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
Tuesday, March 12, 2007 beginning at 6:45 p.m.
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PRESENT: JOHN E. KERRICK, Chairperson
HEIDI A. PICKARD, Vice-Chairperson
HUGH LAMBERTON, Board Member
ANNE SINCAVAGE, 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. I'd like to call
3 the meeting to order with the Pledge of
4 Allegiance.
5 (Pledge of Allegiance was
6 recited.)
7 MR. KERRICK: We'd like to
8 announce the change to the date and time of our
9 April meeting to --
10 MS. PICKARD: 10 a.m. work session
11 followed by a 10:30 regular business meeting.
12 MR. KERRICK: April 2?
13 MS. PICKARD: April 2, Monday --
14 the first Monday in April.
15 MR. KERRICK: 10 a.m. to 10:30.
16 And also I'd like to announce the
17 executive session, the litigation, on 2/12/07
18 from 7:45 until 8:30 p.m.
19 First order of business, to
20 consider the minutes of the previous meeting.
21 MS. PICKARD: We don't have any
22 minutes.
23 MR. KERRICK: We don't have any?
24 We'll move on.
25 Treasurer's report, bill pack
3
1 dated March 12, '07, total amount for board
2 approval, $120,639.28.
3 What's the board's pleasure?
4 MS. PICKARD: Motion to approve
5 the bill pack dated March 12, 2007 in the amount
6 $120,639.28.
7 MS. SINCAVAGE: I'll second the
8 motion.
9 MR. KERRICK: Motion and second on
10 the floor.
11 Any discussion or questions from
12 the board?
13 Questions from the public on the
14 motion?
15 Call the vote.
16 Anne?
17 MS. SINCAVAGE: I vote in favor.
18 MR. KERRICK: Hugh?
19 MR. LAMBERTON: I vote in favor.
20 MR. KERRICK: Heidi?
21 MS. PICKARD: I vote in favor.
22 MR. KERRICK: Motion carried.
23 Next on our agenda, solicitor's
24 report.
25 Do you have anything for us,
4
1 Manny?
2 MR. KAPELSOHN: Nothing at this
3 time.
4 MR. KERRICK: Okay. We'll jump
5 into new business. First item, Natale and Crumb
6 rezoning.
7 Anyone here from Natale and Crumb?
8 We'll jump down and maybe somebody
9 will show up. If not, we'll vote.
10 Next on our agenda, sewer tap-in
11 fee, Ordinance No. 459. We just had a public
12 hearing on it.
13 You're with? You don't represent
14 Natale and Crumb, do you?
15 MALE VOICE: No.
16 MR. KERRICK: Okay. Thank you.
17 Sorry to put you on the spot, we're just waiting
18 for someone.
19 MALE VOICE: I'm here as a
20 township resident.
21 MR. KERRICK: Okay. What's the
22 board's pleasure with the sewer tap-in fee?
23 MS. PICKARD: I'm going to make a
24 motion we table the sewer tap-in fee, Ordinance
25 No. 459.
5
1 MR. KERRICK: Motion on the floor.
2 Do we have a second?
3 MS. SINCAVAGE: I'll second the
4 motion.
5 MR. KERRICK: Motion and second.
6 Any questions from the board on
7 the table of the motion?
8 Questions from the public on the
9 motion?
10 Call the vote.
11 Anne?
12 MS. SINCAVAGE: Vote in favor.
13 MR. KERRICK: Hugh?
14 MR. LAMBERTON: Vote in favor.
15 MR. KERRICK: Heidi?
16 MS. PICKARD: I vote in favor.
17 MR. KERRICK: I vote in favor.
18 Motion carried.
19 Next on our agenda, Scott and
20 Cynthia Coombe commercial land development plan.
21 Anyone here represent the Coombes?
22 Basically these are revised land
23 development plans with a signed stormwater
24 management agreement, received January 22, 2007,
25 for the project.
6
1 MS. PICKARD: We passed the
2 stormwater last month?
