Before
                     THE TOBYHANNA TOWNSHIP BOARD OF SUPERVISORS
                                            ---
                In Re:  Regular Business Meeting


                                            ---
                   Tobyhanna Township Government Center Building
                                       State Avenue
                          Pocono Pines, Pennsylvania  18350
                     Monday, June 11, 2007, beginning at 7 p.m.
                                            ---



                PRESENT:JOHN E. KERRICK, Chairperson
                        HEIDI A. PICKARD, Vice-Chairperson
                        ANNE SINCAVAGE, Board Member
                        JAMES B. KEENER, Board Member
                        EMANUEL KAPELSOHN, ESQUIRE, Solicitor

                                       ---









                                     Panko Reporting
                              537 Sarah Street, 2nd Floor
                            Stroudsburg, Pennsylvania 18360
                                     (570) 421-3620



                                                                        2
           1                         MR. KERRICK:  Call the meeting
           2    to order.  I'd like to welcome everyone here this
           3    evening.  First item on our agenda is consider the
           4    minutes of April 2nd, 2007, regular business
           5    meeting.
           6                         MS. PICKARD:  Motion to approve.
           7                         MS. SINCAVAGE:  Second the
           8    motion.
           9                         MR. KERRICK:  Motion and second.
          10    Any questions or comments from the board?
          11    Questions or comments from the public on the
          12    motion?
          13                         MS. SNELL:  Sue Snell.  On page
          14    40, I believe that Mr. Heino Fette was speaking
          15    regarding the enhanced 911, 40 and it goes on to
          16    41.  It says Herman in the minutes.  I believe it's
          17    Heino.
          18                         MR. KERRICK:  Thank you.  Any
          19    other corrections or comments?
          20                         MS. PICKARD:  I'll amend my
          21    motion to include the correction.
          22                         MS. SINCAVAGE:  Second.
          23                         MR. KERRICK:  Call the vote.
          24    Anne?
          25                         MS. SINCAVAGE:  I vote in favor.



                                                                        3
           1                         MR. KERRICK:  Jamie?
           2                         MR. KEENER:  I abstain.
           3                         MR. KERRICK:  Heidi?
           4                         MS. PICKARD:  I vote in favor.
           5                         MR. KERRICK:  I vote in favor.
           6    Motion carried.
           7                         Next on our agenda.  Pay our
           8    current obligations dated June 11, 2007.  The
           9    total amount for board approval is $149,185.39.
          10                         MS. PICKARD:  I make a motion we
          11    approve the bill packet dated June 11, 2007 in the
          12    amount of $149,185.39.
          13                         MS. SINCAVAGE:  Second.
          14                         MR. KERRICK:  Motion and second.
          15                         Any questions or comments from
          16    the board?  Questions or comments from the public
          17    on the motion?
          18                         Call the vote.  Anne?
          19                         MS. SINCAVAGE:  I vote in favor.
          20                         MR. KERRICK:  Jamie?
          21                         MR. KEENER:  I vote in favor.
          22                         MR. KERRICK:  Heidi?
          23                         MS. PICKARD:  I vote in favor.
          24                         MR. KERRICK:  I vote in favor.
          25    Motion carried.



                                                                        4
           1                         Solicitor's report.
           2                         MR. KAPELSOHN:  Nothing at this
           3    time.
           4                         MR. KERRICK:  First item on our
           5    agenda for new business, Pinecrest Phase 1C, letter
           6    of credit reduction.  Anyone here representing
           7    Pinecrest?  We'll hold that one.  Maybe somebody
           8    will come.
           9                         Next on our agenda, Greenwood
          10    Acres Sanitary Sewer Main Extension, letter of
          11    credit reduction.  Anyone here representing
          12    Greenwood Acres?
          13                         How about Keswick Pointe?
          14                         MR. CHARLES HANNIG:  We are
          15    here.
          16                         MR. KERRICK:  Keswick Pointe
          17    PRD, Phase 1.  You have the floor.
          18                         MR. CHARLES HANNIG:  We have
          19    basically reviewed our current list of to dos and
          20    have basically, I think, as you know, met all the
          21    conditions of the planning commission and we are
          22    here now.  I believe that items 1, 11, 20 and 24
          23    and 33 are all in the capable hands of your
          24    solicitor.  I believe that he and I have gone
          25    around on three of those items related to the



