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, August 13, 2007 beginning at 7:19 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
ANNE SINCAVAGE, Board Member
HUGH LAMBERTON, Board Member
JAMIE B. KEENER, Board Member
EMANUEL KAPELSOHN, ESQUIRE, Solicitor
ALSO PRESENT: PHYLLIS HAASE, Zoning Officer
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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. Could I open the
3 meeting with the Pledge of Allegiance, please?
4 (Pledge of Allegiance was
5 recited.)
6 MR. KERRICK: First order of
7 business, consider the minutes of May 7, 2007
8 special meeting; May 14, '07 public hearing
9 Ordinance No. 460; May 14, '07 regular business
10 meeting; May 21, '07 special meeting; June 4,
11 '07 special meeting and June 11, '07 regular
12 business meeting.
13 MS. PICKARD: I'm going to take
14 that. We have a correction to the May 14
15 regular business meeting minutes. And it would
16 be throughout the minutes they had incorrectly
17 written DC ampersand R instead of DC letter NR.
18 So that needed to be corrected in the May 14
19 minutes.
20 And I would like to make a motion
21 that we approve the May 7 special meeting
22 minutes; May 14 public hearing Ordinance 460;
23 May 14 regular business meeting; and May 21
24 special meeting; and June 4 special meeting.
25 MS. SINCAVAGE: I'll second the
3
1 motion.
2 MR. KERRICK: Motion and second on
3 the floor.
4 MS. PICKARD: And my comment is,
5 we just received the June 11 meeting at the end
6 of last week so we'll leave those for next week.
7 MR. KERRICK: Questions or
8 comments from the public on the motion?
9 Call the vote.
10 Anne?
11 MS. SINCAVAGE: I vote in favor.
12 MR. KERRICK: Jamie?
13 MR. KEENER: I abstain.
14 MR. KERRICK: Hugh?
15 MR. LAMBERTON: I vote in favor.
16 MR. KERRICK: Heidi?
17 MS. PICKARD: I vote in favor.
18 MR. KERRICK: I vote in favor.
19 Motion carried.
20 Next on our agenda, consider the
21 treasurer's report, bill pack dated August 13,
22 2007. Total amount for board approval,
23 $279,050.63.
24 MS. PICKARD: Make a motion we
25 approve the August 13 bill pack in the amount of
4
1 $279,050.63.
2 MR. LAMBERTON: Second the motion.
3 MR. KERRICK: Motion and second on
4 the floor.
5 Any questions or comments from the
6 board?
7 Questions or comments from the
8 public on the motion?
9 Call the vote.
10 Anne?
11 MS. SINCAVAGE: Vote in favor.
12 MR. KERRICK: Jamie?
13 MR. KEENER: I vote in favor.
14 MR. KERRICK: Hugh?
15 MR. LAMBERTON: I vote in favor.
16 MR. KERRICK: Heidi?
17 MS. PICKARD: I vote in favor.
18 MR. KERRICK: I vote in favor.
19 Motion carried.
20 Manny, do you have anything for
21 us, Solicitor?
22 MR. KAPELSOHN: Nothing at this
23 time.
24 MR. KERRICK: Next on the agenda,
25 new business.
5
1 MR. KAPELSOHN: John, if I may,
2 before we get into the listed agenda of new
3 business, immediately prior to this board of
4 supervisors meeting there was a public hearing
5 on the petition of Alfred Natale and David Crumb
6 to rezone part of their parcel of land, which is
7 No. 19/15/1/22-27, located on Route 940 between
8 Christ The King Family Center and the First
9 National Bank of Palmerton from low density
10 residential to commercial. And we had that
11 hearing beginning at 6:30 this evening.
12 There was a presentation by
13 counsel for the petitioner and there was
14 testimony and questions by various members of
15 the public and by the board of supervisors. And
16 I would ask whether the board of supervisors is
17 ready to vote on that petition at this time
18 either to approve or deny the petition of Natale
19 and Crumb; and if so, I think it would be
20 appropriate for someone to make a motion in that
21 regard. I know there are some members of the
22 audience here that were at that hearing and are
23 eager to know the result. And if that's going
24 to be considered, I think it would be
25 appropriate to consider it at the beginning of
6
1 this meeting instead of at the end, just in
2 courtesy to those who are still remaining to see
3 if the vote is taken tonight.
4 MR. KERRICK: There's a motion on
5 the floor?
6 MS. SINCAVAGE: So moved. Motion
7 to --
8 MR. KERRICK: To deny or approve?
9 MS. SINCAVAGE: Deny.
10 MS. PICKARD: I'll second the
11 motion.
12 MR. KERRICK: Motion on the
13 floor -- motion and second on the floor to deny
14 the request from Natale/Crumb.
15 Questions or comments from the
16 board?
17 Questions or comments from the
18 public on the motion?