3 MR. KERRICK: That is correct.
4 And we have a recommendation from our engineer.
5 MS. PICKARD: I make a motion we
6 approve the Coombe commercial building, Project
7 No. 2005-002, Review No. 5; and grant waivers to
8 Sections 135-15A(15) and 135-17(L), subdivision
9 and land development ordinance; and 124-86B(17)
10 regarding stormwater management.
11 MR. KERRICK: Motion on the floor.
12 Do we have a second?
13 MR. LAMBERTON: Second the motion.
14 MR. KERRICK: Motion and second.
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: Hugh?
23 MR. LAMBERTON: I vote in favor.
24 MR. KERRICK: Heidi?
25 MS. PICKARD: Vote in favor.
7
1 MR. KERRICK: I vote in favor.
2 Motion carried.
3 Next on our agenda, pool fees for
4 the summer of 2007, Item D in your packet. That
5 gives you breakdowns from 2004, 2005, as well as
6 2006.
7 MS. PICKARD: I make a motion that
8 we retain the 2006 season rates for 2007 to be
9 seasonal family membership of $50; each
10 additional member at $10; daily rates up to age
11 12, a dollar; ages 13 to 16, $2; and ages 17 to
12 adult $3.
13 MR. KERRICK: We have a motion on
14 the floor.
15 Do we have a second?
16 MS. SINCAVAGE: I'll second the
17 motion.
18 MR. KERRICK: Motion and second.
19 Any questions or comments from the
20 board?
21 Questions or comments from the
22 public on the motion?
23 Call the vote.
24 Anne?
25 MS. SINCAVAGE: Vote in favor.
8
1 MR. KERRICK: Hugh?
2 MR. LAMBERTON: I vote in favor.
3 MR. KERRICK: Heidi?
4 MS. PICKARD: I vote in favor.
5 MR. KERRICK: I vote if in favor.
6 Motion carried.
7 Next on the agenda, Resolution
8 2007-005, emergency notification list, Item E in
9 your packet.
10 Is that okay with you two
11 gentlemen in the back? Everything's all right
12 with this list?
13 I didn't hear what you said.
14 MALE VOICE: It's a contact list.
15 MR. KERRICK: Oh, I'm sorry.
16 MALE VOICE: It's a contact list
17 to the emergency operations plan.
18 MS. PICKARD: Make a motion we
19 approve Resolution No. 2007-005.
20 MR. KERRICK: Motion on the floor.
21 Do we have a second?
22 MR. LAMBERTON: Second the motion.
23 MR. KERRICK: Questions or
24 comments from the board on the motion?
25 Questions or comments from the
9
1 public on the motion?
2 Call the vote.
3 Anne?
4 MS. SINCAVAGE: Vote in favor.
5 MR. KERRICK: Hugh?
6 MR. LAMBERTON: Vote in favor.
7 MR. KERRICK: Heidi?
8 MS. PICKARD: Vote in favor.
9 MR. KERRICK: I vote in favor.
10 Motion carried.
11 Next on our agenda, Joseph
12 Mastantuono, a veteran -- disabled veteran asked
13 for relief of taxes, Item G.
14 Manny, do you have any --
15 MR. KAPELSOHN: It's already been
16 granted by the county. It's pursuant to federal
17 law. He technically missed a deadline for
18 applying for it because he was undergoing open
19 heart surgery at the time. The result is that
20 he was given the tax relief from a certain day
21 forward, but it didn't quite encompass the
22 billing period. I would recommend that you
23 grant it.
24 MR. KERRICK: Okay. Thank you.
25 Do we have a motion?
10
1 MS. SINCAVAGE: So moved.
2 MR. KERRICK: Do we have a second?
3 MS. PICKARD: I'll second the
4 motion.
5 MR. KERRICK: Any questions or
6 comments from the 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: 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 the agenda, B Schedule
19 Resolution 2007-006.
20 MS. PICKARD: I wanted to amend
21 the -- we don't have rates in the professional
22 fee service agreement, which is towards the back
23 of that. I think that the developer's
24 agreement --
25 MR. KERRICK: Okay.
11
1 MS. PICKARD: And I wanted to put
2 in the rate for Item 1, per township engineer
3 would be $75 per hour. Item 2, township
4 solicitor would be Lamm, Rubenstone & Butz, and
5 that would be at $220 per hour. Item 3, the
6 planning commission solicitor, would be Grim,
7 Biehn & Thatcher at $185 per hour. And Item 4,
8 other professional consulting would be as deemed
9 if necessary, on a case-by-case basis.