                                                                        5
           1    protective covenants.  I took his input from the
           2    last meeting; resent it with changes and a couple
           3    of paragraphs that I had changed in there to do
           4    with some of the changes relative to central water
           5    and sewer.
           6                         I think the only open item, and
           7    I don't know where we are in progress with that, is
           8    comment number 20 and that is the draft maintenance
           9    agreement.  I believe that Bob McHale was working
          10    in conjunction --
          11                         MR. KAPELSOHN:  Developer's
          12    agreement.
          13                         MR. CHARLES HANNIG:  Developer's
          14    agreement.
          15                         MR. KAPELSOHN:  I have just got
          16    a message from him today that he's got a draft
          17    ready to get back to me.  The ball had been in his
          18    court.  So we are moving along on it.  We expect to
          19    have it soon.
          20                         MR. CHARLES HANNIG:  And I know
          21    that there is a number of things that we kind of
          22    gathered along the way and set aside to be
          23    incorporated into the agreement, so I assume that
          24    you were content with what I sent back, the
          25    corrections --



                                                                        6
           1                         MR. KAPELSOHN:  I have to tell
           2    you I haven't finished looking at them yet, but I
           3    will get that done shortly.  I have been out of the
           4    office most of the last two weeks on various
           5    things.
           6                         MR. CHARLES HANNIG:  Okay.  I
           7    would really like to get that accomplished.
           8    Likewise, I resent a copy of the memo of
           9    understanding on Maple Road that was drafted
          10    between myself and Mark Sincavage as to what our
          11    memo of understanding was, as far as we could at
          12    least advance it to the satisfaction of the
          13    township, you know, pending bidding and so forth
          14    for services, but I think that that letter pretty
          15    much outlined everything as we understood it to be
          16    and a copy of that was likewise sent to you for
          17    review.
          18                         MR. KAPELSOHN:  I did receive
          19    it.  I have not finished reviewing it yet.
          20                         MR. CHARLES HANNIG:  You've not
          21    reviewed that either?  Okay.
          22                         That leaves us to other items
          23    which are of significance.  Items 3, 12, 15, 19, 30
          24    and 36.  I'll go through those one at a time.
          25                         MR. KERRICK:  Three, 12, 15, I'm



                                                                        7
           1    sorry, 19?
           2                         MR. CHARLES HANNIG:  Three, 12,
           3    15, 19, 30 and 36.  Several of these, three, 12 and
           4    36, all relate to our public water supply permit
           5    which has all been satisfactorily submitted and
           6    received by DEP, including our business plan which
           7    was under preliminary review.  They wanted us to
           8    expand that.  I believe everything has been
           9    completed for the DEP, the water supply.  So that's
          10    actively being reviewed.
          11                         With regard to Item 15, it has
          12    to do with our HOP and the plans there.  It's been
          13    reviewed and it's going to be resubmitted.  There
          14    is, I think, a couple of items.  Would you like to
          15    elaborate on that?
          16                         MR. CASEY CAWLEY:  Yes.  I don't
          17    have the list of comments with me, but there were
          18    some concerns from the department of
          19    transportation, just some things they wanted to see
          20    revised and or clarified and we are just going
          21    through the process of answering those comments and
          22    resubmitting.
          23                         MR. CHARLES HANNIG:  There was
          24    one other item that I had made a note of and that
          25    was a comment from the township engineer to



                                                                        8
           1    PennDOT.  Unfortunately, it was a negative comment,
           2    in my view, in that the phraseology was he would
           3    hope they wouldn't issue a permit until such time
           4    as we deposit our fair share to the township.  And
           5    I just hope that it didn't hold up their review
           6    because of that comment.  They were looking for
           7    favorable review from the township and that was one
           8    part that I felt was negatively presented,
           9    especially in view of the fact that on several
          10    occasions I not only met to determine what that
          11    was -- our original calculations came out to $8,000
          12    and we rounded it up to 10 thousand.  Upon Bob's
          13    review and his numbers, we got up to 20 thousand.
          14    So I said fine and I agreed to supply the 20
          15    thousand.  As a matter of fact, I'm transferring
          16    that to the township probably by tomorrow.  If you
          17    read my correspondence I added that to the EDU
          18    amount to not only make it a round number but --
          19    and I think our bank was having a little bit of a
          20    struggle with the township to ask to transfer all
          21    the funds.  And we recommended making two transfers
          22    in two different accounts, one for the sewer and
          23    one for the general or escrow account, where ever
          24    you keep the fair share of funds.  It could be in
          25    your general account just marked as a fund balance