19 Call the vote.
20 Anne?
21 MS. SINCAVAGE: Vote in favor.
22 MR. KERRICK: Jamie?
23 MR. KEENER: I vote in favor.
24 MR. KERRICK: Hugh?
25 MR. LAMBERTON: I vote in favor.
7
1 MR. KERRICK: Heidi?
2 MS. PICKARD: Vote in favor.
3 MR. KERRICK: Motion carried.
4 MR. KAPELSOHN: So that is a vote
5 to deny the petition of Natale and Crumb; is
6 that correct?
7 MR. KERRICK: That's correct.
8 MR. KAPELSOHN: Thank you.
9 MR. KERRICK: Thank you for your
10 patience.
11 MS. CHRISTINA ROCK: Thank you
12 very much.
13 MR. KERRICK: First on our agenda,
14 consider awarding master site plan.
15 MS. SINCAVAGE: Yes. The open
16 space advisory board met with three different
17 consulting firms to perform a master site plan
18 on the Blakeslee Natural Area. After we had our
19 interview we recommended to the -- we will
20 recommend to the board of supervisors to choose
21 Urban Research & Development/Hanover Engineering
22 to perform the master site plan in the amount of
23 $44,979 -- do we have that number?
24 MS. PICKARD: It was 49,49?
25 MS. SINCAVAGE: I thought it was
8
1 44,949 -- yes.
2 We did review each of the -- we
3 had interviewed two actually, and both of them
4 really had very good presentations but Urban
5 Research & Development/Hanover Engineering just
6 stood out. So I would like to make a motion
7 that we move forward with the master site plan
8 for the Blakeslee Natural Area, consulting firm
9 being Urban Research & Development/Hanover
10 Engineering as a consulting firm.
11 MS. PICKARD: I will second that
12 motion and mention that that is with grant money
13 that we had obtained DCNR, DC letter NR.
14 MS. SINCAVAGE: That was a DCED
15 grant. I'm sorry, too many acronyms.
16 MR. KERRICK: Motion and second on
17 the floor to approve Urban.
18 Any questions or comments?
19 MR. KEENER: Just a question. Is
20 that a lump sum or --
21 MS. PICKARD: Third page from the
22 back.
23 MR. KEENER: Okay. Thank you.
24 MR. KERRICK: Any other questions
25 from the board?
9
1 Questions or comments on the
2 motion from the public?
3 Call the vote.
4 Anne?
5 MS. SINCAVAGE: Vote in favor.
6 MR. KERRICK: Jamie?
7 MR. KEENER: I vote in favor.
8 MR. KERRICK: Hugh?
9 MR. LAMBERTON: 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 MS. SINCAVAGE: Can I just make an
15 announcement also?
16 MR. KERRICK: Sure.
17 MS. SINCAVAGE: Our next open
18 space meeting will be held at the park, and that
19 is August 20 at 6:00. We certainly welcome you
20 to attend. We'll take a tour of the park after
21 our meeting.
22 MS. PICKARD: Can I ask you one
23 question? We had the other $15,000, would that
24 be -- the committee be looking at that for our
25 park or should we be doing that ourselves?
10
1 MS. SINCAVAGE: We were going to
2 discuss it. It's on our agenda for our next --
3 our future meetings, that we did get ballpark
4 numbers to have as bills done on the existing
5 parks. So we will probably make a
6 recommendation in the next month or two to the
7 board.
8 MR. KERRICK: Are you finished?
9 MS. PICKARD: Mm-hmm.
10 MR. KERRICK: Next on our agenda,
11 Dr. Joseph Giacalone, land development plan and
12 stormwater agreement.
13 Anyone here represent them?
14 MR. KEENER: Mr. Chairman, for the
15 record, I'm going to recuse myself from this
16 application. I represent Herbert, Rowland &
17 Grubic, and H.R.G. did the plans for this
18 project.
19 MR. KERRICK: Thank you.
20 MR. JAMES C. HENDRICKS: My name
21 is Jim Hendricks, I'm with H.R.G.
22 Can I use the easel?
23 MR. KERRICK: Sure.
24 MR. KAPELSOHN: Could you
25 possibly -- if you could put it back a bit and
11
1 turn it so that the audience can see it, as well
2 as the supervisors, that would be appreciated.
3 Thanks.
4 MR. JAMES C. HENDRICKS: How's
5 that? Can you see it?
6 MR. KERRICK: If you can't see it,
7 feel free to move over that side of the room if
8 you need to.
9 MR. JAMES C. HENDRICKS: Dr.
10 Giacalone is proposing building a new
11 chiropractic healthcare center. This is going
12 to be on a one acre lot. It's located on Route
13 940. It's about not quite a mile north of 380.
14 It's right across the street from the pet supply
15 store, used to be a pizzeria. You may be
16 familiar with that.
17 The building is going to be just
18 under 3,000 square foot footprint on a one acre
19 lot. We provided for 15 parking spaces and
20 there's 14 that are required for the use. The
21 facility will be served by an on-lot water and
22 an existing sewage drain field that the S.E.O.
23 has determined is adequate for the flows that we
24 have. We will -- it will be installing a new
25 drain line from the building, new sewer lines
12
1 and also a new sump pump tank.
