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                                                                                              July 2, 2008

                                                                                              Wednesday, 7:00 p.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 7:00 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:

 

John Frawley commented on a large rock lying along SR 2001 south of the Pine Ridge entrance.  Mr. Frawley commented on the stone wall that was knocked down by PennDot north of Municipal Road.  PennDot should repair the stone wall.  He also commented on the repaving that PennDot accomplished on Silver Lake Road to Rt. 739.  It was a good job, but guide rails need to be installed.  Mr. Sivick stated that guide rails will be installed.

 

Scott Hanna commented on the $3 million dollars that PennDot pulled from the SR 2001 project for another project.  He also inquired if the Bushkill Community Church was required to fill out the township’s registration form that other groups have had to fill out for the use of the community park.  Mr. Hanna was informed that they will be required to fill out the form as will all other groups/individuals.

 

APPROVE THE MINUTES OF JUNE 17, 2008:

 

Mr. Menditto stated that he had a correction to the SR 2001 discussion.  The third paragraph, the second sentence should be structured as a question.  Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes with the correction.  Unanimous.

 

APPROVE THE MINUTES OF JUNE 18, 2008:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of June 18, 2008 as presented.  Unanimous.

 

APPROVE THE MINUTES OF JUNE 30, 2008:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of June 30, 2008 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.

 

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ACCEPT THE FINANCIAL STATEMENTS; ALL FUNDS, FOR THE MONTH ENDED MAY 31, 2008:

 

Motion made by Mr. Vollmer and second of Mr. Menditto to accept the financial statements; all funds, for the month ended May 31, 2008.  Unanimous.

 

OLD BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT-WINONA FALLS ROAD:

 

Mr. Greiner stated that the Erosion and Sediment Control Plan has been approved by the conservation district with minor comments, and those comments have been addressed.  Mr. Greiner will submit a cost estimate for the project.

 

  1. BRODHEAD ROAD – BID AWARD:

 

Mr. Greiner stated that E. F. Possinger & Sons, Inc. submitted the low bid of $210,783.00.  The second lowest bid received was from Pickarski, Inc. with a bid of $223,613.00, followed by Petrizzo Construction $228,202.00, Leeward Construction $228,957.50, Nimaris Construction, L.P. $251,009.00, Wayco, Inc. $274,776.46, Pioneer Construction Co., Inc. $292,700.00 and Kriger Construction, Inc. $348,370.00.   The E. F. Possinger & Sons, Inc. is a valid bid.  The company’s bid packet was complete.  PA DEP has approved the GP 11 permit.  When received, Mr. Greiner will need to review the complete application, including all supplemental paperwork.  The National Park Service will be forwarding correspondence outlining a change in the seeding mixture to be used.  Mr. Greiner stated that a letter of intent to award the bid should be forwarded to E. F. Possinger & Sons, Inc., and to discuss the project with the contractor regarding any possible extra work they may arise during construction until all pertinent permits have been received.  Mr. Sivick inquired on what extra work may be required.  Mr. Greiner stated it may be additional excavation of rock and required concrete work, but Mr. Greiner does not anticipate that happening.  Also, shop prints are needed as it relates to the production of the concrete culvert.  The drawings should be available within two (2) weeks.  Mr. Sivick stated that there should have been a standard outlined within the bid packet.  Mr. Greiner stated that the individual companies have their own standards.  The individual bidders consulted with the manufacturers.  Motion made by Mr. Menditto and second of Mr. Vollmer to forward a letter of intent to award the bid to E. F. Possinger & Sons, Inc. until all required State and Federal permits have been received.  Atty. Bernathy will review the contract before it is executed with the contractor.  The shop prints will also be reviewed when received.  Unanimous.

 

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  1. PURCHASE OF A 2008 CAT 924HZ WHEEL LOADER THROUGH STATE CONTRACT:

 

Motion made by Mr. Sivick and second of Mr. Menditto to approve the purchase of a 2008 CAT 924HZ Wheel Loader through State Contract No. 2420-02.  Unanimous.

 

  1. ROBERT RICE PROPERTY:

 

Atty. Bernathy stated that the supervisors had conducted a Dangerous Structure Hearing on the Robert Rice property, and a decision had been issued directing Mr. Rice to demolished or repair the structure within sixty (60) days.  Mr. Rice did not comply.  A Notice of Judgment was filed before District Magistrate Stephen A. McBride, and executed on February 11, 2008.  Mr. Rice had thirty (30) days to appeal, which he did not do.  Atty. Bernathy will execute that judgment by writ.

 

Atty. Bernathy will conduct a property lien search, and if the supervisors agree can proceed to expose the property to a sheriff’s sale.  If the property is demolished by the township, the cost plus 10% will cause the issuance of a municipal lien.  There is no guarantee that the township will recover its money, but past experience with similar situations has seen the return of expended funds.  Mr. Menditto stated that if the property is purchased through a sheriff’s sale there is the possibility that the dangerous structure will remain.  Atty. Bernathy stated that Andy Amorosi, Zoning Enforcement Officer informed him that the property is boarded, and there has been no evidence of trespass.  Mr. Menditto stated that the decking is dangerous.  Mr. Sivick recommends putting out to bid for demolishing.  Mr. Vollmer stated that he would like to personally visit the site, so as to make a determination.  Motion made by Mr. Vollmer and second of Mr. Menditto to table.  Unanimous.

