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, September 10, 2007 beginning at 7:10 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
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1 MR. KERRICK: Call the meeting to
2 order with a Pledge of Allegiance.
3 (Pledge of Allegiance was recited.)
4 MR. KERRICK: I'd like to welcome
5 everyone here this evening to our regular business
6 meeting, September 10, 2007. First announcement I
7 have is, fall cleanup day will be October 8 through
8 Saturday, October 13, at the transfer station;
9 schedule and pricing to be advertised and posted
10 later this month.
11 Does the board have a decision on
12 our October meeting?
13 MS. SINCAVAGE: It really doesn't
14 make a difference to me.
15 Is a work session scheduled for the
16 1st?
17 MR. KERRICK: For the 1st at ten?
18 MS. PICKARD: I'm not sure what's on
19 the agenda. And we have at least three or four
20 land development plans. I don't know if that's
21 going to be for them as well or October --
22 MR. KERRICK: Well, you have no idea
23 if they're scheduled for October approval?
24 MS. PICKARD: They're scheduled for
25 October. We just got a memo today from Maureen
3
1 that there are three land development plans, so I
2 think we should check maybe to see whether or not
3 they would be able to change for the 1st.
4 MR. KERRICK: Well, I think we need
5 to make a decision tonight.
6 MS. PICKARD: I'm fine with the 8th.
7 MR. KEENER: I have the 9th on my
8 calendar.
9 MS. PICKARD: We changed it already
10 to the 8th at our work session.
11 MS. SINCAVAGE: Is the 8th okay with
12 everybody else?
13 MR. KEENER: Fine with me.
14 MS. PICKARD: You have the police
15 commission --
16 MR. KERRICK: At night.
17 MS. PICKARD: The office is closed
18 because of the holiday.
19 MR. KERRICK: October 8 at 7 p.m.,
20 how's that?
21 Is that okay with you, Manny?
22 MR. KAPELSOHN: Yes.
23 MR. KERRICK: Next order of
24 business, consider the minutes of June 11, 2007,
25 regular business meeting; July 9, 2007, regular
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1 business meeting.
2 What's the board's pleasure with the
3 minutes?
4 MS. PICKARD: I had some
5 corrections, if you want to make a motion. I
6 thought we were doing that on the agenda.
7 Can we just change the minutes to
8 reflect that? I feel better that we do it that
9 way. I had corrections on the July minutes, Pages
10 24, 25, 49 and 59, another acronym. It should read
11 N.P.D.E.S. It currently reads M.P.D.S.
12 I'll make a motion to approve the
13 June 1, 2007 regular business meeting and the
14 July 9, 2007 regular business meeting with the
15 corrections.
16 MR. KERRICK: Motion on the floor.
17 Do we have a second?
18 MS. SINCAVAGE: Second.
19 MR. KEENER: Second.
20 MR. KERRICK: Motion and second on
21 the floor.
22 Do we have any discussion?
23 Questions or comments from the
24 public on the motion?
25 Call the vote.
5
1 Anne?
2 MS. SINCAVAGE: Vote in favor.
3 MR. KERRICK: Jamie.
4 MR. KEENER: Vote in favor.
5 MR. KERRICK: Hugh?
6 MR. LAMBERTON: Vote in favor.
7 MR. KERRICK: Heidi?
8 MS. PICKARD: I vote in favor.
9 MR. KERRICK: Motion carried.
10 Next on our agenda, consider the
11 treasurer's report dated September 10, 2007. Total
12 amount for board approval $115,172.98.
13 MS. PICKARD: I make a motion we
14 approve the September 10, 2007 bill pack in the
15 amount of $115,172.98.
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 Questions or comments from the
23 public on the motion?
24 Call the vote.
25 Anne?
6
1 MS. SINCAVAGE: Vote in favor.
2 MR. KERRICK: Jamie?
3 MR. KEENER: Vote in favor.
4 MR. KERRICK: Hugh?
5 MR. LAMBERTON: 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, solicitor's
10 report.
11 Do you have anything?
12 MR. KAPELSOHN: I would just mention
13 to the board and to the public attending that the
14 county register of deeds, recorder of deeds, has
15 recommended to us that we adopt a real estate
16 transfer tax ordinance that's consistent with the
17 state's Department of Revenue Act 40 Program, so
18 that the state can continue to collect delinquent
19 realty transfer taxes for us.