2 The stormwater detention is
3 managed with the rain garden up near the front
4 of the site and we have a storm retention pond
5 in the rear. This will discharge to existing
6 wetlands either through the three-inch discharge
7 pipe or through the overflow, and the rain
8 garden will eventually discharge into the
9 wetlands that are located on the side of the
10 property.
11 We have asked for three waivers.
12 One of those waivers is for showing all of the
13 associated development within 500 feet. The
14 other one is for showing all roads, named roads,
15 streets within 500 feet of the development. The
16 planning commission recommended approval of
17 those.
18 We requested another waiver from
19 the requirement to show the plan profile and
20 grade -- or the profile and grade of all
21 drainage swales. We have really only one very
22 minor swale here on the property and the
23 township engineer felt like by reviewing the
24 plans that information was provided, so he did
25 recommend approval of that.
13
1 I believe you have -- do you have
2 a set of plans in front of you?
3 MR. KERRICK: Yes, I do.
4 MR. JAMES C. HENDRICKS: Do you
5 have some specific questions that I could answer
6 regarding that?
7 There has been a highway occupancy
8 permit applied for, that has not been received
9 yet. We do -- we will state that the township
10 will be provided that as soon as it comes in.
11 The other outside agency approval that we're
12 waiting on is Monroe County Conservation
13 District. We did receive their comments. The
14 resubmittal to them went in today. Most of
15 their comments actually had to do with
16 sequencing during construction, not really with
17 how we were doing the drainage on the site.
18 The developer has signed a
19 developer's agreement and made a deposit for the
20 inspection fees and provided the fee associated
21 with the developer's agreement and the reviews.
22 MR. LAMBERTON: The existing
23 building's going to be torn down?
24 MR. JAMES C. HENDRICKS: Yes, it
25 will be. The existing building will be raised.
14
1 MS. PICKARD: Make a motion that
2 we approve the Giacalone land development plan
3 subject to the comments of our engineer, Mr.
4 McHale's review letter July 11, 2007,
5 referencing Project No. 2007-016, Review No. 2,
6 and that will be with waivers to Section
7 135-17.L and M and 124-86.B(17).
8 MR. LAMBERTON: Second the motion.
9 MR. KERRICK: Are those all the
10 waivers?
11 MS. PICKARD: Just those.
12 MR. KERRICK: Motion and second on
13 the floor to approve the land development plan.
14 Any questions or comments from the
15 board?
16 Questions or comments from the
17 public on the motion?
18 Mr. Selig?
19 MR. SELIG: I didn't hear what was
20 going in there.
21 MR. KERRICK: Chiropractor.
22 Any other questions from the
23 public on the motion?
24 Call the vote.
25 Anne?
15
1 MS. SINCAVAGE: Vote in favor.
2 MR. KERRICK: Hugh?
3 MR. LAMBERTON: I vote in favor.
4 MR. KERRICK: Heidi?
5 MS. PICKARD: I vote in favor.
6 MR. KERRICK: I vote in favor.
7 Motion carried.
8 MR. KAPELSOHN: I think we should
9 put it on the record that we have one
10 abstention.
11 MR. KEENER: I abstain.
12 MR. JAMES C. HENDRICKS: Thank you
13 very much.
14 MR. KERRICK: Next on our agenda,
15 Pinecrest Lake Companies, Inc., minor
16 subdivision lot combination.
17 (Brendon Carroll was sworn.)
18 FEMALE VOICE: I'd like you to
19 explain to us --
20 MR. BRENDON CARROLL: That's part
21 of our bulk acreage probably just off of 940
22 right before PNC Bank. We have a little over
23 two acres that backs up to the adjoining
24 existing homes on Sullivan Road. All the
25 cottages up just past where the casino was,
16
1 there's three properties that expressed interest
2 to my company to purchase the land and adjoin
3 them together for additional land for their --
4 for protection basically. They didn't want us
5 to develop it.
6 We had an interest and it's not
7 large enough to do anything with. And I've gone
8 through the planning commission with various
9 requests to combine them, instead of having six
10 lots we combined them, remove the rear lines of
11 the existing homes and combine them into one
12 large additional lot.
13 In Mr. McHale's reviews -- there
14 were a couple of reviews and requirements that I
15 think we've met all those requirements at this
16 time. I think we have a few waivers of the
17 SALDO regarding pipe lines and such things like
18 that.
19 John, I think you remember --
20 MR. KERRICK: Where was the
21 existing line?
22 MR. BRENDON CARROLL: The existing
23 line is -- it's -- actually it shows --
24 MR. KERRICK: I'm sorry.
25 MR. BRENDON CARROLL: Mr. McHale
17
1 asked us to show it the way it was, so it's
2 pretty close right to the rear. There was an
3 existing easement driveway down here, that the
4 township has a pipe there, of the utilities
5 easement for the sewage coming through Pocono
6 Pines and Lake Naomi and as well as this
7 existing driveway that existed for years.
8 MR. KAPELSOHN: No, but for the
9 record, the things being indicated by Mr.