                                                                        9
           1    for that purpose, if you have a separate escrow for
           2    those kinds things.  I didn't know.  It didn't seem
           3    like it should be with the sewer funds.  So we
           4    recommended two transfers.  It could be
           5    simultaneous, but isolate the amounts totalling 700
           6    thousand.  But with that, I'm hoping we can have a
           7    positive comment to PennDOT so that they don't hold
           8    up our review of the permitting.
           9                         And I guess the biggest one
          10    that's still open, obviously, is our NPDES permit
          11    which is -- currently we, this past week, did test
          12    pits.  And soil testing will be provided to them to
          13    augment that submittal.
          14                         Was there anything else besides
          15    that?
          16                         MR. CASEY CAWLEY:  The NPDES, we
          17    are doing the soil testing to do a sort of an
          18    addendum to our previous submission that they
          19    require under the new regulations, just to
          20    supplement our previous.
          21                         MR. CHARLES HANNIG:  So at this
          22    point, other than the draft maintenance agreement
          23    which I have not seen as of yet, the solicitor's
          24    favorable review of things he sent me that I sent
          25    back to him and the outside permits, I think we've



                                                                        10
           1    done all that we can do to date.  And, likewise, we
           2    are transferring the funds for the EDU's.  A letter
           3    of clarification that I received this week that
           4    finally precipitated my ability to generate the
           5    funds, was received by your solicitor.  I had asked
           6    the question a while back, if we were to advance
           7    these funds, you know, in advance of approval, if
           8    something happens in the interim, would the
           9    township re-buy the EDU's.  Of course I had a
          10    favorable response that you would and I'm assuming
          11    from reading the letter, there would be a full
          12    value.  So with that, we did contact our bank upon
          13    sending you this letter and all that is in the
          14    works and may be transferred by tomorrow.  The
          15    problem is it's coming from several banks and being
          16    coordinated by my lead bank.  That's the status on
          17    that.
          18                         Any questions for me at this
          19    time?  Would someone like to articulate to me at
          20    what point you generally approve projects?
          21                         MR. KERRICK:  I would say HOP is
          22    an outside agency so that shouldn't come into play.
          23    I would say that the developer's agreement, as soon
          24    as that gets completed, which hopefully that gets
          25    completed by the end of the week.



                                                                        11
           1                         MR. KAPELSOHN:  He submitted it.
           2    I just have to review it.
           3                         May I ask a question.  You
           4    submitted a letter of intent or letter of
           5    understanding between yourself and Mark Sincavage
           6    on that?
           7                         MR. CHARLES HANNIG:  Yes.
           8                         MR. KAPELSOHN:  Is it your
           9    intention that that be then embodied in a formal
          10    agreement or that the letter of intent be
          11    sufficient?
          12                         MR. CHARLES HANNIG:  I think if
          13    you read the letter, you will find it does both.
          14    That's my opinion.  It's about as legalese as I
          15    feel I could make it without putting a lot of extra
          16    bells and whistles on it.  I think it really goes
          17    to intent.  And it is an agreement.
          18                         MR. KAPELSOHN:  Thank you.
          19                         MR. CHARLES HANNIG:  We need an
          20    agreement between ourselves for our own benefit as
          21    well as for the township because of how it's going
          22    to be operated for both developments.  So I think
          23    it mirrors all discussions we've had to date.  The
          24    only thing I couldn't get my hands around, in
          25    fairness, until it's all done, it's hard for Mark



