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                                                                                                October 4, 2007

                                                                                                Thursday, 7:30 p.m.

MINUTES

 

Chairman John P. Sivick called the meeting to order at 7:30 p.m.  Also present were Richard C. Vollmer, Vice Chairman, Paul D. Menditto, Supervisor and Robert H. Rohner, Jr., Secretary/Treasurer.  Atty. Robert F. Bernathy and William J. Greiner, P.E. were not present.

 

PUBLIC COMMENTS:

 

Ed Armstrong asked when the township’s contract with Blue Ridge Cable expires.  Mr. Sivick advised Mr. Armstrong to call the municipal office to find out the exact date.

 

Scott Hanna stated that the township did a good job with the clean up days.  Mr. Hanna asked if there is any news with Community Drive in Middle Smithfield Township, and the SR 2001 project.  Mr. Sivick stated that it would be covered under the roadmaster’s report.  Mr. Hanna asked when the police study committee will meet.  Mr. Vollmer stated that the committee will have another workshop, and then a public hearing will be scheduled.

 

APPROVE THE MINUTES OF SEPTEMBER 14, 2007:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of September 14, 2007 as presented.  Unanimous.

 

APPROVE THE MINUTES OF SEPTEMBER 20, 2007:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of September 20, 2007 as presented.  Unanimous.

 

AUTHORIZE THE PAYMENT OF THE BILLS ON LIST #1, LIST #2 AND THE TRANSFERS AS PRESENTED:

 

Motion made by Mr. Vollmer and second of Mr. Menditto to authorize the payment of the bills on List #1, List #2 and the transfers as presented.  Unanimous.

 

PIKE COUNTY HUMANE SOCIETY:

 

Barry Heim and Steve Warshaw were present to represent the humane society.  The supervisors presented a $4,000.00 check which represents the township’s 2007 donation.

Mr. Heim stated that the donation is very much appreciated.  Lehman Township is the largest donor out of the other Pike County townships and boroughs.  The money will be used to upgrade the outdoor kennels in the Keystone Building.  The society has a 98% adoption rate.

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OLD BUSINESS:

 

  1. STORM WATER MANAGEMENT PROJECT – WINONA FALLS ROAD:

 

Tabled.

 

NEW BUSINESS:

 

  1. RESOLUTION NO. 230 – CLOSING OUT COMMUNITY CONSERVATION PARTNERSHIPS GRANT PROJECT (BRC-TAG-11-217) FOR THE AMOUNT OF $35,000.00.

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve Resolution No. 230.  Unanimous.

 

MISCELLANEOUS:

 

  1. The Pumpkin Patch will be held on Friday, October 26th beginning at 6:30 p.m.  This event is held with the help of the Bushkill Youth Association.  There will be hayrides and refreshments. 

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

Tabled.

 

Mr. Sivick stated that the crew has been busy with maintenance work on Mink Pond Road.  Cleaning up from Clean Up Days.  Sunset Road resurfacing and shoulder work.  Toms Creek Road is being used as a bypass while the bridge on Rt. 209 is repaired.  The road will have an overlay.  New garage doors were installed on a building in the community park.  Vehicle maintenance.  On October 23rd at 9:00 a.m. the supervisors will meet with the supervisors of Middle Smithfield Township to continue the discussion of re-opening Community Drive.  Hopefully the road will re-open in the Spring of 2008.  The properties within Phase 1 of the SR 2001 project have been purchased.  Some properties outside of Phase 1 have also been purchased.  Bid letting in April 2008.  Any issues with the park service have been completed.  PennDot is dragging their feet.

 

ADDENDUM NO. 1:  Mr. Vollmer stated that the construction of the cell tower on East Sugar Mountain Road has been completed.  At this time there is no date for when service will begin.

 

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There being no further business, meeting adjourned at 7:46 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                              Respectfully submitted,

 

 

 

                                                                                              Robert H. Rohner, Jr.