10 Carroll are on the plan that's entitled Final
11 Minor Subdivision Plan/Lot Combination Plan,
12 Pinecrest Development Corporation with revisions
13 7/11/07 and 7/20/07, and that's the drawing of
14 which he's indicating. And also it's sheet 1 of
15 1.
16 (Inaudible comment by Mr.
17 Carroll.)
18 MR. KAPELSOHN: Are you speaking
19 for the record or --
20 MR. BRENDON CARROLL: I'm sorry, I
21 was speaking --
22 MR. KAPELSOHN: Okay.
23 MR. BRENDON CARROLL: I think
24 we've met the requirements of the township.
25 I've also added a few things that are some --
18
1 some restricted covenants, we never wanted
2 access off 940 and requested there's never any
3 billboards or advertisements on the property,
4 that we've added in agreement with all the
5 people purchasing the property.
6 MR. KERRICK: Any questions?
7 MR. KEENER: Yes. Who owns the
8 lot that the proposed 20 foot gravel driveway is
9 going to across?
10 MR. BRENDON CARROLL: The driveway
11 is existing. This an existing easement.
12 There's a -- Ms. Urban owns, we had
13 subdivided -- we had five lots to the left of
14 that property at one time. This is an existing
15 easement. This is part of -- I have the plan
16 with me if you need to see that.
17 MR. KEENER: So this is part of
18 the Herman property?
19 MR. BRENDON CARROLL: Yes, it is.
20 She purchased the property knowing that they
21 have a utilities easement, there's a big PP&L
22 power line that runs down, as well as sewer.
23 MR. KEENER: Is she aware that
24 you're proposing to put a 20 foot gravel
25 driveway there?
19
1 MR. BRENDON CARROLL: It's
2 existing. We just had -- we just had the --
3 MR. KEENER: It says proposed.
4 MR. BRENDON CARROLL: It says
5 proposed? It's existing, that we had to -- as
6 part of the review we had to guarantee that the
7 fire truck could make it down the road there. I
8 have the previous -- the adjacent subdivision
9 with me if you care to see it.
10 MR. KEENER: Yeah, if you have it.
11 MR. BRENDON CARROLL: Probably not
12 going to be (inaudible). These two -- we had
13 five lots made (inaudible), we had just already
14 had it there (inaudible section) and such in
15 there prior to the sale of this lot.
16 MR. LAMBERTON: It's an R-1.
17 MR. BRENDON CARROLL: I believe
18 it's R-2.
19 MR. KEENER: Manny, I guess this
20 is a legal question. There's the utility and
21 access easement shown on here --
22 MR. KAPELSOHN: Is that the one
23 where it shows as proposed but Mr. Carroll is
24 telling us it exists already?
25 MR. KEENER: Right.
20
1 MR. KAPELSOHN: Yes.
2 MR. KEENER: And I'm assuming that
3 that easement was transferred or that was giving
4 someone the right to access across that
5 property, but was it giving each of these
6 homeowners the right to access their lots
7 through that access easement?
8 MR. BRENDON CARROLL: The reason
9 that -- this is existing so this fellow really
10 gains access to his house right here. There's
11 an existing garage here and there's been access
12 to this house. So we maintain this new easement
13 just to protect the neighbors fighting with each
14 other and boldering off the driveway. So that's
15 part of --
16 MR. KEENER: Does this guy right
17 now have the right to access from this driveway?
18 MR. BRENDON CARROLL: He can if he
19 wants to. He -- actually his access is here to
20 get behind his house. This is existing and we
21 just verified that a fire truck could come down.
22 MR. KAPELSOHN: The general law is
23 that when you have an easement of this sort that
24 exists you cannot do something which by law is
25 deemed to increase the burden of the easement.
21
1 In other words, if we have an easement across
2 someone's property to access our residence, we
3 can't turn other residences into a business that
4 then increases the traffic on that easement
5 through someone's else's property or we can't
6 sell three lots on our residential property so
7 that three homes are now using that easement
8 that was intended for one.
9 If I correctly understand the
10 applicant's proposal, it's to simply increase
11 the size of each of the three lots that
12 currently use that easement by adding an
13 additional piece of property to each of the
14 three lots; is that correct, Mr. Carroll?
15 MR. BRENDON CARROLL: Yes.
16 MR. KAPELSOHN: And all of them
17 still would remain residential lots for one
18 residence; is that right?
19 MR. BRENDON CARROLL: Right.
20 MR. KAPELSOHN: So I don't believe
21 that that legally would be considered to
22 increase the burden on the easement. It's still
23 serving three residences. It serves three
24 residences now, if I understand it correctly.
25 So legally I think it does not create any
22
1 problem, it existed already.
2 MR. BRENDON CARROLL: It's been in
3 existence for 40 years probably.
4 MR. KEENER: When this says
5 proposed, that's what's --
6 MR. BRENDON CARROLL: Yeah. I
7 didn't -- we did it -- again, we only considered
8 what was inside the stakes and I guess there was
9 an issue with Mr. McHale's review of the fire
10 code that we had to prove that that was 20 foot
11 wide. It is a gravel somewhat unproved that it
12 does exist.