10 MR. KERRICK: So that would be
11 your motion?
12 MS. PICKARD: That would be my
13 motion. I just have one question as far as
14 Manny was concerned, it does reference the
15 developer's agreement. This becomes a part of
16 the fee resolution?
17 MR. KAPELSOHN: Township Engineer
18 Bob McHale and I had already discussed preparing
19 a standard developer's agreement that we would
20 review just the same way we would have a
21 standard stormwater maintenance agreement, that
22 would then be put in PDF format, then we
23 wouldn't have to review each one because it
24 would not be easily changed by an applicant.
25 We haven't yet gotten to that
12
1 point. I would suggest that the developer's
2 agreement either be left out of this as it's
3 adopted now or if it's included we can change it
4 at a later time when we finish reviewing it.
5 MS. PICKARD: Okay. But you have
6 reviewed this one as such?
7 MR. KAPELSOHN: I've looked at it
8 briefly. Not the developer's agreement but the
9 rest of the agreement -- rest of the ordinance
10 and resolution.
11 MS. PICKARD: Then I would make a
12 motion, based on those additions to the fee
13 schedule, to make a motion to approve proposing
14 the fee resolution.
15 MS. SINCAVAGE: I'll second the
16 motion.
17 MR. KERRICK: Motion and second on
18 the floor.
19 Do we have any discussion or
20 questions from the board?
21 Questions or comments from the
22 public on the motion?
23 Call the vote.
24 Anne?
25 MS. SINCAVAGE: Vote in favor.
13
1 MR. KERRICK: Hugh?
2 MR. LAMBERTON: I vote in favor.
3 MR. KERRICK: Heidi?
4 MS. PICKARD: I vote if favor.
5 MR. KERRICK: I vote in favor.
6 Motion carried.
7 Sarah, do you represent the
8 Coombes?
9 MS. SARAH BUE-MORRIS: Yes, I do.
10 MR. KERRICK: It passed.
11 MS. SARAH BUE-MORRIS: Oh. Thank
12 you.
13 MR. KERRICK: You're welcome.
14 Your work is done here. We started directly
15 after our hearing which was a quarter of.
16 MS. SARAH BUE-MORRIS: Okay.
17 Great. Thank you.
18 MR. KERRICK: Good job. You're
19 welcome to stay. I just wanted to -- I
20 figured --
21 MS. SARAH BUE-MORRIS: You really
22 wouldn't want me to stay. I have a bad cold.
23 MR. KERRICK: Okay. Thank you.
24 Do I have a motion on the floor to
25 table our personnel manual updates?
14
1 MS. PICKARD: So moved.
2 MR. KERRICK: Second?
3 MR. LAMBERTON: Second.
4 MR. KERRICK: Questions or
5 comments from the board on the motion?
6 Questions from the public on the
7 motion?
8 Call the vote.
9 Anne?
10 MS. SINCAVAGE: 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: I vote in favor.
16 Pocono Manor. Do you want a few
17 minutes to regroup or are you ready?
18 MR. ROCCO CARACCIOLO: We're
19 ready.
20 (Discussion off the record.)
21 MR. KERRICK: Basically what I
22 know, and you'll have to correct me if I'm
23 wrong, there's still some outstanding issues.
24 It would be better off to resubmit your
25 application from Ken Malkemes? We're not quite
15
1 sure --
2 MR. ROCCO CARACCIOLO: Yeah, we
3 went through the issues. The only -- the one
4 issue is just on the storage volumes and we
5 submitted information to them and submitted
6 backup information. He's spoke with our
7 engineer and said he was fine. The only thing,
8 there was nothing really in the letter other
9 than discussing the project with you so --
10 MR. KERRICK: I'd like you to
11 discuss that with us, but there was also some
12 concern about agreements that we need to enter
13 into with Mount Pocono Borough and Pocono
14 Township. Ultimately the sewer is developed
15 basically in Tobyhanna Township but is treated
16 in Pocono Township.
