 MS. PICKARD: Vote in favor.
6 MR. KERRICK: And I'll vote in
7 favor. Motion carried.
8 Solicitors report.
9 MR. ARMSTRONG: It's not on the
10 agenda, but the only thing I have to report is
11 Arrowhead Lake's Conditional Use Application was
12 submitted December 10th. You have 60 days to hold
13 a public hearing on that. I believe you
14 previously, maybe I'm wrong, I thought you
15 previously discussed holding it at the work session
16 in February?
17 MR. MOYER: We did say that.
18 MRS. LAMBERTON: Work session,
19 February 1st.
20 MR. KERRICK: So we give you the
21 authorization.
22 MR. ARMSTRONG: To advertise for
23 a public hearing.
24 MR. MOYER: February 1st.
25 MR. ARMSTRONG: At 3:30.
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1 MR. MOYER: Good.
2 MR. KERRICK: Anything else?
3 MR. ARMSTRONG: I have a brief
4 litigation for executive session, but nothing else
5 for the public meeting.
6 MR. KERRICK: Next item, new
7 business, consider awarding the Lake Naomi
8 pedestrian bridge and trail bid. Wendi, can you
9 help us out there. We are talking about the
10 pedestrian bridge.
11 MR. ARMSTRONG: I guess the bids
12 were opened towards the end of December. I believe
13 everyone -- well, at least I received, all of you
14 received totals from the people, the companies that
15 submitted bids. It looks like the lowest bidder is
16 Papillon & Moyer Construction.
17 MR. KERRICK: Yes. There was
18 four bidders. There was -- help me out Wendi.
19 MS. FREEMAN: There were four
20 bids received.
21 MR. KERRICK: But if we awarded
22 it there was still some things that needed to be
23 worked out with -- was it Pat?
24 MR. ARMSTRONG: I looked over
25 the bid documents from Papillon Moyer who was the
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1 low bidder. They seem all in place. For some
2 reason or another I didn't get a copy of the full
3 contract documents. I am assuming because they
4 wanted to -- I think I got it from you Wendi.
5 MS. FREEMAN: I sent them in
6 digital form. If you need me to resend it, I'm
7 happy to do that.
8 MR. ARMSTRONG: I think
9 logistically speaking, if and when the time comes,
10 if the board awards the bid, it is a contract with
11 the township, so the contract and all the documents
12 associated with it should most likely come from the
13 township at this point to notify the bidder who is
14 being awarded.
15 MS. FREEMAN: And also PennDOT
16 requires a letter from you. I think I sent you
17 that information stating that.
18 MR. KERRICK: I think time was
19 very important on this due to PennDOT's funding.
20 They wanted to get this thing moving.
21 We could approve it pending
22 Pat's review and --
23 MR. ARMSTRONG: If you want to
24 approve or award the bid to the lowest responsible
25 bidder, the conditions I have in my mind, I
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1 actually jotted them down, is that the bidder now
2 execute the full contract within the bid documents;
3 that Lake Naomi, because of the letter of credit
4 being waived, have Lake Naomi sign or have an
5 addendum, basically, you know, having them join in
6 specifically to the actual bid document, just, you
7 know, another safe net for the township; approval,
8 you know, conditional obviously on PennDOT's
9 approval of the bidder submitting their bid; and I
10 don't know if the township engineer -- there is
11 three engineers involved in this matter. There is
12 Bob McHale from the township who I think has
13 minimal involvement in this. Then there is Langan
14 who is -- is Lake Naomi's engineer? And then there
15 is PennDOT. There is three engineers that should
16 most likely look at this. I don't know if they
17 have or not. They have? Make sure that they are
18 all on board with the contractor we are awarding
19 to. And just -- I said it before, I just want
20 another confirmation that the grant funds are there
21 and that PennDOT is going to be -- the township is
22 going to be getting those grant funds.
23 MR. KEENER: I make a motion we
24 approve the contract for Lake Naomi pedestrian
25 bridge and trail bid to the lowest responsible
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1 bidder, Papillon & Moyer Construction, in the
2 amount of $217,497.04 subject to the satisfaction
3 of the township solicitor and the items he just
4 noted in the minutes and review and approval of the
5 various engineers that are involved in the project,
6 and subject to the grant dollars available.
7 MR. KERRICK: Motion on the
8 floor. Do we have a second?
9 MR. MOYER: Second.
10 MR. KERRICK: Motion and second.
11 Questions or comments? Questions or comments from
12 the public?
13 MS. FREEMAN: Yes. Could we
14 have a copy of those conditions, Patrick?
15 MR. ARMSTRONG: Yeah. Probably
16 what I'll be doing -- are you going to be in the
17 office?
18 MS. FREEMAN: I am.
19 MR. ARMSTRONG: I'll call you
20 tomorrow.
