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March 5, 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 and Robert H. Rohner, Jr., Secretary/Treasurer. William J. Greiner, P.E. was not present.

PUBLIC COMMENTS:

No comments were received.

APPROVE THE MINUTES OF FEBRUARY 20, 2008:

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of February 20, 2008 as presented. Unanimous.

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

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

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

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

PUBLIC HEARING – ORDINANCE NO. 109:

Atty. Bernathy stated that this is the date (March 5, 2008), time (7:02 p.m.) and place (Lehman Township Municipal Building) for the hearing for the proposed Ordinance No. 109. The proposed ordinance is for an intergovernmental agreement between the Township of Middle Smithfield, Monroe County, Pennsylvania and the Township of Lehman, Pike County, Pennsylvania for the joint maintenance of Community Drive. The ordinance has been, and is at this date and time available for public inspection. Advertisements for the hearing were placed in the Pocono Record on February 25, 2008, and the Pike County Dispatch on February 27, 2008. There have been discussions on this proposal at previous meetings. The Governor’s office supports joint cooperation between municipalities. Such proposals are also authorized under and pursuant to the Second Class Township Code. Atty. Bernathy asked if there were any public comments. Scott Hanna stated that with the township doing winter maintenance on SR 2001, and with the poor condition of that road is the township equipment not getting beat up enough?

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Atty. Bernathy stated that Community Drive is a township road, not a State road. There will be shared duties and responsibilities. Liquid fuels money is collected by Middle Smithfield Township who carries the burden of repairs. Lehman Township will be responsible for winter maintenance. This proposal benefits both municipalities. John Frawley stated that as a member of the fire company it is convenient to use Community Drive when responding to emergency calls, rather then travel through Marshalls Creek. It save two to three minutes. With no further public comments received a motion was made by Mr. Vollmer and second of Mr. Menditto to close the hearing at 7:12 p.m. Unanimous. Motion made by Mr. Vollmer and second of Mr. Menditto to approve Ordinance No. 109. Unanimous. Mr. Menditto stated that with the township taking care of the winter maintenance on SR 2001, and whether or not the township makes out financially from the yearly payment received from PennDot, the township does a better job then PennDot. It is much safer for the residents and traveling public. Mr. Vollmer stated that the road crew must travel over SR 2001 to reach all other township roads, with the exception of Municipal Road so it made perfect sense to maintain that section of SR 2001. Mr. Sivick added that the township receives approximately $24,000.00 per year for winter maintenance.

OLD BUSINESS:

1. STORM WATER MANANGEMENT PROJECT – WINONA FALLS ROAD:

Tabled.

NEW BUSINESS:

1. DELAWARE FOOTBALL LEAGUE:

Tom Thompson, president and Cynthia Muldoon, secretary represented the league. The organization has been in existence for five (5) years, and encompasses Milford, Dingmans, Shohola, Delaware and Lehman Townships. 475 children participate in football and cheerleading, with approximately 140 from Lehman Township. All of the activities take place on the Delaware Township recreation fields, which are centrally located. The league does practice at the Lehman Intermediate School. The rising cost of insurance, field usage and equipment refurbishing is becoming burdensome. The league is requesting a donation from the township. Dingman Township donates $1,500.00 per year. Mr. Sivick requested that the league submit a copy of their 501 3(c) papers to the municipal office for review by the township’s solicitor. If all is clear an amount to be donated will be announced at the supervisors’ March 19^th meeting.

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NEW BUSINESS – CONTINUED:

2. HAELSIG ZONING CHANGES:

With Mr. Greiner’s absence a motion was made by Mr. Menditto and second of Mr. Vollmer to table until the next meeting. Unanimous.

3. NEW TRUCK PURCHASE:

Motion made by Mr. Sivick and second of Mr. Menditto to purchase a 2008 Chevrolet Silverado 250 HD Regular Cab 4x4 pick up truck through the State of Pennsylvania CoStars-13 Piggyback Contract. The cost is $22,754.86 delivered. Unanimous. Atty. Bernathy stated that using the state contract exempts the township from the bidding process.

4. MUNICIPAL BUILDING SECURITY CAMERA SYSTEM:

Mr. Vollmer stated that two quotes had been received for a new security camera system. A third quote was attempted, but was not received. The first quote was from Vector Security in the amount of $6,360.00. The second quote received was from Equalizer Security & Technologies, Inc. in the amount of $5,400.00. Motion made by Mr. Menditto and second of Mr. Vollmer to accept the quote from Equalizer for $5,400.00. Unanimous.