17 MR. ROCCO CARACCIOLO: Correct.
18 MR. KERRICK: And if there was a
19 default by Pocono Manor, it would come back to
20 Tobyhanna Township to take care of the plan, if
21 per chance you would leave the plan or wouldn't
22 take care of it, et cetera, et cetera. So he
23 cautioned us and said that we had to enter into
24 some sort of agreement.
25 Was there anything else that -- he
16
1 gave us some highlights.
2 MS. PICKARD: Just the information
3 on the equalization volume was not completely
4 reviewed at this point in time. He thought
5 everything would be there, but he hasn't
6 completed his review on that as well. And the
7 sewage management program, which obviously Manny
8 needs to speak with Ken about and possibly meet
9 with the other municipalities. He felt that we
10 needed to submit that to the DEP with all the
11 planning modules.
12 MR. KAPELSOHN: Mr. Malkemes did
13 call me and I called him, but we did not succeed
14 in reaching each other. So I'm still somewhat
15 in the dark in terms of hearing from him
16 directly.
17 MR. JAMES CAHILL: It's my
18 understanding, other than the plant issue, there
19 was just one thing outstanding and I brought
20 it with me. It's a letter saying that we would
21 serve the project with water. Of course we
22 would, you know, with the water conveyor also.
23 I brought that letter with me tonight.
24 MR. KAPELSOHN: Why don't we take
25 that then and get it --
17
1 MR. KERRICK: Yeah. Do you have
2 anything you'd like to add?
3 MR. JAMES CAHILL: I can mail it
4 to him, I mean -- I e-mailed him a copy, but it
5 wasn't signed today. He has a copy of the
6 letter, but it wasn't signed.
7 MR. KERRICK: Basically he
8 requested that -- this is Ken Malkemes -- that
9 we get a time extension because it has to be
10 acted on before the end of March; is that
11 correct?
12 MR. JAMES CAHILL: Yes.
13 MR. KERRICK: And he said that
14 basically all these issues should be resolved
15 before it's submitted to DEP, before we sign off
16 on it. So I guess what I'm requesting at this
17 time is a time extension.
18 MR. JAMES CAHILL: Sure.
19 April 15, mid-April, and we'll see where we are
20 there?
21 MR. KERRICK: Well, I would say --
22 MS. PICKARD: Our meeting is
23 April 2.
24 MR. JAMES CAHILL: So why don't we
25 go to the 15th? If everything's resolved on the
18
1 2nd, we're fine; if it's not resolved, we'll
2 grant another one.
3 MR. KERRICK: I don't have an
4 extension for them, but I can get it to them
5 tomorrow.
6 MR. JAMES CAHILL: Okay.
7 MR. KERRICK: And make sure you
8 get it signed. We do have a work session on the
9 2nd, at 10 a.m. If need be, we'll have Ken
10 Malkemes come to that work session or meeting
11 and you could attend as well.
12 MR. JAMES CAHILL: Okay.
13 MR. KAPELSOHN: It's an unusual
14 date and time so it's not the normal schedule.
15 MR. JAMES CAHILL: Okay.
16 MS. PICKARD: We also have
17 children attending from the elementary school
18 for that meeting as well.
19 (Discussion off the record.)
20 MR. KERRICK: Do you want to table
21 that? Manny doesn't feel we need to table it.
22 Do you want a motion to table?
23 MS. PICKARD: We don't need to
24 approve the time waiver anyway as long as he
25 signs it.
19
1 MR. KERRICK: That's correct.
2 Veteran's request for storage at
3 EMS building. We have -- I'm sorry. Did you
4 have anything else you wanted to add on that
5 issue?
6 MR. JAMES CAHILL: Not on that
7 issue, on another issue. I'll wait to the end.
8 MR. KERRICK: We're very close to
9 the end.
10 MR. JAMES CAHILL: Okay.
11 MR. KERRICK: In the back we have
12 our fire chief, Troy Counterman, and EMS
13 coordinator or emergency management coordinator.