13 MR. KEENER: Right.
14 MR. KERRICK: Any other questions
15 of Mr. Carroll?
16 MS. SINCAVAGE: I'll make a motion
17 that we approve Pinecrest Lake Companies,
18 Incorporated, minor subdivision, Project No.
19 2006-027 with waivers to Section 135-12; 135 --
20 135-12.D(2); SALDO Section 135-15.A(15); SALDO
21 Section 135-17.L and M; and Chapter 124, Part
22 III, including stormwater related SALDO Sections
23 135-12.D(5)(F) and 135-17.Q.
24 Did I get it all?
25 MR. KERRICK: Could I ask you a
23
1 favor? Could you reference Bob McHale's
2 August 3 letter project number?
3 MS. SINCAVAGE: I'll amend my
4 motion to that.
5 MR. KERRICK: August 3, 2007
6 Project No. 2006-027, Review No. 2.
7 MS. PICKARD: I'll second the
8 motion.
9 MR. KERRICK: Motion and second on
10 the floor.
11 Any questions or comments from the
12 board?
13 Questions or comments from the
14 public on the motion?
15 Call the vote.
16 Anne?
17 MS. SINCAVAGE: I vote in favor.
18 MR. KERRICK: Jamie?
19 MR. KEENER: I vote in favor.
20 MR. KERRICK: Hugh?
21 MR. LAMBERTON: I vote in favor.
22 MR. KERRICK: Heidi?
23 MS. PICKARD: I vote in favor.
24 MR. KERRICK: Motion carried.
25 Thank you very much.
24
1 Next on our agenda, Resolution
2 2007-016, an amendment to our personnel policy.
3 MS. PICKARD: I just wanted to
4 make the comment that we were going to approve
5 this by resolution. We did that last time.
6 Margie requested we approve by resolution. And
7 we had one correction on our comp time that had
8 fallen off, that we had updated, that is paid
9 out annually, and it fell back in the old way
10 monthly; so that was the only change to what we
11 have had, I believe last month or the month
12 before?
13 MS. SINCAVAGE: It was last month.
14 MS. PICKARD: I'm making a motion
15 that we approve Resolution No. 2007-016.
16 MR. KERRICK: Motion on the floor.
17 Do we have a second?
18 MR. KEENER: Second.
19 MR. KERRICK: Motion and second.
20 Any questions or comments from the
21 board?
22 Mr. Sopack?
23 MR. MICHAEL SOPACK: If you could
24 explain to me just what this policy is?
25 MR. KERRICK: She just explained
25
1 it.
2 MR. MICHAEL SOPACK: I couldn't
3 understand what she was saying. That's why I
4 asked you if you could make it a little plainer.
5 MS. PICKARD: It's our personnel
6 policy.
7 MR. MICHAEL SOPACK: Yes.
8 MR. KERRICK: There's a correction
9 to the comp time.
10 MR. MICHAEL SOPACK: What is the
11 personnel policy is what I'm asking, is this
12 resolution?
13 MR. KERRICK: It's a resolution
14 adopting the correction to our personnel policy.
15 Our personnel policy is a manual here.
16 MR. MICHAEL SOPACK: Yes. So what
17 does a correction have --
18 MR. KERRICK: The correction is on
19 comp time.
20 MR. MICHAEL SOPACK: On comp time?
21 MR. KERRICK: Comp time. What was
22 it from monthly to --
23 MS. PICKARD: We had been paying
24 it out monthly but it was changed to yearly, and
25 when we readopt the new updated manual that had
26
1 been incorrectly changed.
2 MR. MICHAEL SOPACK: All right.
3 Thank you.
4 MR. KERRICK: You're welcome.
5 Any other questions?
6 Call the vote.
7 Anne?
8 MS. SINCAVAGE: Vote in favor.
9 MR. KERRICK: Jamie?
10 MR. KEENER: I vote in favor.
11 MR. KERRICK: Hugh?
12 MR. LAMBERTON: I vote in favor.
13 MR. KERRICK: Heidi?
14 MS. PICKARD: I vote in favor.
15 MR. KERRICK: Motion carried.
16 Anything else? Anyone from the
17 board have anything else?
18 MS. PICKARD: I would like to just
19 announce that currently we have our pool
20 schedule for now through Labor Day. And due to
21 most of our staff going back to college, the
22 pool will be closed from August 27 through the
23 31st, Monday through Friday, but will be open
24 again on Saturday, Sunday and Monday normal
25 hours.
27
1 MR. KERRICK: Subject to change.
2 MS. PICKARD: Everything is
3 subject to change.
4 MR. KERRICK: Anyone else?
5 Anyone from the public wish to
6 address the board?
7 Mr. Podolak?
8 MR. GEORGE PODOLAK: Thank you for
9 giving me the opportunity to speak tonight. My
10 name is George Podolak, it's P-o-d-o-l-a-k,
11 Pocono Summit.
12 Mr. Chairman, members of the
13 board, I had an informal meeting on April 4,
14 2007 regarding the petition for 293 foot Park
15 Road with Mr. Kerrick, Ms. Sincavage, Mr.
16 Tutrone. I submitted a comprehensive package,
17 backup documentation, letters, maps and deed.