5. PUT OUT TO BID – GENERATORS:

Mr. Sivick stated that the township will purchase a generator for the township and

the fire company. Specifications will be received, and put out for bid. Motion

made by Mr. Sivick and second of Mr. Menditto to put out for bid the purchase of

two (2) generators. Unanimous.

6. SURVEY – POCONO RANCHLANDS, LOT 189, SECTION 2:

Mr. Sivick stated that the supervisors have been made aware of a survey submitted by a builder that may be incorrect. It has been an ongoing problem that needs to be resolved. Motion made by Mr. Menditto and second of Mr. Vollmer to have a survey conducted on Lot 189, Section 2 within Pocono Ranchlands. Unanimous.

7. HOURLY RATE INCREASES – SOLICITORS AND ENGINEER:

Motion made by Mr. Menditto and second of Mr. Vollmer to increase the hourly

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fee charged by the township’s solicitor, engineer and zoning hearing board solicitor by $10.00 per hour. Unanimous.

ADDENDUM NO. 1:

Mr. Vollmer stated that the police study report has been completed. The Governor’s office has stated that there is no funding available unless there is a joint venture with a neighboring municipality. A public hearing will scheduled in the near future.

MISCELLANEOUS:

1. ECYCLING:

Mr. Sivick stated that the county has organized an electronics recycling day to be held at the municipal building on June 21, 2008 from 8:00 a.m. to 1:00 p.m. It is free of charge. The supervisors feel that this will be very beneficial to the residents.

ROADMASTER/PUBLIC WORKS DIRECTOR:

1. MINK POND ROAD CULVERT PROJECT:

Tabled.

Mr. Sivick stated that the road crew has been busy with winter maintenance. Litter pick up throughout the township. Drain cleaning throughout the township. Vehicle maintenance. Addressed small flooding areas. Community park maintenance. There is no news on the SR 2001 project, but the supervisors will stay on top of it.

ADDENDUM NO. 2:

Mr. Menditto stated that the annual Easter Egg Hunt will be held on Sunday, April 16^th beginning at 2:00 p.m. It is free and refreshments are included.

Mr. Menditto stated that there will be a “Meet the Candidates” on March 29^th beginning at 10:00 a.m. at the fire house on Evergreen Drive. The presidential candidates have been invited.

Don’t forget to move your clocks ahead this weekend.

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ADJOURNMENT AND EXECUTIVE SESSION:

There being no further business motion made by Mr. Sivick and second of Mr. Menditto to adjourn at 7:40 p.m. and to go into Executive Session regarding personnel. Unanimous.

Respectfully submitted,

Robert H. Rohner, Jr.

Secretary/Treasurer

March 14, 2008

Friday, 3:30 p.m.

MINUTES

Chairman John P. Sivick called the meeting to order at 3:30 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:

No comments were received.

FREEDOM SYSTEMS QUOTE - COMPUTER WORK STATION:

Motion made by Mr. Vollmer and second of Mr. Menditto to accept the quote of $1,636.16 from Freedom Systems for a computer work station. Unanimous. This item is under State contract exempting the township from the bidding requirements.

SIMONE COLLINS PROPOSALS:

Simone Collins submitted two (2) proposals (they are a part of these minutes on file). #07108.10 is for professional planning services for open space and recreation plan. Total amount is $44,650.00. #08005.10 is for the 2008 grant applications for Lehman Township’s open space and recreation. There will be two (2) corrections to page 2. The first paragraph of Acquisition Application – Apply for Phase 1 Open Space Acquisition. The sentence shall read as “it would “not” preclude Lehman Township from submitting a second application for “Acquisition””. Under Scopes of Services the total actually adds up to $9,500.00. Motion made by Mr. Sivick and second of Mr. Vollmer to accept proposal #07108.10 and #08005.10 with the corrections. Unanimous.

SCHEDULE A MEETING WITH HIGHLAND VILLAGE SUBCONTRACTORS:

A meeting will be scheduled with Highland Village representative Michael Stadulis to discuss escrow releases requested by the subcontractors. There are questions which need to be answered. A meeting will be scheduled for Thursday, March 27^th at 3:30 p.m.

OUTDOOR FURNACES:

Atty. Bernathy stated that the planning commission would like to know if they are to focus on just outdoor furnaces, or something more comprehensive. The decision was that the supervisors want the focus on outdoor furnaces. There will be a five (5) acre minimum. Mr. Greiner will put it into a draft form, including regulations and restrictions and the supervisors will adopt under the Second Class Township Code.