14 You people have anything to add on
15 the use of the building?
16 MR. TROY COUNTERMAN: The -- I
17 talked to --
18 THE REPORTER: State your name,
19 please?
20 MR. TROY COUNTERMAN: Troy
21 Counterman, C-o-u-n-t-e-r-m-a-n.
22 I talked to Mr. -- I agree with
23 Mr. McDevitt and pretty much told him to come up
24 here to ask you guys for permission to use the
25 building because it's your building. We tried
20
1 to move some stuff around the best we can, we're
2 not coming up with any extra rooms.
3 We have five trucks, two trailers
4 and a boat and there's two EMS units in there
5 too now. We had an extra bay until the extra
6 ambulance came back. We don't have any room,
7 we're running out. So I don't see how we can
8 accommodate him at this time.
9 And for the outside storage when
10 his unit was done, I don't know how long the
11 storage rate was -- or how long it was going to
12 be stored there, forever until they're done with
13 it or not, but if it's there during the winter
14 maybe it can wait to plow snow.
15 MR. KERRICK: Okay. Ed, do you
16 have anything you want to add or --
17 MR. EDWARD TUTRONE: No. I agree
18 with Troy. We tried to see about room and we're
19 out of room ourselves.
20 MR. KERRICK: Mr. McDevitt, where
21 are you?
22 MR. FRANK E. McDEVITT: Yeah, I
23 just wanted to assure the EMS people, primarily
24 our work was going to be done in the summer.
25 What I'm looking for is an outside storage with
21
1 some space once in a while to do the inside
2 work. I'm really primarily interested in
3 outside storage. Most of our work would be done
4 probably on weekends.
5 We are nationally insured for
6 $2 million on a case basis. And I'm pretty
7 flexible and I will work with the people, and I
8 certainly understand and I do not want to
9 interfere with our EMS people; but our inside
10 storage is primarily based on the wintertime and
11 it looks like now I can't get it out of the snow
12 right now.
13 So it's going to be pretty much on
14 the work in the summer and mostly outside, and
15 once in a while we may need something on the
16 inside but certainly not an everyday basis. And
17 what I'm looking for is permission to put the
18 unit someplace because it's got to be moved.
19 And it's a --
20 MR. KERRICK: Well, since you
21 can't get it out of the snow, do you need an
22 answer tonight? Maybe we could search and help
23 you --
24 MR. FRANK E. McDEVITT: I just
25 want to let our membership know that we at least
22
1 have a game plan to go so --
2 MR. KERRICK: Well, as of tonight
3 the EMS building, they say, is too full and
4 won't accommodate you.
5 MR. FRANK E. McDEVITT: How about
6 the outside storage, though?
7 MR. KERRICK: Is that going to be
8 in your way?
9 MR. TIM HENDRICKS: We have --
10 there's a trailer out there now I believe from
11 the township electrician.
12 MR. KERRICK: Correct.
13 MR. TIM HENDRICKS: There's a shed
14 out back. I mean, it's up to you guys. I mean
15 if you want to put it back there in the back I
16 don't have a problem with it as long as it's not
17 in your way to plow. The farther away from the
18 building the better so it's not -- we're not
19 hampered in the response, leaving the back part
20 of the building, which would be the ambulance
21 anyway.
22 (Discussion off the record.)
23 MR. KERRICK: We don't need a
24 motion for that, do we, Manny?
25 MR. KAPELSOHN: To do what?
23
1 MR. KERRICK: Basically we're
2 going to allow him to use an outside storage and
3 we're going to explore other avenues as soon as
4 we can find a permanent home for him to store --
5 Is that all right with you?
6 MR. FRANK E. McDEVITT: That's
7 fine, sir.
8 MS. PICKARD: Can we get a copy of
9 your insurance information as well?
10 MR. FRANK E. McDEVITT: Pardon me?
11 MS. PICKARD: Could we get a copy
12 of your insurance information?
13 MR. FRANK E. McDEVITT: Yes, we
14 will. What we have to do is give them specific
15 dates when we would be working on the units.