                                                                                              Secretary/Treasurer


                                                                                                October 18, 2007

                                                                                                Thursday, 7:30 p.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 7:30 p.m.  Also present were Richard C. Vollmer, Vice Chairman, Paul D. Menditto, Supervisor, Atty. Robert F. Bernathy, William J. Greiner, P.E. and Robert H. Rohner, Jr., Secretary/Treasurer.

 

PUBLIC COMMENTS:

 

Scott Hanna asked why List #1, List #2 and the transfers that are voted on each meeting are not attached to the agenda for those in attendance.  Atty. Bernathy stated that they are a matter of public record, and that Mr. Hanna can visit the office during normal business hours to review.  To do so at the meeting would be burdensome. 

 

Mr. Hanna commented on the “No dumping of Garbage” signs at the recycling bins.

 

Mr. Hanna commented on the 911 Re-addressing and that there is a road near him that has no name.  Mr. Sivick stated that it will be reviewed with the zoning office.

 

Mr. Hanna asked if the Police Committee had held their workshop yet.  Mr. Sivick reminded Mr. Hanna that this time is for comments.  Not an question and answer session.  If some one wants an item placed on the agenda, they are to contact the office.

 

APPROVE THE MINUTES OF OCTOBER 4, 2007:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of October 4, 2007 as presented.  Unanimous.

 

APPROVE THE MINUTES OF OCTOBER 9, 2007:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of October 9, 2007 as presented.  Unanimous.

 

AUTHORIZE THE PAYMENT OF THE BILLS ON LIST #1, LIST #2 AND THE TRANSFERS AS PRESENTED:

 

Motion made by Mr. Vollmer and second of Mr. Menditto to authorize the payment of the bills on List #1, List #2 and the transfers as presented.  Unanimous.

 

SAFE HAVEN:

 

Susan Hines, the director represented Safe Haven.  Safe Haven is the new name for Survivors’ Resources.  The organization is not federally funded, so they rely on local funding.  The organization is currently running a “Paint Pike Purple” campaign to make

                                                                                             October 18, 2007

 

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people aware of their existence.  The supervisors presented a check for $3,000.00 which represents the township’s donation for 2007. 

 

2007 FIRE RELIEF CHECK IN THE AMOUNT OF $67,125.78:

 

James Owen, treasurer for the Bushkill Fire Relief Association was present to accept the check in the amount of $67,125.78.

 

OLD BUSINESS:

 

  1. STORM WATER MANAGEMENT PROJECT – WINONA FALLS ROAD:

 

The erosion control plan is being completed, and will be forwarded to the county.

 

NEW BUSINESS:

 

  1. EXONERATE 2007 TAXES FOR THOSE PROPERTIES EXPOSED TO

JUDICIAL SALE:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to exonerate the 2007 taxes on those properties exposed to the judicial sale.  Unanimous. 

 

  1. COMMUNITY PARK DEVELOPMENT:

  

      Mr. Sivick stated that GTS Technologies has submitted a proposal to do technical

      work as it relates to ball fields, stream bank erosion problem and the anchoring of

      walkways.  Motion made by Mr. Vollmer and second of Mr. Menditto to contract

      with GTS Technologies.  Unanimous. 

 

  1. IT IS THE INTENT OF THE SUPERVISORS TO APPOINT KIRK, SUMMA & COMPANY TO AUDIT THE 2007 FINANCIAL RECORDS OF THE TOWNSHIP AND THE TAX MONIES SUPPLIED TO THE FIRE COMPANY:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to appoint Kirk, Summa & Company to audit the 2007 financial records of the township and the tax monies supplied to the fire company.  Unanimous.

 

  1. NICOLE DEFOUR CORRESPONDENCE REGARDING 2006 PROPERTY

TAXES:

 

 

 

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Mr. Sivick stated that Ms. Defour is requesting that the supervisors waive the penalty and interest she has accrued on her unpaid taxes.  Atty. Bernathy stated that he will forward correspondence to Ms. Defour stating that the penalty and interest is a matter of law, and that the supervisors are duty bound to collect those fees.  They can not waiver those fees. 