20 A model ordinance was provided
21 statewide. I've revised it in small part to make
22 it suitable for adoption by Tobyhanna Township, and
23 I think that we should be noticing this for public
24 hearing and considering it at the next month's
25 meeting.
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1 MR. KERRICK: That would be the
2 October 8 meeting?
3 MR. KAPELSOHN: That's correct. And
4 this -- the model --
5 MS. PICKARD: Can we do that on
6 October 1?
7 MR. KAPELSOHN: You can have the
8 hearing on October 1. The requirement is that it
9 be advertised once by publication in the newspaper
10 not more than 60 days nor less than seven days
11 before the hearing. So you can have the hearing on
12 the 1st, if you wish.
13 The model would not change the
14 amount of tax that people pay in Tobyhanna
15 Township. It just states that its other provisions
16 are to be consistent with the State Department of
17 Revenue Act, and that allows them then to enforce
18 collection, which they do currently.
19 MR. KERRICK: Was there a
20 suggestion -- a suggested date that it would be
21 approved by?
22 MR. KAPELSOHN: If --
23 MR. KERRICK: My question is, are we
24 okay till the October 8?
25 MR. KAPELSOHN: There is a short
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1 period of time from September 28 until whenever we
2 adopt it when they would not be enforcing it by
3 going after people who haven't paid their realty
4 transfer tax.
5 What happened was, they first
6 circulated a model ordinance last spring and it
7 turned out that the model ordinance had a flaw in
8 it because it didn't provide -- it didn't have the
9 right provision in it that would allow the State
10 Department of Revenue to do what it hopes to do
11 under this.
12 I just got a revised model from the
13 county recorder of deeds within the last couple of
14 days revising it. So there would be a period of
15 seven or eight or ten days when they wouldn't be
16 going after people. As soon as we pass it, they
17 would proceed to enforce it again. I think it
18 would have no practical effect that there's a short
19 hiatus in that collection process.
20 MR. KEENER: So can we advertise for
21 October 1 at 9:45 with a work session to follow?
22 MR. KERRICK: We can, but I just
23 want to remind you that we have to have a
24 stenographer and we'll have one on the 8th. In
25 other words, we'd have to see if their schedule is
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1 clear for that and then you would have the cost
2 associated with that, so I just wanted to bring it
3 up.
4 MR. KEENER: 6:45 on the 8th.
5 MR. KERRICK: Do you want to shoot
6 for the 1st? If we can, fine; if not, we'll do it
7 6:45 on the 8th.
8 Is that okay with everybody? Just
9 in case if we can't get the stenographer, okay?
10 Thank you.
11 Anything else, Manny?
12 MR. KAPELSOHN: No, that's it for
13 me.
14 MR. KERRICK: New business.
15 Pinecrest Lake Phase 1C letter of credit reduction.
16 I think that's self-explanatory in your packet, and
17 we talked about it at our work session.
18 MS. PICKARD: I make a motion that
19 we reduce the letter of credit for Pinecrest Lake
20 Homes, LLC reference credit -- letter of credit No.
21 170022051 in the amount of $215,508.19. And we are
22 reducing that by the approved amount of $40,403.50.
23 MR. KERRICK: Motion on the floor
24 for a bond reduction.
25 Do we have a second?
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1 MS. SINCAVAGE: I'll second it.
2 MR. KERRICK: Motion and second.
3 Any questions or comments from the
4 board?
5 Questions or comments from the
6 public on the motion?
7 Call the vote.
8 Anne?
9 MS. SINCAVAGE: Vote in favor.
10 MR. KERRICK: Jamie?
11 MR. KEENER: Vote in favor.
12 MR. KERRICK: Hugh?
13 MR. LAMBERTON: I vote in favor.
14 MR. KERRICK: Heidi?
15 MS. PICKARD: I vote in favor.
16 MR. KERRICK: I vote in favor.
17 Motion carried.
18 Next on our agenda, Austin James
19 Associates Land Development Plan and Stormwater
20 Agreement.
21 MS. SARAH BUE-MORRIS: I'm Sarah
22 Bue-Morris and I'm representing Curt Herman who is
23 the owner and developer of the property. He also
24 owns Austin James Associates.