21 MS. FREEMAN: That's fine.
22 I couldn't write as quick as you
23 spoke.
24 MR. ARMSTRONG: I can give it to
25 you after the meeting too, if you prefer.
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1 MR. KERRICK: Any other
2 questions?
3 Call the vote. Jamie.
4 MR. KEENER: I vote in favor.
5 MR. KERRICK: Anne.
6 MRS. LAMBERTON: I'll abstain.
7 MR. KERRICK: Donnie.
8 MR. MOYER: I vote in favor.
9 MR. KERRICK: Heidi.
10 MS. PICKARD: Vote in favor.
11 MR. KERRICK: And I'll vote in
12 favor. Motion carried.
13 Next item, lot joinder, Joyce
14 Felberg, Lot 11 and 12 Arrowhead Lake. I believe,
15 Heidi, correct me if I'm wrong, this was before
16 us --
17 MS. PICKARD: She wanted a
18 waiver of the requirements. She was denied that.
19 She went ahead and did it and we have everything.
20 MR. KERRICK: Entertain a
21 motion.
22 MR. PICKARD: Make a motion we
23 approve the lot joinder, Joyce Felberg, Lots 11 and
24 12 Arrowhead Lake.
25 MR. KERRICK: Second?
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1 MR. MOYER: Second.
2 MR. KERRICK: Questions or
3 comments by the board on the motion? Questions or
4 comments from the public on the motion?
5 Call the vote. Jamie.
6 MR. KEENER: I vote in favor.
7 MR. KERRICK: Anne.
8 MRS. LAMBERTON: I vote in
9 favor.
10 MR. KERRICK: Donnie.
11 MR. MOYER: I vote in favor.
12 MR. KERRICK: Heidi.
13 MS. PICKARD: I vote in favor.
14 MR. KERRICK: And I'll vote in
15 favor. Motion carried.
16 Do we have any new business?
17 MS. PICKARD: We may need a
18 motion on Matzel to release that line of credit.
19 MR. KERRICK: Do you --
20 MR. ARMSTRONG: Subject to
21 confirming that all the professional services and
22 fees have been satisfied by the applicant.
23 MR. KEENER: Make a motion we
24 return the original letter of credit for Matzel
25 Development at Greenwood, LLC, subject to the
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1 engineer's confirmation that the services have been
2 adequately performed.
3 MR. KERRICK: Do we have a
4 second?
5 MRS. LAMBERTON: Second.
6 MR. KERRICK: Motion and second.
7 Questions or comments? Questions or comments from
8 the public on the motion?
9 Call the vote. Jamie.
10 MR. KEENER: I vote in favor.
11 MR. KERRICK: Anne.
12 MRS. LAMBERTON: I vote in
13 favor.
14 MR. KERRICK: Donnie.
15 MR. MOYER: I vote in favor.
16 MR. KERRICK: Heidi.
17 MS. PICKARD: Vote in favor.
18 MR. KERRICK: And I'll vote in
19 favor. Motion carried. Do we have anything else?
20 MS. PICKARD: Just the minutes.
21 I'll make a motion we approve
22 the November 9th, 2009 minutes subject to a
23 correction on Page 9, Line 12. That should be
24 just, j-u-s-t instead of jut.
25 MR. KERRICK: Motion on the
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1 floor with the correction. Do we have a second?
2 MR. KEENER: Second.
3 MR. KERRICK: Motion and second.
4 Question or comments? Questions or comments on the
5 motion?
6 Call the vote. Jamie.
7 MR. KEENER: I vote in favor.
8 MR. KERRICK: Anne.
9 MRS. LAMBERTON: I vote in
10 favor.
11 MR. KERRICK: Donnie.
12 MR. MOYER: I vote in favor.
13 MR. KERRICK: Heidi.
14 MS. PICKARD: Vote in favor.
15 MR. KERRICK: And I'll vote in
16 favor. Motion carried.
17 Pat, do you have anything else?
18 MR. ARMSTRONG: Just executive
19 session, briefly.
20 MR. KEENER: I make a motion to
21 adjourn.
22 MR. KERRICK: Carl, do you have
23 anything? Wendi?
24 MS. PICKARD: We scheduled
25 Arrowhead?
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1 MR. KERRICK: We scheduled
2 Arrowhead for February 1st.
3 MRS. LAMBERTON: 3:30.
4 MR. KERRICK: Anything else?
5 Thank you for coming. We are adjourned.
6 (Meeting adjourned at 5:05 p.m.)
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7 I hereby certify that the
8 proceedings and evidence are contained fully and
9 accurately in the notes taken by me at the hearing
10 in the above matter; and that the foregoing is a
11 true and correct transcript of the same.
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15 JOSEPHINE HOLLMAN, C.R.
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