16 Once we do that, they'll give us a certificate.
17 MS. PICKARD: Okay. Well, we
18 would need something before it's temporarily
19 moved to the location. And the township needs
20 to be named as an additional insured on that as
21 well.
22 MR. FRANK E. McDEVITT: Understood.
23 MR. KERRICK: Back on our agenda
24 to Natale and Crumb.
25 Anyone here represent Natale and
24
1 Crumb?
2 (Discussion off the record.)
3 MR. KERRICK: For the record it
4 was denied by our Tobyhanna Township Planning
5 Commission.
6 What's the board's pleasure?
7 MS. PICKARD: Make a motion we
8 deny the request of the Natale and Crumb
9 rezoning.
10 MR. LAMBERTON: Second the motion.
11 MR. KERRICK: Motion and second on
12 the floor to deny Natale and Crumb rezoning.
13 Questions or comments from the
14 board?
15 Questions or comments from the
16 public on the motion?
17 FEMALE VOICE: Thank you.
18 MR. KERRICK: We didn't vote yet,
19 hang on.
20 Call the vote.
21 Anne?
22 MS. SINCAVAGE: I abstain.
23 MR. KERRICK: Hugh?
24 MR. LAMBERTON: I'm in favor.
25 MR. KERRICK: Heidi.
25
1 MS. PICKARD: I'm in favor.
2 MR. KERRICK: I vote in favor.
3 Motion denied.
4 MALE VOICE: Wait. The motion is
5 passed.
6 MR. KERRICK: Motion is passed but
7 their motion is denied.
8 MALE VOICE: The petition is
9 denied.
10 MR. KERRICK: Petition is denied,
11 sorry.
12 At this time does the board have
13 anything else they'd like to discuss?
14 Do you have anything?
15 Open it up to the floor. Anyone
16 want to speak to the board?
17 Drake, one second. I'll get to
18 you, Mr. Tota.
19 MALE VOICE: My question is with
20 the ICC codes. In March of 2006 the new set
21 came out. Are we going to adopt them, do we
22 have to adopt them, do we automatically go in?
23 MR. KERRICK: From what I was
24 told, they automatically go in as they update,
25 but I will verify that for you.
26
1 MALE VOICE: Okay. Because what
2 we want to do down at the firehouse, we want to
3 open up our code books so that we have the right
4 ones.
5 MR. KERRICK: Okay.
6 MALE VOICE: Okay. Thanks.
7 MS. PICKARD: I'd just like to
8 mention we do have a building code meeting at
9 7:00 at Coolbaugh on March 22 and it might be a
10 good idea for you to attend.
11 MALE VOICE: Okay.
12 MR. KERRICK: Mark that on your
13 calendar.
14 Mr. Tota.
15 MR. PETER TOTA: Yeah, I guess I
16 had contacted the -- from the (inaudible)
17 Pennsylvania. He supposedly got in touch with
18 someone from the planning board.
19 MR. KERRICK: He didn't talk to
20 anyone from the board, he talked to our field
21 superintendent.
22 MR. PETER TOTA: Are you aware of
23 the erosion on Woodland and Miller where they
24 stripped down the sides of the bank? That's an
25 erosion control and you -- all the contractor
27
1 did was strip the banks down. You used to have
2 vegetation holding the banks down. Right at
3 that intersection --
4 MR. KERRICK: I'm aware of that,
5 sir.
6 MR. PETER TOTA: Okay. You have
7 some sort of control. I guess he's going to
8 come out when the snow melts. And there are
9 other concerns that I told him about and he
10 wants to wait for that snow to melt to see what
11 has to be done.
12 Also, on these pipe crosses that
13 you're going from ditch to ditch across the
14 road, it seems like there's like a -- is that
15 done, finished? Because now they're like
16 depressed. Now you get this ba-bump, ba-bump.
17 Is that a finished product? The contractor
18 finished it?
19 MR. KERRICK: No, they're not
20 finished, sir. Next question.
21 MR. PETER TOTA: Okay. They're
22 not according to the specs, according to the
23 pipes they're putting in.