25 Do you want a little presentation?
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1 MS. PICKARD: (Nodding.)
2 MS. SARAH BUE-MORRIS: The property
3 is on State Route 423, just a little bit north of
4 the intersection with 940. It's hard to tell
5 whether it's a business right now, other than the
6 fact that they do have a lot of cars there
7 occasionally.
8 It is an existing two-story house
9 that he uses for the office. There's also two
10 cabins in the back and an existing garage. The
11 cabins and the garage are going to be demolished.
12 Also, this part of this driveway that's paved is
13 going to be removed. What he's going to do instead
14 is, he's going to build a 1,800 square foot garage
15 to house his vehicles. He owns an environmental
16 firm and they do a lot of well drilling and so he
17 needs to get his well drilling rig out of the
18 weather.
19 Also he is doing -- he's enclosing
20 the two porches and he's also doing a small
21 addition in the patio right here. Uhm, that
22 addition is 1,284 square feet. The existing space
23 is 2600 in two stories. Uhm, it is also a lot
24 joiner; there are two separate lots and we do have
25 a joiner or subdivision, Plan C3, existing site
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1 demolition plan. It should be its existing
2 subdivision. He is presently using an on-site well
3 and sand mound and we're not getting anywhere near
4 the sand mound.
5 We're required for the space to have
6 13 parking spaces and we're providing 19. He does
7 have presently 14 employees working out of the
8 office, although almost all of them are always in
9 the field; but normally he has 14 people working in
10 the office. But we are providing adequate parking
11 spaces for all of them to be in.
12 Do you have any questions? Anybody
13 in the audience? The one outstanding issue is the
14 PennDOT permit. We have not been able to obtain it
15 yet. In order to obtain it the -- it's my
16 understanding, from talking to Bob McHale, that the
17 township has requested that the speed limit be
18 reduced on the road. And that PennDOT's already
19 said they'd do it, but they won't consider it
20 changed until the new signs are posted. So we have
21 to wait for that.
22 They sent the PennDOT permit back,
23 but also we're having to get a site easement
24 through here and remove trees and we're still in
25 the process of obtaining that. We do have a note
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1 on the plan, however, stating that we will be
2 obtaining the PennDOT permit.
3 MR. KEENER: Where's this dry
4 hydrant located?
5 MS. SARAH BUE-MORRIS: Oh, it's
6 right here. There's an underground storage tank
7 right here and it's on that. Oh, actually it's
8 over here. But it's for the storage tank. There
9 is also a dry hydrant up at Locust -- Lake Naomi at
10 the intersection.
11 MR. KERRICK: Questions or comments
12 from the board for Sarah?
13 (Discussion off the record.)
14 MR. KERRICK: Do we have a
15 stormwater agreement -- a signed stormwater
16 agreement with this project with you or we haven't
17 executed it yet?
18 MS. SARAH BUE-MORRIS: I don't
19 really remember right offhand. I think we do.
20 Uhm, I think we rent ran it over to Curt Herman. I
21 could double-check.
22 MR. KEENER: Above Comment No. 5.
23 MR. KERRICK: What's the board's
24 pleasure?
25 MS. SINCAVAGE: Well, the comment is
14
1 addressed in Bob McHale's letter dated 8/3/07 about
2 the stormwater management permit.
3 Can we approve it, put a condition
4 on that letter? Would that be okay?
5 MS. PICKARD: Mm-hmm.
6 MS. SINCAVAGE: Okay. I make a
7 motion we approve Austin James Associates
8 Incorporated Land Development Plan Project No.
9 2005-013, subject to township engineer's review
10 letter dated 8/3/07 and the requested waivers which
11 are included in that said review letter.
12 (Discussion off the record.)
13 MR. KERRICK: We have a motion on
14 the floor.
15 Do we have a second?
16 MR. KEENER: Second.
17 MS. PICKARD: For the record that
18 does include the stormwater management, so we're
19 not making a separate motion to approve the
20 stormwater management agreement.
21 MR. KERRICK: That is correct.
22 Any questions or comments?
23 Questions or comments from the
24 public on the motion?