 

  1. TEMPORARY CERTIFICATE OF OCCUPANCY MT. LAUREL ART CENTER:

 

Mr. Sivick stated that the art center had been issued a temporary Certificate of Occupancy.  Mr. Sivick recommends reviewing the status of that issuance.  Information will be gathered for the next meeting.

 

 

 

 

 

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NEW BUSINESS:

 

  1. LAND DEVELOPMENT PLAN-SAW CREEK ESTATES:

 

Tabled.  No one was present on behalf of the applicant.

 

The township’s planning commission recommends approval.  There were minor drafting corrections to be made.  The applicant’s general extension of time for deemed approval expires July 9th.  Mr. Rohner will contact the applicant’s engineering firm to direct them to forward another request for an extension.  If it is not received, the supervisors will take action on July 8th.

 

  1. PROPOSED ZONING AMENDMENTS:

SLOT PARLORS

OUTDOOR WOOD FIRE BURNER

TO THE MIX USE OVERLAY ZONING DISTRICT:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to schedule the public hearing for all three (3) amendments for Wednesday, August 6, 2008.  The times will be 7:00 p.m. for the Slot Parlors, 7:15 p.m. for the Outdoor Wood Fire Burner and 7:30 p.m. for the To the Mix Use Overlay.  Unanimous.

 

MISCELLANEOUS:

 

None.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

Mr. Greiner stated that easements will need to be obtained from 2-3 property owners.  The  GP11 permit has been received from PA DEP.  Mr. Greiner will review the conditions set forth within.  Mr. Greiner will submit a cost estimate for the work to be done.

 

Mr. Sivick stated that the African American Network function in the community park was a good time for all those who attended.  The group was very appreciative, and have asked to use the park next year.  Weed trimming throughout.  Pipe replaced on Little Egypt Road.  Guide rails will be installed by Chemung on Briscoe Mountain Road and Little Egypt Road.  Bids were opened by Pocono Mountain COG on June 30th for such items as salt, anti-skid, guide rails, plastic pipe and road line painting.  The cost of salt and anti-skid have increased.

 

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ADDENDUM NO. 1: 

 

Motion made by Mr. Vollmer and second of Mr. Menditto to change the time of the supervisors’ meetings held; as needed, on Monday through Friday from 3:30 p.m. to 2:30 p.m. beginning Memorial Day through Labor Day.  Unanimous.

 

ADDENDUM NO. 2:

 

Mr. Menditto recommends that the supervisors’ forward to the planning commission for their review and recommendation an architectural standards/review ordinance for the commercial zones.  It will be placed on the planning commission’s next meeting agenda.

 

ADDENDUM NO. 3:

 

Mr. Sivick stated that the SR 2001 project is going backwards.  PennDot has shifted money away from the project because of the continuous delays.  Correspondence from PennDot states that the project will be going out for bid in December 2008. 

 

Some of the properties purchased by PennDot for the Marshalls Creek By-Pass project have been sold.  Why were they sold and who bought them?

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 7:43 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                           Respectfully submitted,

 

 

 

                                                                                           Robert H. Rohner, Jr.

                                                                                           Secretary/Treasurer


                                                                                               July 15, 2008

                                                                                               Tuesday, 2:30 p.m.

 

MINUTES

 

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

 

PUBLIC COMMENTS:

 

No comments were received.

 

APPROVE THE MINUTES OF JULY 2, 2008:

 

Motion made by Mr. Menditto and second of Mr. Sivick to approve the minutes of July 2, 2008 as presented.   

 

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

 

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

 

NICK TRAMA-SCOUTING PROJECT:

 

Mr. Trama stated that his project of constructing a storage shed at the municipal field that will be used by the various sports clubs was approved by the scouting council.  His plan has been submitted, and he has a materials list.  The project is estimated to cost $800.00.  Mr. Trama would like to hold a car wash at the municipal building as a fundraiser.  Mr. Sivick stated that he has a concern regarding the well, and that another location may be more beneficial for his efforts.  More thought will go into this request.

 

OLD BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT-WINONA FALLS ROAD:

 

Mr. Greiner stated that he had discussions with property owner Larry Kuzva, and that Mr. Kuzava is satisfied.  Mr. Kuzava had submitted the plans to his engineer.  Atty. Bernathy stated that as far as the Right of Way Agreements are concerned he has not had a response from the three (3) property owners.  He has sent a follow up letter requesting compliance.

 

  1. BRODHEAD ROAD:

 

Mr. Greiner stated that the information needed from the park service has not been

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received.  The contractor E. F. Possinger & Sons has begun the necessary bonding requirement, as well as communications with the culvert manufacturer.  The contractor will call when the shop drawings have been received.