18 And there was no mention they had to be
19 submitted at a public meeting. Additional
20 letters and backup documentation were forwarded
21 to the township via fax. July 27, 2007 via fax
22 I forwarded the signed, dated petition. I
23 indicated in the cover letter I would not be
24 resubmitting all the backup documentations to
25 avoid duplication and confusion. No mention of
28
1 letters or memos stating they had to be
2 submitted at a public meeting. August 6 work
3 session, same thing.
4 I came home late Friday,
5 August 10, there was a letter via fax stating I
6 must submit all backup documentation at a public
7 meeting. Fortunately, I was able to duplicate
8 all the documents for this meeting. One topic I
9 disagree with is the fee schedule for Resolution
10 2007-6 miscellaneous hearing. This resolution
11 fee schedule should be retroactive to the
12 calendar year 1966 to agree with the petition
13 date of the calendar year 1966.
14 If I submit this amount of a
15 thousand dollars, it means I agree with the 2007
16 requirements. I do not. It's retroactive to
17 1966. Please forward to me in writing the
18 schedule fee miscellaneous hearing for the
19 calendar year 1966. I will discuss this with --
20 I will confirm this in writing by the end of the
21 week.
22 Thank you for your courtesy and
23 cooperation. And if I may I'll submit the
24 complete package to you now. Do you want this,
25 Mr. Kapelsohn or Mr. Kerrick?
29
1 MR. KERRICK: Thank you.
2 MR. GEORGE PODOLAK: It's
3 everything that you got so far.
4 MR. KAPELSOHN: Thank you. Mr.
5 Podolak, may I ask you a question? I'm not sure
6 I understood what you just said. Are you saying
7 that your petition, which was submitted last
8 Monday and dated last Monday, and you agreed
9 that we had 60 days to act on it from tonight --
10 MR. GEORGE PODOLAK: Well, you've
11 mentioned --
12 MR. KAPELSOHN: Well, your letter
13 said --
14 MR. GEORGE PODOLAK: From tonight.
15 Okay, 60 days, which gives you October 12.
16 MR. KAPELSOHN: That's right. And
17 that's what you said in your letter.
18 MR. GEORGE PODOLAK: Right.
19 MR. KAPELSOHN: And you're saying
20 now that that petition is actually a petition
21 from 1966?
22 MR. GEORGE PODOLAK: If you read
23 the documents I gave, I'm asking that that be
24 retroactive to take the road as of 1966.
25 MR. KAPELSOHN: But your petition
30
1 was filed as of tonight.
2 MR. GEORGE PODOLAK: Well, dated.
3 I couldn't go back to 1966.
4 MR. KAPELSOHN: Right. And
5 neither can the fee schedule for hearings go
6 back to 1966.
7 MR. GEORGE PODOLAK: Well, give it
8 to me in writing and based on that.
9 MR. KAPELSOHN: Well, no, that
10 wouldn't --
11 MR. GEORGE PODOLAK: Thank you.
12 MR. KAPELSOHN: I'm giving you
13 that as my opinion. We have a fee schedule for
14 public hearings. You not only --
15 MR. GEORGE PODOLAK: If you're
16 taking something retroactive --
17 MR. KAPELSOHN: We haven't agreed
18 to take anything retroactive. You want the road
19 to retroactively be adopted as of 1966.
20 MR. GEORGE PODOLAK: 1966.
21 MR. KAPELSOHN: That's your
22 position.
23 MR. GEORGE PODOLAK: Right.
24 MR. KAPELSOHN: That's not our
25 position.
31
1 MR. GEORGE PODOLAK: Well, that's
2 what you have to let me know.
3 MR. KAPELSOHN: Well, we've let
4 you know that already, but you --
5 MR. GEORGE PODOLAK: I know what
6 it's going to be so you have to respond by
7 October 12 in writing.
8 MR. KAPELSOHN: No, sir, that's
9 not the way it works.
10 MR. GEORGE PODOLAK: Well, okay.
11 All right.
12 MR. KAPELSOHN: If you don't want
13 to hear me out, that's okay --
14 MR. GEORGE PODOLAK: I'm hearing
15 you out.
16 MR. KAPELSOHN: Okay. No hearing
17 is going to be scheduled without you paying for
18 the required fee for a hearing; otherwise,
19 you're not only seeking to burden the other
20 taxpayers of this township with the cost of
21 plowing what I -- and I'm not speaking for the
22 board -- what I believe to be your driveway, but
23 you're asking the other residents of this
24 township and taxpayers of this township to pay
25 the cost of a hearing; of advertising the
32
1 hearing, of having a court reporter for the
2 hearing, of having the township solicitor attend
3 the hearing. You're asking everyone to pay the
4 cost of a hearing on the issue that you wish to
5 raise. There's a fee schedule for that. If you
6 don't pay the fee, no hearing will be scheduled.