25 Call the vote.
15
1 Anne?
2 MS. SINCAVAGE: Vote in favor.
3 MR. KERRICK: Jamie?
4 MR. KEENER: I vote in favor.
5 MR. KERRICK: Hugh?
6 MR. LAMBERTON: I vote in favor.
7 MR. KERRICK: Heidi?
8 MS. PICKARD: I vote in favor.
9 MR. KERRICK: I vote in favor.
10 Motion carried.
11 Next on our agenda, Giacalone
12 Healthcare Land Development Plan.
13 MR. KEENER: Mr. Chairman, I'm going
14 to abstain from discussion on this project because
15 of a conflict.
16 MR. KERRICK: Thank you.
17 Basically this is a revised plan.
18 We approved it last month, but unfortunately the
19 Mylars were the wrong -- didn't have the updates;
20 am I correct in saying that?
21 MS. PICKARD: Mm-hmm.
22 MR. KERRICK: -- didn't have the
23 updates that the township engineer required so
24 basically we're just doing a reapproval -- or a
25 revised approval, excuse me.
16
1 MS. SINCAVAGE: I make a motion we
2 approve the revised Giacalone Land Development Plan
3 dated 8/24/2007, subject to Mr. McHale's review
4 letter dated July 11, 2007 referencing Project No.
5 2007-016, Review No. 2. And that will be with
6 waivers to Section 135-17.L and M and 124-86.B(17).
7 And should we put something about
8 the stormwater management agreement?
9 MS. PICKARD: Mm-hmm.
10 MS. SINCAVAGE: And the approval of
11 the stormwater management agreement and deposited a
12 check.
13 MR. KERRICK: Motion on the floor.
14 Do we have a second?
15 MR. LAMBERTON: Second the motion.
16 MR. KERRICK: Motion and second on
17 the floor.
18 Any discussion or comments from the
19 board?
20 I apologize, I didn't look up and
21 see you. You represent Giacalone?
22 MR. JAMES C. HENDRICKS: Yes, I do.
23 Just one comment. The stormwater management
24 agreement has been executed and recorded and the
25 township is now in receipt of that. Also, since
17
1 the last time I was before you the H.O.P. permit
2 has been received and the township has a copy of
3 that also.
4 MR. KERRICK: Thank you.
5 THE REPORTER: Could you state your
6 name for the record?
7 MR. JAMES C. HENDRICKS: Jim
8 Hendricks with Herbert, Rowland & Grubic.
9 MR. KERRICK: Any questions or
10 comments from the public on the motion?
11 Call the vote.
12 Anne?
13 MS. SINCAVAGE: 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 MR. KEENER: For the record, I
21 abstain.
22 MR. KERRICK: I apologize, Jamie. I
23 just skipped right over you.
24 Next on our agenda, Resolution
25 2007-017, application for county aid.
18
1 MS. PICKARD: I make a motion to
2 approve Resolution 2007-017, application for county
3 aid.
4 MR. KERRICK: Just a note that the
5 total amount -- the project is for battery backup
6 for our traffic lights. Total amount of the
7 project is 60,000. Requested amount -- allocation
8 requested is 50,375 from county aid. And there's a
9 motion on the floor.
10 Do we have a second?
11 MS. SINCAVAGE: I'll second the
12 motion.
13 MR. KERRICK: Motion and second.
14 Any questions or comments from the
15 board?
16 Questions or comments from the
17 public on the motion?
18 MS. WENDY FREEMAN: I'm sorry, what
19 was the amount?
20 MR. KERRICK: The amount of the
21 total project or --
22 MS. WENDY FREEMAN: Yes.
23 MR. KERRICK: The total project was
24 60,957.90 and the county aid part would be 50,375.
25 MS. WENDY FREEMAN: Thank you.
19
1 MR. KERRICK: Off the record.
2 (Discussion off the record.)
3 MS. PICKARD: We had these moneys
4 originally approved for a guide rail project, but
5 we got different funding for that. So they agreed
6 to transfer the money towards this project.
7 MS. WENDY FREEMAN: Gotcha, thank
8 you.
9 MR. KERRICK: Any other questions or
10 comments?
11 Call the vote.
12 Anne?
13 MS. SINCAVAGE: I vote in favor.
14 MR. KERRICK: Jamie?
15 MR. KEENER: I vote in favor.
16 MR. KERRICK: Hugh?
17 MR. LAMBERTON: I vote in favor.
18 MR. KERRICK: Heidi?
19 MS. PICKARD: I vote in favor.
20 MR. KERRICK: I vote in favor.
21 Motion carried.
22 Next on our agenda.
23 MS. PICKARD: We have two stormwater
24 agreements --
25 MR. KERRICK: Two stormwater
20
1 agreements to approve.