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CELL TOWERS: GANDOLFO AND VAN WHY:

VAN WHY: Mr. Vollmer stated that there were conditions placed on the approval of this tower site. If there is no provider installed on the tower for a period of nine (9) months, an in place removal bond can be used to remove the tower. This tower has been up since November/December of 2007. Is it nine (9) months from the issuance of the Certificate of Occupancy or when the tower was erected? Atty. Bernathy answered that it is nine (9) months from cessation of use, as outlined in paragraph 14 of the decision. And you must also refer to the township’s zoning ordinance which states that the owner has one (1) year to complete the construction, with an additional 24 months extension with good cause. Mr. Vollmer will continue to monitor.

GANDOLFO: The land development for this site stipulated a joint driveway with Columbia Gas Company. The access road for this tower is now through Pocono Ranchlands and an individual lot owner within that community. It is the understanding of the zoning officer that a 99 year agreement has been executed with Ranchlands and the property owner. A copy of the leases was requested by the zoning officer, and those copies should be received within the next couple of days. It is also noted that the zoning permit for this site has expired, and the commercial building inspector did his final inspection (electrical) on February 14, 2008. A Certificate of Occupancy has not been issued for this project even though a provider has been installed. Atty. Bernathy stated that his concern is that leases do not have to be renewed. He will review those leases when received. Atty. Bernathy stated that a zoning violation should be issued since no service road has been installed. The keys to the tower site have not been submitted. An annual inspection fee needs to be established. As-built plans must be submitted once the construction has been completed. Motion made by Mr. Sivick and second of Mr. Menditto to set the annual inspection fee at $125.00. Unanimous.

THE GLEN AT TAMIMENT AND EAGLE VILLAGE – AS BUILT CONDITIONS:

EAGLE VILLAGE RECREATION AREA: Mr. Greiner disagrees with the calculations for the pipe flow. Mr. Greiner stated that the flows through the culvert were analyzed using an analysis for full flowing pipe. It did not consider the impact of the culvert. Flows through a culvert should be analyzed for both inlet and outlet conditions before the capacity can be determined. The entrance to the culvert causes significant turbulence that increases the headwater at the inlet. Mr. Greiner’s preliminary calculations show that the headwater necessary to support the 6.18 cfs flow rate would be approximately 1.9 feet above the invert of the inlet. Previous measurements found that the actual elevation difference between the invert and the edge of the road was 0.75 feet. This means that the road will flood before the culvert can pass the full design flow. It is Mr. Greiner’s opinion that the culvert does not have sufficient capacity to pass the design

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storm without flooding the road. Motion made by Mr. Vollmer and second of Mr. Menditto to take the recommendation of the township’s engineer, and notify the developer so that the corrections can be made. Unanimous.

THE GLEN RECREATION AREA: Mr. Greiner stated that the flows through the culvert were analyzed using an analysis for free flowing pipe. It did not consider the impact of the culvert. Flows through a culvert should be analyzed for both inlet and outlet conditions before the capacity can be determined. The entrance to the culvert causes significant turbulence that increases the headwater at the inlet. New calculations should be submitted. Mr. Greiner’s preliminary calculations show that the headwater necessary to support a 3.62 cfs flow rate would be approximately 0.9 feet above the invert of the inlet. Previous measurements found that the actual elevation difference between the invert and the edge of the road was 0.89 feet. This means that the road will be subject to slight flooding along the edge at the time of the design storm. It is Mr. Greiner’s opinion that the culvert will marginally pass the required design storm. No freeboard is available for the design condition. Freeboard is required according to the ordinance. The road may begin to flood during a greater storm. The developer will be notified. Motion made by Mr. Vollmer and second of Mr. Menditto to take the recommendation of the township’s engineer that the construction of the culvert is not in compliance with the township’s stormwater management ordinance, and that the developer will be required to increase the size of the culvert. The developer will be notified. Unanimous.

ADJOURNMENT:

There being no further business, meeting adjourned at 4:30 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer. Unanimous.

Respectfully submitted,

Robert H. Rohner, Jr.

Secretary/Treasurer

March 19, 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 and Robert H. Rohner, Jr., Secretary/Treasurer. William J. Greiner, P.E. was not present.

PUBLIC COMMENTS:

John Frawley stated that he saw PennDot outlining potholes with paint on SR 2001.

Scott Hanna commented on the purchase of a generator for the fire company. Mr. Hanna commented on fencing the ball field at the municipal building. Mr. Hanna commented on the upcoming Clean Up Days. Mr. Hanna commented on the excavation work on the left side of the municipal building.