 

  1. TEMPORARY CERTIFICATE OF OCCUPANCY MT. LAUREL ART CENTER:

 

Tabled.

 

  1. ROBERT RICE-DANGEROUS STRUCTURE:

 

Mr. Sivick and Mr. Vollmer visited the site recently.  Mr. Menditto will conduct a site inspection.  Atty. Bernathy stated that he spoke to Andy Amorosi, Zoning Enforcement Officer who stated that there may be structural problems.  Mr. Sivick stated that it is his opinion that the home is not habitable.  There is mold and mildew every where.  There are holes in the floor.  The foundation is not in the best of shape.  A section of the basement had been dug out, which in turn undermined the foundation.  Atty. Bernathy stated that there is not much property value, and that he will conduct a title search.  The township can demo the property, and place for a sheriff sale.  At this time it appears not to be an attractive nuisance, and is secure at the moment.

 

  1. LAND DEVELOPMENT PLAN-SAW CREEK TRASH AREA:

 

John Anderson of Cornerstone Consulting represented the community.  This project will reconstruct the community’s trash receptacle area.  Two (2) additional receptacles will be added for a total of three (3).  The design will give the area a more attractive look.  Landscaping will be incorporated.  Atty. Bernathy stated that the township’s planning commission recommends approval with conditions.  The first condition is that a letter be received from the community’s board of directors that states that the board has authorized this project.  The letter was received on July 10, 2008.  The second condition is that the safety control device specifications are submitted with the permit applications.  This will ensure security measures, i.e. not accessible by a child, key or card access, monitoring by an employee to make sure safety measures are in place and that there is no access by buildings, fences or gates.  All plan deficiencies have been addressed. 

 

Mr. Sivick asked the community’s manager Dave Martin if there have been any problems with the current system.  Mr. Martin responded that there have been no problems.  Mr. Sivick asked Mr. Martin if at any time in the past has an official of the township inquired if there have been any problems with the current system.  Mr. Martin responded “no”.  Mr. Martin stated that an individual would place the

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garbage in, close the door and this in turn activates the compactor.  OSHA regulates the stop switch.  The opening to the compactor is 4’ off of the ground.  The current trash area has been existence for 2 ½ decades.  The community is addressing a non-conformity issue with the township.  The township’s zoning office has issued a Certificate of Non-Conformity Use.  Mr. Martin added that the site will have 24 hour surveillance.

 

There are two (2) waiver requests:

 

1.      From Section 607.1.14.3 which requires wetlands delineation.  The site is not

in proximity of any wetlands.  Motion made by Mr. Menditto and second of Mr. Sivick to grant the waiver request.

 

2.      From Section 607.1.9 which requires all adjoining property owners be noted on the map.  The request is that only adjacent property owners be noted.  Motion made by Mr. Menditto and second of Mr. Sivick to grant the waiver request.

 

            Motion made by Mr. Menditto and second of Mr. Sivick to approve this land

            development plan with the condition that all safety devices are in place, and

            that that information is supplied when permit applications are submitted to the

            township.

 

NEW BUSINESS:

 

  1. TENNIS BLOCK PARTIES-PRIVATE COMMUNITIES:

 

The township had received correspondence from Ken Baumel (a copy is a part of these minutes on file) outlining his interest in holding Tennis Block Parties (clinics) within the private communities.  Mr. Baumel is requesting the support of the supervisors in contacting the various communities within the township.  Motion made by Mr. Menditto and second of Mr. Sivick to approve and support the Tennis Block Parties within the township.  

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

Mr. Greiner will be submitting a cost estimate for this project.

 

 

 

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Mr. Sivick stated that the crew accomplished shoulder work on Mink Pond Road.                                                                                                Community park maintenance.  The annual Blues Festival will be held at the community park on Sunday, August 3rd from 1:00 p.m. to 6:00 p.m.

 

ADDENDUM NO. 1:  Mr. Greiner stated that the paving had been completed for The Glen at Tamiment’s club house parking lot this past Monday.  The overlay was placed so as to intercept water.  Photos of the work had been forwarded to the township by the developer.  A fire hydrant had been turned on so as to conduct a test.  The water would have been more than what would be received from a normal storm.  All water had been intercepted.  The overlay is a little high, but there is no safety issue.  The developer has complied with the approved land development plan.  The Certificate of Occupancy can be issued. 

 

Mr. Sivick stated that he wants it reviewed, and to be eventually reflected in the zoning ordinance that no temporary certificate of occupancies will be issued by the township.  It is the responsibility of the developer to act accordingly.  

 

There being no further business, meeting adjourned at 3:03 p.m. by the motion of Mr. Menditto and second of Mr. Sivick.

 

                                                                                               Respectfully submitted,

 

 

 

                                                                                               Robert H. Rohner, Jr.

                                                                                               Secretary/Treasurer