 

  1. DELAWARE FOOTBALL LEAGUE’S REQUEST FOR THE USE OF

          THE COMMUNITY PARK ON NOVEMBER 3, 2007:

 

A letter had been received from Jennifer Passamonte of the Delaware Football League requesting the use of the community park on November 3rd for their year end celebration.  Motion made by Mr. Vollmer and second of Mr. Menditto to grant the approval, and that the organization is required to submit a Certificate of Insurance.  Unanimous.

 

  1. WAIVE FEES FOR THE HABITAT FOR HUMANITY PROJECT IN POCONO MOUNTAIN LAKE ESTATES, LOT 107, SECTION 5A:

 

Mr. Vollmer stated that the supervisors have granted this request in the past.  Motion made by Mr. Menditto and second of Mr. Volmer to waive the permit fees for sewage, zoning and building.  Unanimous.

 

MISCELLANEOUS:

 

  1. The Pumpkin Patch will be held on Friday, October 26th beginning at 6:30 p.m.

 

  1. The supervisors will meet with the Middle Smithfield Township Board of

Supervisors on Tuesday, October 23rd, at 9:00 a.m., at the Middle Smithfield Township Municipal Building to discuss Community Drive.

 

  1. The Zoning Hearing Board will conduct a hearing on Wednesday, November 7th, at 4:30 p.m.  James Pavlovsky is requesting a side yard set back variance (to the extent necessary) for his property located in Pocono Mountain Lake Estates, Lot 130, Section 2.                                                                

 

ADDENDUM #1:  Atty. Bernathy stated that Lehman Township resident, and candidate for Pike County Prothonotary, Michael Meachem filed an injunction that the township’s political sign ordinance violated his freedom of speech by requiring him to obtain a permit and pay a fee.  Mr. Meachem was basing his lawsuit on a repealed ordinance.  The previous ordinance did require a security bond.  The ordinance was updated in 2004 to adhere to Pennsylvania and federal laws.  It was Mr. Meachem’s burden to obtain the

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correct ordinance.  It is Atty. Bernathy’s opinion that the lawsuit was without merit and frivolous.  Atty. Bernathy conferred with Mr. Meachem’s attorney, and the attorneys for

the township’s insurance carrier before the schedule hearing date of October 19th.  Atty. Bernathy exchanged case law as it relates to time limits placed on the posting of political signs, and the placement in road right-of-ways.  Case law reflects that there shall be the safe operation of a motor vehicle.  A conglomerate of political signs can be a distraction to drivers.  The Lehman Township ordinance is constitutional.  Mr. Meachem’s attorney agreed and has withdrawn the complaint against the township.

 

ADDENDUM #2:  Mr. Vollmer stated that the fence has been erected around the cell tower located on East Sugar Mountain Road.  Providers will be installed in the new year.

 

ADDENDUM #3:  Mr. Vollmer stated that the committee for the police study is tweaking their report, and it may be submitted within the next couple of weeks.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

Two copies of the erosion control plan had been signed by Mr. Sivick, and the

plan will be forwarded to the conservation district on October 19th.

 

Mr. Sivick stated that the crew has been busy with shoulder and drain work on Mink Pond Road.  Vehicle maintenance.  A fallen tree was removed from Krump Road.  Installed a new sign on Log & Twig Road.  Equipment being prepared for the winter season.  Salt and cinders will be ordered soon.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 7:54 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                           Respectfully submitted,

 

 

 

                                                                                           Robert H. Rohner, Jr.

                                                                                           Secretary/Treasurer


                                                                                                October 23, 2007

                                                                                                Tuesday, 2:30 p.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 2:30 p.m.  Also present were Richard C. Vollmer, Vice Chairman, Paul D. Menditto, Supervisor, Atty. Robert F. Bernathy and Robert H. Rohner, Jr., Secretary/Treasurer.  William J. Greiner, P.E. was not present.

 

PUBLIC COMMENTS:

 

No comments were received.