Al Brizzi commented on the conditions of the roads within Sunset Acres. Mr. Sivick stated that it will be discussed under the roadmaster’s report.

APPROVE THE MINUTES OF MARCH 5, 2008:

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of March 5, 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.

OLD BUSINESS:

1. STORMWATER MANAGEMENT PROJECT – WINONA FALLS ROAD:

Tabled.

2. HAELSIG ZONING CHANGES:

Tabled.

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ADDENDUM NO. 1 – DELAWARE FOOTBALL LEAGUE’S REQUEST FOR A DONATION:

Mr. Menditto stated that with a total participation of 475 children, with 140 of those from Lehman Township, the supervisors have decided to donate $1,000.00 to the league. Motion made by Mr. Menditto and second of Mr. Vollmer to donate $1,000.00 to the Delaware Football League. Unanimous.

NEW BUSINESS:

1. POCONO MOUNTAINS VISITORS’ BUREAU:

The supervisors want to meet the new director for the Pocono Mountains Visitors’

Bureau. They want to discuss why funds will not be used to open the Mountain Laurel Art Center. The secretary/treasurer will notify the director, and schedule a meeting for late April, early May.

2. BUSHKILL FIRE COMPANY FIRE POLICE:

Atty. Bernathy stated that he had reviewed the affidavits submitted by the fire company for the 2008 fire police roster. The affidavit for Robert Vandercar was not included. Richard Tennis will be removed from the list. Mr. Tennis passed away, and Mr. Sivick stated that Mr. Tennis dedicated a lot of time to the fire company, and he will be missed. There are two (2) new members to the roster, Marina Cameron and Allan Denard. The roster is a part of these minutes on file. Motion made by Mr. Vollmer and second of Mr. Menditto to approve the fire police roster for 2008 with the exception of Robert Vandercar. Unanimous. Marina Cameron was present, and was then sworn in by Mr. Sivick.

3. GIRL SCOUT TROOP #410 – USE OF THE COMMUNITY PARK:

Mr. Vollmer stated that the hours of use will be from 12-3 p.m. on June 1, 2008. Motion made by Mr. Menditto and second of Mr. Vollmer to approve the use of the Lehman Township Community Park to Girl Scout Troop #410 on June 1, 2008 from 12-3 p.m. Unanimous.

4. BUSHKILL EMERGENCY CORP:

Mr. Vollmer stated that this past week there was an article in the Pocono Record regarding the Bushkill Ambulance Corp, and that they would be strictly in Middle Smithfield Township. Where does that leave Lehman? Mr. Vollmer spoke to the corp, and was informed that the article was incorrect and that a correction will be

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printed. The corp will be responding within Lehman Township.

MISCELLANEOUS:

1. CLEAN UP DAYS WILL BE CONDUCTED ON MAY 6^TH – MAY 9^TH FROM 7:00 AM TO 6:00 PM AND MAY 10^TH FROM 7:00 AM TO 2:00 PM:

Mr. Sivick stated that this new scheduled work very well with alleviating long lines. Motion made by Mr. Menditto and second of Mr. Vollmer to hold the Clean Up Days on those dates and times. Unanimous.

ROADMASTER/PUBLIC WORKS DIRECTOR:

1. MINK POND ROAD CULVERT:

Tabled.

Mr. Sivick stated that the crew has been busy with maintenance work in the community park. Potholes filled throughout the township. Hopefully PennDot will begin doing the same. Municipal property maintenance. Litter picked up along the roads throughout the township.

SUNSET ACRES: Mr. Sivick stated that he has received calls from residents within Sunset Acres regarding the poor conditions of the roads. A few residents from the community were present. These are private roads within a private community. Atty. Bernathy stated that the property owners should hire counsel of their choice, and begin the process of forming a property owners’ association. The roads are private, and the township does not have jurisdiction. If the community dedicates the roads to the township, they will become public roads. The property owners must bring the roads up to township specifications before dedication. They will need to hire an engineer. They must submit a plan for the roadways to the supervisors, as outlined within the township’s road dedication ordinance and any other requirements by the township’s engineer. The supervisors are under no obligation to accept the roads. The property owners on a pro rata basis pay for the upgrade of the roads. Atty. Bernathy recommends that the property owners should designate one person as the agent for the group. Mr. Sivick stated that in Rustic Acres, Section 6 the township by petition of the majority of property owners took ownership of the roads and upgraded those roads to township specifications. The individual property owners will be charged based upon their property’s road frontage.