                                                                        12
           1    and I to contract for services until we see what it
           2    is exactly I'm asking him to do.  And it probably
           3    will not be just one menu item, there may be
           4    several things that we ask, like snow removal,
           5    besides just that little segment.  So I'd rather
           6    have the dinner price than the ala carte.  It's
           7    hard to get that in the middle of the summer, the
           8    price for that that far ahead.  There probably
           9    would be some other things that he would be
          10    providing services for in addition.  And that's
          11    addressed in the agreement.
          12                         So upon the acceptance of a
          13    developer's agreement, per se, you would approve
          14    subject to outside agency, is that what I'm
          15    hearing?  Because we are down to that.  It's
          16    unfortunate that Mr. Kapelsohn has been busy and
          17    didn't get to that, but I think a lot of it is --
          18    and Bob has quite a bit to weave in because of all
          19    these loose ends we kind of shoved over into that
          20    basket.  I think there is probably four or five
          21    items that aren't being addressed by that.  So that
          22    developer's agreement will probably be a little
          23    more detailed as well.  Updating the cost, that
          24    will be part of that agreement.
          25                         Any other questions for me?



                                                                        13
           1    Based on that, Mr. Kapelsohn has given me an
           2    extension because I believe our wick burns out on
           3    July 1st, so we won't have an opportunity for
           4    another meeting, without that.
           5                         MR. KAPELSOHN:  Is that
           6    acceptable to you?
           7                         MR. CHARLES HANNIG:  I guess it
           8    has to be or I go back to square one.  Yes.
           9                         If there is no other questions,
          10    that's all I have to say.
          11                         MR. KERRICK:  I have no
          12    questions.
          13                         MS. PICKARD:  Are we just
          14    extending it to the next meeting?
          15                         MR. CHARLES HANNIG:  I'll sign
          16    that while we are here.  This extends it to
          17    September, just in case.  I'd like to get some work
          18    done while the sun is shining.
          19                         MR. KEENER:  If you can go
          20    through again what it is you feel -- we have a
          21    March 30th letter, I guess is the latest -- the
          22    items again that are outstanding?
          23                         MR. CHARLES HANNIG:  We had
          24    communicated -- Casey, do you have your memo with
          25    you?



                                                                        14
           1                         MR. CASEY CAWLEY:  Yes.
           2                         MR. CHARLES HANNIG:  Casey
           3    responded via email to Bob.  I just gave you a
           4    digest.  If you go through it.
           5                         MR. CASEY CAWLEY:  Okay.  There
           6    is a number of items that have been submitted or
           7    resubmitted to the solicitor for review.  Those are
           8    comment number 1, number 11 -- you want me to go
           9    through what they are?
          10                         MR. KEENER:  No, just the ones
          11    remaining to be addressed.  I think you went
          12    through 3, 12, 15,19.
          13                         MR. CASEY CAWLEY:  Thirty and
          14    36.  They were all outside agencies.
          15                         MR. KERRICK:  Three, 12, 15, 19,
          16    30 and 36.
          17                         MR. KEENER:  All right.  That's
          18    fine.
          19                         MR. CASEY CAWLEY:  Okay.
          20                         MR. KERRICK:  Any other
          21    questions for Mr. Hannig.  We should be able to put
          22    him on the agenda for July.
          23                         MR. KAPELSOHN:  I would think
          24    so.  I understand from you all tonight that Bob
          25    McHale has the developer's agreement ready for me



                                                                        15
           1    to look at it.
           2                         MS. PICKARD:  I think he sent
           3    it.
           4                         MR. KERRICK:  I think he emailed
           5    it to you today.
           6                         MR. CHARLES HANNIG:  As soon as
           7    you can get that to me, we'll go back and forth
           8    maybe once or twice so we can be ready for the next
           9    meeting.  I certainly appreciate that if it's
          10    possible.
          11                         MR. KERRICK:  Thank you, Mr.
          12    Hannig.
          13                         MR. CHARLES HANNIG:  Thank you.
          14                         MR. KERRICK:  Go back to
          15    Pinecrest, Phase 1C, letter of credit reduction.
          16    Item A in your packet.  They are requesting a
          17    reduction by $31,680.
          18                         MS. PICKARD:  I make a motion
          19    that we approve the Reduction Credit No. 5 in the
          20    amount of $31,680, Pinecrest Lake, LLC.
          21                         MS. SINCAVAGE:  I'll second the
          22    motion.
          23                         MR. KERRICK:  Motion and second.
          24    Any questions or comments from the board?
          25                         Questions or comments from the