24 MR. KERRICK: Could you do that in
25 writing and then submit that to us?
28
1 MR. PETER TOTA: You want me to do
2 that in writing?
3 MR. KERRICK: Sure. Anything
4 else?
5 MR. PETER TOTA: Why can't I say
6 it?
7 MR. KERRICK: You can say it but
8 I'm not going to sit here and --
9 MR. PETER TOTA: Fine, 'cause I
10 could show you the specs of what -- you only got
11 6 to 8 inches above the pipe. A 12 inch pipe
12 needs 12 inches of fill; a 10 inch pipe needs 10
13 inches of fill. You don't have it.
14 My concern is, the contractor is
15 going to leave this development and now when the
16 road starts heaving and cracking, that means the
17 road department's gonna have to go over there
18 and fix it, because on 31 Miller's Drive, down
19 our block, supposedly your township road
20 department said we're coming back to repair it.
21 When I looked at it, you don't have the
22 recommended fill above the pipe.
23 MR. KERRICK: Sir, you said
24 supposedly.
25 MR. PETER TOTA: I know for a
29
1 fact.
2 MR. KERRICK: You could sit here
3 and keep talking. I don't know. I can't answer
4 that question.
5 MR. PETER TOTA: All right. Fine.
6 That's a concern of mine also, 'cause since you
7 use the taxpayer's money, if the job is done
8 wrong -- and you already paid the contractor.
9 MR. KERRICK: Fine.
10 MR. PETER TOTA: Okay. There was
11 already a car towed out and -- Bill Balkenhol,
12 B-a-l-k-e-n-h-o-l, he lives on 28 Miller's
13 Drive, right across from the No. 12 (inaudible),
14 he didn't know that the trench was that deep,
15 it's filled with snow. His whole truck was
16 buried in it and he had to get towed out by
17 Triple A.
18 That's only one of the safety
19 issues that you should be aware of. This is
20 just the start of it, he didn't know at all that
21 that trench was there. And I tried to explain
22 to you a couple of meetings ago that you're
23 going to wind up with a problem. Somebody's
24 either going to roll a car over or there's going
25 to be an accident. You can sit there and -- I
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1 can say right and you can say wrong.
2 MR. KERRICK: I didn't say that,
3 sir.
4 MR. PETER TOTA: Well, I could say
5 a car is going to fall into it and you can say
6 well, when it happens we'll worry about it.
7 MR. KERRICK: I didn't say that
8 either, sir.
9 MR. PETER TOTA: Okay, I'm saying
10 it.
11 MR. KERRICK: Okay.
12 MR. PETER TOTA: My concern is
13 that if there was some sort of -- God forbid a
14 fatality or somebody did get hurt real bad,
15 who's responsible for it? If he did skid off
16 and get into a deep trench where's there no --
17 you're doing it right. I checked everything you
18 did; you're doing everything to the letter. And
19 I appreciate it.
20 MR. KERRICK: Thank you.
21 MR. PETER TOTA: But you have no
22 safety issues involved. You're just digging a
23 trench, you're not caring about the people.
24 MR. KERRICK: Now, don't put words
25 in my mouth. I didn't say I didn't care about
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1 the people.
2 MR. PETER TOTA: Well, I'm saying
3 that you're not caring about the people --
4 MR. KERRICK: Thank you. You said
5 it.
6 MR. PETER TOTA: I am saying it.
7 You're not caring about anyone. You're not
8 caring about -- the children now have to stand
9 on the road, they can't stand on the shoulder
10 waiting for this bus. A bicyclist can fall in,
11 get hurt. And it used to be a small little
12 trench.
13 I'm saying that the township is
14 doing everything to the letter to get rid of the
15 worst, but you're not protecting the people of
16 Lake Naomi. You are making a potential hazard,
17 and it is a hazard. Already we got one car, the
18 truck that fell in and had to get towed out.
19 Thank God the snow was there, that held him up,
20 but he couldn't get out.
21 I would like the planning board to
22 come up with some sort of -- either put boulders
23 there, put something there that people can't
24 fall in the trench.