7 MR. GEORGE PODOLAK: Okay. Now,
8 if you read the documents that I gave you, the
9 taxpayers will not be paying for plowing the
10 road. The state has agreed to put it back into
11 the inventory. Nobody knows why it was taken
12 out to begin with. The state nor the
13 township --
14 MR. KERRICK: Mr. Podolak, liquid
15 fuels for road maintenance not snow removal.
16 MR. GEORGE PODOLAK: Oh, that's --
17 that's winter maintenance.
18 MR. KERRICK: Is your position now
19 that you're got not going to pay the thousand
20 dollars?
21 MR. GEORGE PODOLAK: Probably not.
22 MR. KERRICK: Then we do not
23 accept this because it's incomplete.
24 MR. GEORGE PODOLAK: All right,
25 fine. So then I'll decide -- I'll get a letter
33
1 in writing that you're denying it.
2 MR. KAPELSOHN: We're not denying
3 it.
4 MR. KERRICK: We're not denying
5 it. We can't accept it because it's not
6 complete.
7 MR. GEORGE PODOLAK: Well, all
8 right. You and I disagree on it then.
9 MR. KERRICK: Anyone else wish to
10 address the board?
11 MR. MICHAEL SOPACK: I keep
12 talking to you about traffic on our street. It
13 should be a residential street and whoever has
14 it and is opening it up for all kind of
15 commercial use, and then you put two stop signs
16 way up at the end of the -- the end of the road.
17 There's no stop signs between the Salvation Army
18 until you get up above Winchester and then you
19 put stop signs where there's no cross traffic at
20 all because there's a seven foot chain link
21 fence across the street from there. So now
22 instead of going about 45 miles an hour, now
23 you're going about 50, 60 miles an hour past our
24 areas. So make up for those two stop signs up
25 above. And I keep asking you to get some
34
1 policemen over there to put a stop to that and
2 you're doing nothing at all about it.
3 MR. KERRICK: That's your a
4 opinion, sir. I've addressed it with the chief
5 of police --
6 MR. MICHAEL SOPACK: Yes.
7 MR. KERRICK: Let's start over.
8 MR. MICHAEL SOPACK: Right.
9 MR. KERRICK: This board of
10 supervisors did not change the traffic on that
11 road. We did not change that to
12 commercial/industrial.
13 MR. MICHAEL SOPACK: Somebody did.
14 MR. KERRICK: We didn't, that's
15 number one. The night that the residents of
16 that community requested the stop signs, you
17 were here and you were in agreement with the
18 stop signs.
19 MR. MICHAEL SOPACK: I just didn't
20 believe you would do it.
21 MR. KERRICK: Mr. Sopack, we've
22 gone over this several times.
23 MR. MICHAEL SOPACK: I didn't --
24 MR. KERRICK: Numerous times.
25 MR. MICHAEL SOPACK: Yes.
35
1 MR. KERRICK: So really we have
2 nothing to add. So if you have something else
3 to add on this we'll discuss it, but I don't
4 want to go over the same thing every month.
5 MR. MICHAEL SOPACK: All right.
6 I'm asking you to put some policemen there to
7 see if -- enforce that 25 miles an hour and the
8 stop signs. They're going right through the
9 stop sign at 50 miles an hour. So what the hell
10 do we need the signs there for? Why are we
11 paying all these policemen? What are they
12 doing? I never see them. I mean, all I do is
13 pay the taxes and I'm getting nothing for it.
14 So would you kindly put fire under them and ask
15 them to --
16 MR. KERRICK: Yes, sir, I will.
17 MR. MICHAEL SOPACK: -- watch the
18 area a little bit?
19 MR. KERRICK: I'll do what I can.
20 MR. MICHAEL SOPACK: You tell me
21 you would do that for two months in a row now.
22 MR. KERRICK: I did.
23 MR. MICHAEL SOPACK: And you'll do
24 it again?
25 MR. KERRICK: Yes, sir.
36
1 MR. MICHAEL SOPACK: Okay, then --
2 MR. KERRICK: Thank you for your
3 comments. Anything else?
4 MR. MICHAEL SOPACK: No, that's
5 enough.
6 MR. KERRICK: Thank you.
7 In the back. Sabrina?
8 MS. SABRINA SIMMS: Good evening,
9 everybody.
10 MR. KERRICK: State your name,
11 please, for the record.
12 MR. SABRINA SIMMS: Sabrina Simms
13 from Blakeslee. I would like to actually say
14 publically to you, the whole board, and say you
15 sound wonderful tonight and I wanted to let you
16 know that. You sound organized and the numbers
17 coming out and everything and whatever, you
18 know? Thank you for all your hard work, I would
19 like to say.
20 But on another note of speed
21 limits, I was wondering, Mr. Kerrick, did you
22 happen to look into anything with PennDOT about
23 lowering anything on 940 into Blakeslee? And
24 the more I think of it, if you don't mind, in
25 consideration of the speed you guys going into
37
1 the light -- the lights, I should say, in both
2 directions, I don't know, 35, 40 instead of the
3 45 into there.