                                                                        16
           1    public on the motion?
           2                         Call the vote.  Anne?
           3                         MS. SINCAVAGE:  I vote in favor.
           4                         MR. KERRICK:  Jamie?
           5                         MR. KEENER:  I vote in favor.
           6                         MR. KERRICK:  Heidi?
           7                         MS. PICKARD:  I vote in favor.
           8                         MR. KERRICK:  Motion carried.
           9                         Next on our agenda, Greenwood
          10    Acres Sanitary Sewer Main Extension, Proposed
          11    Letter of Credit Reduction, Item B in your packet.
          12                         I have questions for you, Manny,
          13    on the letter of credit.  You have to extend that.
          14    Can we work that into our motion?
          15                         Basically they are asking a
          16    letter of credit be reduced to $171,320.00, reduced
          17    to $34,264.00.  That would be 20 percent for 18
          18    months.  So when you make your motion, their letter
          19    of credit runs out or expires June 23rd. Our
          20    engineer would like it extended to December 23rd,
          21    2008.  That would be 18 months.  If you could craft
          22    that into a motion.
          23                         MR. KAPELSOHN:  Condition the
          24    reduction and the letter of credit amount to it
          25    being extended to that date.



                                                                        17
           1                         MS. PICKARD:  Okay.  I'll make a
           2    motion that we reduce the letter of credit from
           3    Greenwood Crest at Greenwood Acres, Matzel
           4    Development Sanitary Sewer Extension, and the
           5    reduction would be from $171,320.00 to $34,264.00
           6    based on the extension of the letter to expire not
           7    before December 23rd, 2008.
           8                         MR. KERRICK:  Is that
           9    satisfactory?
          10                         MR. KAPELSOHN:  Sounds good.
          11                         MR. KERRICK:  Motion on the
          12    floor.  Do we have a second?
          13                         MR. KEENER:  I'll second it.
          14                         MR. KERRICK:  Motion and second.
          15    Any questions or comments from the board on the
          16    motion?
          17                         MR. KEENER:  Just a question.
          18    On page 1 it talks about 15 percent for 18 months
          19    for the maintenance bond.  That amount being held
          20    is not the maintenance bond but the letter of
          21    credit, correct?  Until such time as --
          22                         MR. KERRICK:  The 5 percent is
          23    for the as-builts.  They have not been submitted.
          24    I believe that's on the top of page 3.
          25                         MR. KEENER:  Okay.



                                                                        18
           1                         MR. KERRICK:  That would be the
           2    maintenance bond.
           3                         Any other questions from the
           4    board?  Questions or comments from the public on
           5    the motion?
           6                         Call the vote.  Anne?
           7                         MS. SINCAVAGE:  I vote in favor.
           8                         MR. KERRICK:  Jamie?
           9                         MR. KEENER:  I vote in favor.
          10                         MR. KERRICK:  Heidi?
          11                         MS. PICKARD:  I vote in favor.
          12                         MR. KERRICK:  I vote in favor.
          13    Motion carried.
          14                         Do you have anything?
          15                         MR. KAPELSOHN:  No.
          16                         MR. KERRICK:  You have some
          17    announcements.
          18                         MS. PICKARD:  I have some
          19    announcements.  The Township of Tobyhanna Board of
          20    Supervisors is currently accepting resumes or
          21    letters of interest for residents interested in
          22    serving on the planning commission for the
          23    township.  The planning commission meetings are on
          24    the first Thursday of each month at 7 p.m. and
          25    letters and resumes are being accepted through