25 MR. KERRICK: What if they hit the
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1 boulder, then who's responsible?
2 MR. PETER TOTA: But at least if
3 you hit the boulder you're protected.
4 MR. KERRICK: What if somebody
5 dies when they hit the boulder, then who's
6 responsible?
7 MR. PETER TOTA: You're right, a
8 hundred percent right. All I want to know is
9 the responsibility end of it.
10 MR. KERRICK: Okay.
11 MR. PETER TOTA: The township --
12 MR. KERRICK: The field
13 superintendent has written you a letter. We got
14 your address tonight, we're going to submit that
15 to you.
16 MR. PETER TOTA: That's fine,
17 good. And also, then those questions that I
18 gave you from months ago should be answered on
19 that letter?
20 MR. KERRICK: To the best of my
21 knowledge.
22 MR. PETER TOTA: Okay. All right.
23 And if you want to give the specs to your gold
24 bond pipe that you're putting in, these are the
25 specs; and you're not following the
33
1 specifications of the installation of the pipe.
2 If you want me to present it to you --
3 MR. KERRICK: Sure.
4 MR. PETER TOTA: -- and show your
5 planning engineer. You need, for a 12 inch
6 pipe, 12 inches of fill, not 6, not 8.
7 MR. KERRICK: Depends on the type
8 of pipe, sir.
9 MR. PETER TOTA: I already checked
10 the pipe.
11 MR. KERRICK: Thank you. Anything
12 else?
13 Ed Tutrone.
14 MR. EDWARD TUTRONE: Ed Tutrone,
15 field superintendent. I just wanted to make a
16 comment. As far as the erosion control, we did
17 do temporary stabilization on that bank that Mr.
18 Tota is speaking of prior to the snow falling,
19 after the work was completed, but it's only
20 temporary until the springtime and then we can
21 do the proper stabilization due to the weather.
22 MR. KERRICK: Thank you.
23 Ms. Snow?
24 MS. SNOW: I'm just wondering if
25 the search is continuing for our township
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1 manager?
2 MR. KERRICK: At the present time
3 we're putting together an advertisement, and
4 that's as far as we are at this time.
5 MS. SNOW: Fette?
6 MR. HERMAN FETTE: My name is
7 Herman Fette. I came here tonight to thank the
8 board and the employees of Tobyhanna Township.
9 Back in February when we had that severe snow
10 and ice storm -- I represent Schliers Towing out
11 of Tannersville -- we were called by Carbon
12 County Call Center to address the county line,
13 the dip on 940 on -- by Harmony Beverage. We
14 waited for over three hours for PennDOT to
15 respond to several tractor trailers in the
16 bottom.
17 Myself, another member from
18 another towing firm, we were also victims of
19 that dip down there. We couldn't get in to
20 rescue the people who were stranded down below.
21 The one gentleman was taken out by ambulance
22 because he could not receive medication. Again,
23 three hours we waited for PennDOT, nobody came.
24 After three hours trucks started coming. People
25 were excited, here comes PennDOT. People were
35
1 wrong. Tobyhanna Township came.
2 The men of this department did a
3 great service that night by going above and
4 beyond what just their job called for. I know
5 'cause I used to do their job. They are to be
6 complimented and commended and contrary to what
7 the gentleman previously spoke, I have never,
8 never met an employee of Tobyhanna Township who
9 didn't have the public welfare firsthand in
10 mind.
11 Simple. Done. Thank you for your
12 time.
13 MR. KERRICK: Thank you, Mr.
14 Fette.
15 Anyone else wish to speak to the
16 board?
17 Anyone else?
18 Motion for adjournment?
19 Mr. Cahill, you had something you
20 wanted?
21 MR. JAMES CAHILL: I just wanted
22 to set up a call with Manny.
23 MR. KAPELSOHN: We can do that
24 after.
25 MR. KERRICK: Second?
36
1 MS. SINCAVAGE: Second.
2 MR. KERRICK: We're adjourned.
3 Thank you for coming.
4 (Meeting concluded at 7:20 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
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.
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15 ______________________
16 EVILYS E. BRATHWAITE
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