4 I do believe in my opinion it
5 would help to alleviate a lot of accidents down
6 at the corner and with all the developing and
7 everything happening, you know what I mean? I
8 don't know how fast the process of any of it is,
9 but to maybe request that all the way up to the
10 light and not just by our houses, you know, not
11 that whole stretch.
12 MR. KERRICK: Mr. McHale, as I
13 commented to you last month, wrote a letter to
14 District 5. We have not been answered on that
15 letter and he is not -- he will be back in
16 tomorrow. He's been gone for a few days on
17 vacation. So I will address that with him
18 tomorrow. Feel free to call him and speak to
19 him about this issue if you chose.
20 MS. SABRINA SIMMS: Could you
21 spell the last name?
22 MR. KERRICK: M-c-H-a-l-e, Bob
23 McHale.
24 MS. SABRINA SIMMS: Okay. Thank
25 you.
38
1 MR. KERRICK: Extension 235.
2 MR. KAPELSOHN: Correct.
3 MS. SABRINA SIMMS: Thank you.
4 MR. KERRICK: You're welcome.
5 Mr. Podolak.
6 MR. GEORGE PODOLAK: Thank you for
7 giving me the opportunity again. Now, even if I
8 pay the thousand dollars fee which is required
9 there were comments made last week that I know
10 right now the vote is going to be no. So what I
11 would be doing would be throwing a thousand
12 dollars down the tubes.
13 MR. KERRICK: Well, if you're at
14 the same meeting I was, I don't remember anyone
15 commenting at all.
16 MR. GEORGE PODOLAK: It was off to
17 the side and I have it, what it was.
18 MR. KERRICK: Do you care to
19 comment?
20 MR. KAPELSOHN: I'm going to
21 comment that --
22 MR. GEORGE PODOLAK: Maybe it was
23 just kidding around. I don't know. But, you
24 know, if I knew that I stood a 50-50 chance --
25 I'm retired -- I'd see try and come up with the
39
1 money; but I know, with the comments that were
2 made by two different people, it's probably
3 going to be turned down.
4 MR. KAPELSOHN: Mr. Podolak, my
5 experience with this board over the past several
6 years is that I don't know how the board's going
7 to vote until it votes. Petitioners and
8 applicants regularly say to me, can you tell me
9 how the board's going to rule on this, that and
10 the other thing, and I respond to them always
11 the same way which is, that's the board's
12 decision and I believe that the board makes its
13 decisions after hearing all the evidence that's
14 presented at hearings to it.
15 MR. GEORGE PODOLAK: I'll agree
16 with you.
17 MR. KAPELSOHN: And whether you
18 decide to pay the hearing fee and have a hearing
19 on your petition or not is up to you, but I
20 wouldn't want this record tonight to have in it
21 your feeling that there's a predetermined
22 decision and so it's not worth your time and
23 money to pursue your petition without my
24 responding to the contrary the --
25 Let me finish, please.
40
1 MR. GEORGE PODOLAK: Go ahead.
2 MR. KAPELSOHN: The law requires
3 this to be done by public hearing. The township
4 ordinances set a fee for that hearing. And if
5 you want a hearing, you need to pay the fee and
6 have a hearing, but I don't think it's fair to a
7 accuse the board of not being willing to give
8 you a fair hearing. In fact, you've been
9 offered a hearing. And so whether you choose to
10 take it or not is your decision.
11 MR. GEORGE PODOLAK: Right. But
12 the comment was made that I disagree with Mr.
13 Podolak, okay? Another comment was made that
14 you're going to lose, the petition is not going
15 to be approved. Now, if you were in my place,
16 sir, what would you say? I've been around
17 politics for 20 years, since my 21st year. When
18 somebody made a comment like that, like going
19 down the racetrack, you know you're losing.
20 MR. KAPELSOHN: It's your decision
21 whether to have the hearing or not.
22 MR. GEORGE PODOLAK: Yeah, I know
23 that.
24 MR. KERRICK: Mr. Podolak, are you
25 referring to me --
41
1 MR. GEORGE PODOLAK: No.
2 MR. KERRICK: -- when you made
3 mention of part of your presentation and I said
4 I disagree with some of your presentation, are
5 you referring to me on this?
6 MR. GEORGE PODOLAK: No, sir.
7 MR. KERRICK: Okay. Thank you.
8 MR. GEORGE PODOLAK: By no means.
9 In fact, we get along quite well as far as I'm
10 concerned.
11 MR. KERRICK: I agree.
12 Anyone else wish to address the
13 board?
14 Are you sure? Now is your time.
15 MR. GEORGE PODOLAK: I'll wait
16 until after.
17 MR. KERRICK: Okay. Anyone else?
18 We're adjourned. Thank you for
19 coming.
20 (Meeting concluded at 8:03 p.m.)
21 ---
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6
7 I hereby certify that the
8 proceedings and evidence are contained fully and
9 accurately, to the best of my ability, in the
10 notes taken by me at the meeting in the above
11 matter; and that the foregoing is a true and
12 correct transcript of the same.
13
14
15 ______________________
16 EVILYS E. BRATHWAITE
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