                                                                        19
           1    Wednesday, June 27th, 2007 until 3 p.m. here at the
           2    Government Center.
           3                         I had a note here about the July
           4    2nd work session.  We are still having our July
           5    work session at 10 a.m.?
           6                         MR. KERRICK:  Unless you want to
           7    change it.  That's fine with me.  July 2nd, 10 a.m.
           8                         MS. PICKARD:  I also want to
           9    announce that July 14th from 3 to 9 is our
          10    community day here at the park.
          11                         And we have pool registration
          12    dates that are still available, Monday June 18th,
          13    from 10 a.m. to 7 p.m.; Friday June 22nd, 10 a.m.
          14    to 7 p.m.; Saturday, July 23rd, from 9 a.m. until
          15    noon; and Friday, June 29, 10 a.m. to 4 p.m.  And
          16    if you cannot make these dates, there will be a
          17    five dollar per person charge.  And you must show
          18    proof of residency which would be a tax bill, lease
          19    agreement or PP&L bills with the physical address.
          20    And each family member needs to have a photo ID.
          21    Family rates are 50 dollars.  Daily rates, to 12,
          22    it would be a dollar per diem; age 16, 2 dollars;
          23    and 17 to adults 3 dollars.  We are also having
          24    swim program sign-ups.  You can register from 8 to
          25    4:30 up here at the Government Center.  They are



                                                                        20
           1    six weeks.  There will be a skilled assessment
           2    class on Tuesday, June 19th at 9:30 a.m.  Sessions
           3    will run from June 21st to August 2nd, Tuesdays and
           4    Thursdays from 9 to 10:30, depending on the class.
           5    The beginners will be at 9, the intermediate at
           6    9:30 and the sport development at 10.  And the
           7    classes run 30 dollars for the six-week session.
           8    Registration, first come first serve.  Proof of
           9    residency required.
          10                         MR. KERRICK:  Thank you.  Anyone
          11    else from the board?  Anyone from the public have
          12    anything?
          13                         MR. CHARLES HANNIG:  I just want
          14    to submit this and maybe you could alter your
          15    record under Keswick.  This is the extension that
          16    you've asked for which is a waiver of procedural
          17    time requirements.  It's been amended to, as of
          18    this date, to the 9th day of September.  If
          19    somebody could fax me a copy.
          20                         MR. KAPELSOHN:  That's fine.
          21                         MR. KERRICK:  Anyone else from
          22    the public?  Mr. Martin.
          23                         MR. MARTIN:  I was wondering if
          24    Mr. Hannig's hydrologist has done any more testing
          25    on any other wells surrounding the development on



                                                                        21
           1    the impact of the surrounding wells?
           2                         MR. KERRICK:  I can't answer.
           3    Do you have anybody that can answer that?
           4                         MR. MARTIN:  I understand you
           5    only tested one well.
           6                         MR. CHARLES HANNIG:  We
           7    submitted several wells that we tested in
           8    conjunction with our commercial well, because we
           9    are no longer putting on-site wells.  We are having
          10    central water.
          11                         MR. MARTIN:  I know that.  The
          12    central water is going to be drawing somewhere in
          13    the neighborhood of like more than a million
          14    gallons a month out of the water table and I'm
          15    wondering what kind of affect that will have on the
          16    surrounding wells.
          17                         MR. CHARLES HANNIG:  I have to
          18    read the report to give you the answer.  I'm not
          19    sure if that number is correct or not.
          20                         MR. MARTIN:  Well, if you count
          21    your EDU's times the amount of --
          22                         MR. CHARLES HANNIG:  Probably
          23    all of that is in the reports.
          24                         MR. MARTIN:  I think it's 1.2
          25    million gallons a month.



                                                                        22
           1                         MR. CHARLES HANNIG:  I think the
           2    short answer to your question is, no, we'll not
           3    affect the surrounding wells or we would have had
           4    to obviously mitigate that problem.  The water
           5    table that we are in is probably closer to 300 feet
           6    deep and most of the aquifers in your area that
           7    people are in, are pretty much shallow wells.  Some
           8    of them are even 100 foot deep from the records
           9    that we have and my memory of it.
          10                         MR. MARTIN:  The wells in my
          11    development go up to 300 feet.
          12                         MR. CHARLES HANNIG:  Yours is a
          13    little different purpose.  But other residences
          14    around that area, they are pretty shallow.  The
          15    amount of water that we had available in the
          16    aquifer, which would be the same one you should be
          17    in if it's 300 feet deep, was double what was
          18    required for the development.  So I don't really
          19    believe that it's going to affect your well
          20    particularly.  The others, I think, unfortunately,
          21    most of those people are drawing from each other in
          22    the shallow aquifers, based on our geologist.  But,
          23    again, the short answer is no, we are not going to
          24    affect by our draw down, even after a prolonged
          25    test of our commercial well, which was drawing over