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ADJOURNMENT:

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

Respectfully submitted,

Robert H. Rohner, Jr.

Secretary/Treasurer

March 27, 2008

Thursday, 3:30 p.m.

MINUTES

Chairman John P. Sivick called the meeting to order at 3:30 p.m. Also in attendance were Richard C. Vollmer, Vice Chairman, Paul D. Menditto, Supervisor, William J. Greiner, P.E. and MaryAnn Conza, Assistant Secretary. Robert F. Bernathy and Robert H. Rohner, Jr., Secretary / Treasurer were not present.

PUBLIC COMMENTS: No comments were received.

TAMIMENT: In attendance were Atty Ed Campbell, Mike Stadulis, Project Manager, Rocco Caracciolo, P.E. of Pennoni Associates and Dennis Hullmann, P.E. of Haines & Kibblehouse, Inc.

Discussion was concerning Tamiment in general, the improvements to the Clubhouses and Mr. Greiner’s comments regarding the deficiencies.

Mr. Greiner commented that he received and reviewed the calculations and data from Bursich on both Eagle Village and The Glen. He found that the culverts that were constructed do not have the full capacity and are not providing ½ foot of freeboard as instructed. Mr. Stadulis reported that the data that was provided to Mr. Greiner was from the old as-built. The Eagle Village culvert has actually been lowered since then.

Mr. Greiner commented on the culvert at The Glen that although they are not actually flooding the road, they do not have the ½ foot of freeboard based on his calculations and calculations given to him by Brian Boyer to get the necessary design flow through. Water will be right up to the edge of the road, and shoulders will be flooded right up to the edge of the pavement.

Mr. Stadulis recapped the issues with The Glen. The swale between the side of the building and Bushkill Falls Road: Locust Ridge has agreed to redo that swale.

Water coming out of the pavement and the erosion of the island: All the soil will be taken out of the island, filled with stone and this will give the pavement relief. The water will relieve itself predominantly in a location in the center of the island, which will then go across to the inlet downstream. Mr. Greiner feels that will cause erosion. Mr. Stadulis will give the township drawings of what was discussed at a meeting they had with Mr. Bellantoni and contact Mr. Boyer about culvert capacities. They came to a resolution with The Glen.

Mr. Stadulis stated that the corrections will be made by May 15, 2008.

Teicher: The trees are taken care of. Dennis Hullmann of Haines & Kibblehouse, reported on the drain swales. Five Star and Beers did the original work. Mr. Hullmann has a laundry list of what needs to be done to correct the issues with swales. Swales will be addressed in about a month, depending upon the weather and man power.

Concerning the sewer line, all the separations have been taken care of. A water leak at one of the hydrants was repaired.

Letters of credit will be supplied. Bursich is giving as-builts on swales and Riley is doing the water and sewer. Certifications will be supplied. We are holding letters of credit for Eagle Village, The Glenn and Teicher. Mr. Stadulis said there were more escrow accounts (6), than projects. He will speak to Mr. Rohner to find out what the accounts are for.

They were not aware of the Rec Center issues. A week will be needed to finish the swales. Mr. Greiner would like to know the start date and he will be there on the completion date.

There was discussion concerning the fence and the demolition which has caused safety and welfare issues. They are tearing out the steel pickets, repairing the fence and removing the hanging wires. The area around the Golf Clubhouse is being cleaned up. All of Mr. Vollmer’s concerns are being addressed. A fence is needed to keep people off the dock. The silt fence is being checked weekly.

The Sales Office is winterized and secured. The Eagle Pointe Annexation plan is starting up again. Bursich is handling that project. Negotiations are still being discussed.

The Bank has a request of the Phase 1 plan. The Bank wants them to subdivide a portion of the land to hold as collateral which equals the value held.

Atty Campbell stated that the assets of the water and sewer company are within the as-built. There are deeds that show that the water company owns some of the pump stations and/or facilities. They were not accepted out of the ALTA, and are now under the mortgage of the lender and Pulte. This is being discussed.

Mr. Sivick brought up the fact that there are no facilities to house trucks that will be taking care of the roads. Where is the salt going to be stored? There will be approximately 38 miles of roads and the HOA most likely will be taking care of them. These need to be addressed.

There being no further business, Mr. Vollmer made a motion to adjourn the meeting at 4:30 p.m. Seconded by Mr. Menditto.

Respectfully submitted,

MaryAnn Conza

Assistant Secretary