 

COMMUNITY DRIVE -  MIDDLE SMITHFIELD TOWNSHIP:

 

The supervisors met with the supervisors for Middle Smithfield Township today to discuss re-opening Community Drive located within Middle Smithfield Township.  Community Drive has been closed, and the supervisors for both townships are interested in entering into an intergovernmental agreement to open and maintain that road.  It is beneficial to the residents of both townships.  It is a health, safety and welfare issue.  The supervisors for Middle Smithfield Township will vote on the matter at their meeting this evening.  Middle Smithfield’s solicitor; Jennifer Wise, will contact Atty. Bernathy to discuss the details of the agreement.  Motion made by Mr. Sivick and second of Mr. Menditto to enter into an intergovernmental agreement with Middle Smithfield Township to re-open and maintain Community Drive located within Middle Smithfield Township.  Unanimous.

 

ATTY. DENNIS DUNN:

 

Atty. Bernathy stated that Atty. Dennis Dunn, counsel for a contributing lender for the Wolfington Group, who is developing Highland Village has contacted the township that he is gathering information for his client whom has issued loans to the developer.  Atty. Dunn has requested that he be able to remove the voluminous amount of records, and transport them to a copying business located in Milford for reproduction.  Atty. Bernathy informed Atty. Dunn that all public records are maintained in the township building, and those originals must stay in building.  Copies are to be made in front of a township employee during normal business hours.  Atty. Dunn then asked if there are extra copies that could be given to him, and Atty. Bernathy suggested that he contact Mr. Greiner.  Atty. Dunn would then follow the guidelines established by Mr. Greiner’s business, Achterman Associates.  Atty. Bernathy will send a follow-up letter to Atty. Dunn.  Mr. Menditto suggested that Atty. Dunn could rent a photocopier and bring to the township for the purpose of making the necessary copies. 

 

 

 

                                                                                              October 23, 2007

 

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LEHMAN TOWNSHIP VS PRZEBOWSKI:

 

Atty. Bernathy stated that a hearing was held before Judge Kameen regarding the Przebowski’s contempt of court.  Atty. Bernathy reviewed the history of the case with the judge, and the violation of the three (3) court orders by Miss Przebowski.  The first was the preliminary injunction, second was the final injunction, and finally the contempt.  A vagrant display of abuse of the court orders.  Atty. Bernathy explained the costs incurred by the township, but it was the judge’s opinion that it is not the court’s job to recoup monies expended by townships to enforce ordinances.  It is the duty of the supervisors to enforce ordinances.  The legal counsel for Miss Przebowski stated that she has the $500. for the previous fine plus the $500. for this fine.  She was also ordered to pay $300. in attorney fees.  And that is how the judge ruled.     

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 3:05 p.m. by the motion of Mr. Menditto and second of Mr. Sivick.  Unanimous.

 

                                                                                            Respectfully submitted,

 

 

 

                                                                                            Robert H. Rohner, Jr.

                                                                                            Secretary/Treasurer


                                                                                                October 30, 2007

                                                                                                Tuesday, 2:20 p.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 2:30 p.m.  Also present were Richard C. Vollmer, Vice Chairman, Paul D. Menditto, Supervisor and Robert H. Rohner, Jr., Secretary/Treasurer.  Atty. Robert F. Bernathy and William J. Greiner, P.E. were not present.

 

PUBLIC COMMENTS:

 

No comments were received.

 

BUSHKILL EMERGENCY CORP:

 

Debbie Kulick represented the Corp.  Ms. Kulick submitted and gave an overview of a packet that details information submitted to a consultant hired by Middle Smithfield Township (a copy is a part of these minutes on file) to assist them in deciding what emergency ambulance provider will be their primary responder.  Newspaper articles had stated after the release of the consultant’s report that Bushkill missed 17% of their calls.  Ms. Kulick stated that what was not included is that the volume of calls has dramatically increased over the years.  The Corp responds to 3,000-3,300 calls per year.  Subscription support has decreased from a 17% return to a 4-5% return. 

 

The Lehman Township donation of $10,000.00 this year went towards the cost of insurance.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 3:13 p.m. by the motion of Mr. Sivick and second of Mr. Menditto.  Unanimous.

 

                                                                                           Respectfully submitted,

 

 

 

                                                                                           Robert H. Rohner, Jr.

                                                                                           Secretary/Treasurer