                                                                        23
           1    100 gallons a minute.  It was almost an
           2    insignificant amount of water they were pulling for
           3    several days.  Do you have copies of those that are
           4    available?
           5                         MR. KERRICK:  Not right now.
           6                         MR. CHARLES HANNIG:  If somebody
           7    wanted to come in --
           8                         MR. KERRICK:  Yes.  You can come
           9    in and look at anything.
          10                         MR. MARTIN:  Are you going to
          11    make any like guarantees, like if people's wells
          12    start going dry, any deposits made against any
          13    impacts?
          14                         MR. CHARLES HANNIG:  No, I don't
          15    believe so, because we've already done I think
          16    significant studies that show that that will not
          17    occur.  And there is so many variables, that
          18    entering into something like that would be not a
          19    wise choice for me, because there is too many
          20    reasons people can say they don't have water and
          21    come point at me.  I have done the studies.  I have
          22    hired the proper people that have the background
          23    and knowledge of these things far beyond my own.  I
          24    think we've exhausted the study not once but twice,
          25    once when we were going to do onsite wells and then



                                                                        24
           1    we went in favor of commercial and putting in over
           2    a three million dollar water system so that we
           3    could have fire flow to our residences.  So I think
           4    we've done things as responsibly as anyone could
           5    do.  I can assure you, these folks have made sure
           6    that I have done that and so has the engineer on
           7    behalf of the township.
           8                         MR. MARTIN:  This question is
           9    for the board.  When Pocono Manor was being
          10    proposed, there was a guarantee that he had to
          11    deposit like $100,000 against impact to surrounding
          12    wells.  I'm wondering why the board is not
          13    considering adding this.  Like you were going to
          14    make them put 100 thousand dollars in the bank
          15    against impact of anybody's wells going dry.  That
          16    was conditioned on giving him a permit at the time
          17    before they shot his license down.
          18                         MR. KERRICK:  I don't recall
          19    that.  I don't want to comment because I don't
          20    recall that.
          21                         MR. MARTIN:  You'd have to go
          22    back -- I think it was the December 18th meeting.
          23    You might want to look at the minutes there.
          24    Somebody in the audience made that comment.  I
          25    believe Mr. Kapelsohn, you're the one who said



                                                                        25
           1    there is $100,000 on deposit against the impact.
           2                         MR. KAPELSOHN:  I've got to say
           3    I don't remember.
           4                         MR. MARTIN:  You're a busy guy.
           5    You probably don't remember what you said
           6    yesterday.
           7                         MR. KAPELSOHN:  I hope I
           8    remember what I said yesterday.
           9                         MR. MARTIN:  Then you also made
          10    a comment that if more is needed, more would be put
          11    in there.
          12                         MR. KAPELSOHN:  I don't remember
          13    any of that, sir.  And I hope not to attribute that
          14    to Alzheimer's or memory lapses.  I don't think
          15    that that occurred.  December 18th of this year?
          16                         MR. MARTIN:  Yes.  Of 2006.
          17                         Monday, December 18th, special
          18    business meeting.  I believe it was made at that
          19    time.  I was sitting here when that comment was
          20    made.
          21                         One other thing.  What is the
          22    status with the Department of Environmental
          23    Protection and the sewers concerning this project?
          24    Like are they guaranteed connection to the sewer,
          25    the Blakeslee system?



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           1                         MR. KERRICK:  Yes.
           2                         MR. MARTIN:  DEP agreed with
           3    that?
           4                         MR. KERRICK:  Yes.
           5                         MR. MARTIN:  That's all I got.
           6                         MR. KERRICK:  Thank you, Mr.
           7    Martin.
           8                         Anyone else have anything for
           9    the board?  Mr. Schurr?  No one?  We are adjourned.
          10    Thank you for coming.
          11                         (Meeting adjourned at 7:35 p.m.)
          12                                ---
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           5                         I hereby certify that the
           6    proceedings and evidence are contained fully and
           7    accurately in the notes taken by me at the hearing
           8    in the above matter; and that the foregoing is a
           9    true and correct transcript of the same.
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          13                             JOSEPHINE HOLLMAN, C.R.
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