2 MS. PICKARD: -- needed to be
3 approved for projects that we approved in July.
4 One was for the Vrabecs.
5 MR. KERRICK: They were approved at
6 the July 9, '07 regular business meeting. Project
7 1 would be Vrabec; Project 2, S.I.D.E. Corp.
8 MS. PICKARD: And we just wanted to
9 clean up our records and approve the stormwater
10 agreements for those two projects.
11 Will I be able to make that in a
12 single motion?
13 MR. KERRICK: Can we do that in a
14 single motion?
15 MR. KAPELSOHN: Mm-hmm, I believe
16 so.
17 MR. KERRICK: Motion on the floor.
18 Do we have a second for that
19 stormwater agreement?
20 MS. PICKARD: So moved.
21 MR. KERRICK: Questions or comments
22 from the board.
23 Questions or comments from the
24 public on the motion? Did you have a question?
25 MS. WENDY FREEMAN: No, I'm fine,
21
1 thank you.
2 MR. KERRICK: Oh, I apologize.
3 Call the vote.
4 Anne?
5 MS. SINCAVAGE: I abstain.
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: Motion carried.
13 What else do we have on our agenda,
14 anything? Do we have anything else?
15 MS. PICKARD: I had one comment I
16 wanted to make, but I'm not too clear on it. There
17 may be an adjustment in the hours up at the
18 transfer station, and they may be opening a little
19 later, instead of eight to four, nine to five; but
20 we will get that information out, as well as the
21 fall cleanup days.
22 MR. KERRICK: Anyone else from the
23 board have any --
24 MS. PICKARD: Did you want to motion
25 that we would be advertising for a public transfer
22
1 station?
2 (Discussion off the record.)
3 MR. KERRICK: Anyone from the public
4 wish to address the board? Yes, sir.
5 MR. FREDERICK SCHURR: Fred Schurr,
6 Camelot. I have a problem with the stones in the
7 road through Camelot. I called a few times.
8 Coming off of 940 into Camelot Drive, about three
9 quarters of the road is loaded with stones. And I
10 have one here, Elaine Drive, Bradford East --
11 Elaine Drive, Bradford and King Arthur. Now, I've
12 called a few times about it and I haven't gotten
13 any response.
14 MR. KERRICK: You got no response at
15 all?
16 MR. FREDERICK SCHURR: No.
17 MR. KERRICK: I know your message
18 was on the machine and I thought the foreman called
19 you back.
20 MR. FREDERICK SCHURR: No, never got
21 a callback.
22 MR. KERRICK: He did take a look at
23 it.
24 Anyone else have anything they'd
25 like to address the board? Mr. Schurr?
23
1 MR. FREDERICK SCHURR: Would that be
2 taken care of?
3 MR. KERRICK: Yes, sir.
4 MR. FREDERICK SCHURR: Okay, thank
5 you.
6 MR. KERRICK: Part of the problem
7 that you're talking about from the entrance is from
8 a PennDOT paving project.
9 MR. FREDERICK SCHURR: Yes, but down
10 at the --
11 MR. KERRICK: You're correct in the
12 other ones, but the one at the entrance is from the
13 PennDOT paving project.
14 MR. FREDERICK SCHURR: Well, who's
15 responsible then, PennDOT? I mean, it's part of
16 the township roads.
17 MR. KERRICK: Now it is. Now it's
18 on our road but it came from them. Okay, we'll
19 take care of it.
20 Anything else for the board? Can we
21 have a motion for adjournment?
22 MS. PICKARD: So moved.
23 MR. KERRICK: Second?
24 MR. KEENER: Second.
25 MR. KERRICK: We're adjourned.
24
1 Thank you for coming.
2 (Meeting concluded at 7:40 p.m.)
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7 I hereby certify that the
8 proceedings and evidence are contained fully and
9 accurately, to the best of my ability, in the notes
10 taken by me at the meeting in the above matter; and
11 that the foregoing is a true and correct transcript
12 of the same.
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15 ______________________
16 EVILYS E. BRATHWAITE
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