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December 1, 2009
Tuesday, 10:00 a.m.
MINUTES
Chairman John P. Sivick called the meeting to order at 10:00 a.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:
Joe Bellantoni, president for The Glen at Tamiment Property
Owners Association stated that he appreciates the work done by the
supervisors. The association has had a
good working relationship with the Wolfington organization. The present issue is the water and sewer
company. Application has been made to
the Pennsylvania Public Utility Commission (PUC) for a rate increase for
water. The sewer fees have quadruple. This is not good for people on a fixed
income. The water tower is not
maintained. Residents of the community
paint over the tower graffiti. Gates
were to be installed, and the Association settled on temporary gates until all
issues settled. Still do not have gates. The association agreed to man the gates at
their expense. The pavement of
Ron Faroli of Eagle Point stated that no agreement has been signed. There is the issue of the cul-de-sac, as it relates to permanent easement rights. The entity has filed a lawsuit.
George Kelly a board member for The Glen stated that one of the main items to be addressed this year was the problem with the pool. The drainage around the pool is causing the concrete to break up. The Association was told that it would be repaired in September, and as of this date nothing has been done.
Jerry Leisten a resident of The Glen exhibited a photo of
the board signing the agreement with the developer on October 28, 2005. He also exhibited a conceptual site plan for
The Glen and
Teresa Travis a representative for the Eagle Village Property Owners Association stated that the Association is concerned as it relates to the water and sewer rate increase requested by the developer to PUC. There are 68 time share units, and there are issues with the guests being able to use the lake. They need to be able to offer more to the guests. There needs to be changes.
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Martin Gallas commented on the request for the water and sewer rate increase. There have been issues of a high lead content in the water. The company has done nothing to correct the problem. They will see a rate increase of 90 – 200%. There is no regular maintenance of the system. There are no recreation facilities. They were taken away when the hotel was torn down. The pool was poorly constructed.
APPROVE THE
MINUTES OF NOVEMBER 13, 2009:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of November 13, 2009 as presented. Unanimous.
APPROVE THE
MINUTES OF NOVEMBER 18, 2009:
Motion made by Mr. Menditto to approve the minutes of November 18, 2009 with a correction to page 3; change “bulking” to “balking”, second of Mr. Vollmer. 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.
At 10:20 a.m.; for personal reasons, Mr. Sivick left the meeting.
OLD BUSINESS:
Atty. Ed Campbell represented the developer. Atty. Campbell referred to his correspondence dated December 1, 2009 (it is a part of these minutes on file).
Atty. Bernathy stated that the decision for the master plan approval dated April19, 2007 has been reviewed by all parties prior to this discussion.
Conditions #1-#5 are findings of facts rather than conditions.
Conditions #6, 7 and 8 relates to the pace of commercial development to the residential development. The applicant is required to construct a minimum of 50,000 square feet of commercial space on or before the completion of 1,000 residential units. For each additional 1,000 residential units an additional 25,000 square feet of commercial space is required. The developer has prepared a commercial space sketch plan. The developer has been granted preliminary
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approval for approximately 490
residential units. Preliminary approval
for approximately 700 additional units is pending. The proposed commercial space will be located
on the northwest side of
Conditions #9-#13 relates to the
age restricted v. market rate residential.
Conditions #9 and #10 require that at least 450 of the first 2,000
residential units be age restricted, and thereafter certain additional
thresholds maintained. In the end the
development must contain at least 45% age restricted housing. Conditions #11 and #12 relates to required
deed restrictions that shall be subject to the township’s review and
approval. Condition #13 relates to
minimum facilities that shall be part of all active adult communities within
Conditions #14 provides the protocol for enforcement of Conditions #1 through #13.
Condition #15 provides that the
developer shall reimburse
Condition #16 requires the developer to pay the township a general impact fee in the amount of $1,408,000. The first payment was in received in April 2009. The next payment is due April 19, 2010.
Condition #17 requires the
developer to convey land to the township for the purpose of constructing a
municipal services building. This
conveyance was to be completed 120 days of the Master Plan approval. Atty. Campbell stated that the developer
offered the temporary use of the chalet.
Atty. Bernathy stated that it has been pending for over two (2) years,
so there is no need to delay any further.
The proposed property is located across from the entrance to the
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Condition #18 requires that the developer provide at least two (2) emergency access points to Saw Creek Estates. The developer has not submitted plans for development adjacent to Saw Creek. The required access points will be constructed through Sections N and R.
Condition #19 requires that all
traffic improvements be completed within four (4) phases and that all improvements
required for
Condition #20 requires the minimum
of fifty percent (50%) of all land within
Condition #21 requires the developer to convey a suitable parcel to the township for the use as a park and recreational facilities. The developer is ready to move ahead on this conveyance. The supervisors feel that, after an inspection, the parcel offer may not be suitable. Mr. Menditto stated that the supervisors need the dimensions of the parcel. The property is shaped like a bow-tie, and is not suitable for playing fields. The developer’s engineer will inspect the parcel.
Condition #22 provides that all development will utilize a standard of 300 gallons of potable water per residential unit, unless modified by the supervisors. The supervisors modified that requirement to 280 gallons per residential unit earlier in 2009. The developer proposes that their data shows that less water will be needed. The developer will request an adjustment at a later date.
Condition #23 requires that all new
wells required for the development of
Condition #24 states that the developer agrees that all sewage flows shall be in accordance with approved planning modules.
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Condition #25 states that the developer agrees to pay the required Open Space fee imposed by the township.
Condition #26 states that the developer agrees to place fire hydrants within the development in conjunction with the Bushkill Fire Company.
Condition #27 states that the master plan approval expressly provides that the approval is conceptual in nature and anticipates that deviations will occur as individual land developments are submitted for approval. Atty. Campbell gave the example of Section JH4 which was less expansive than originally planned. Section A leaves slopes undisturbed. Atty. Bernathy stated that it is expressly written that it will be the decision of the supervisors what is and is not a minor deviation.
Conditions #28-#30 require the
developer to meet twice a year with representatives of three (3) specific
neighboring property owners. The
developer has met with and has been in regular dialogue with representatives of
the Little Bushkill Rod & Gun Club and
These entities are to be kept inform of the storm water work. Atty. Bernathy asked if the developer has been placed on notice of any storm water encroachment. Atty. Campbell stated that the developer has been notified by Mr. Sivick of a situation in the Saw Creek community. The developer is meeting with Saw Creek this date to discuss interim plans.
Condition #31 states that in order to facilitate commercial development this condition expressly permits that certain sections of Highland Village Master Plan can be converted from residential to commercial uses. The developer is compliant with this condition and is developing sketch plans that expand commercial uses into areas that were originally designated as residential.
Condition #32 requires the
developer to post security with the township for any reconstruction of the
Tamiment Golf Course. The purpose of
this condition is to insure that storm water is properly and efficiently managed
as a result of the golf course work. It
is now the intent of the developer to make changes to the driving range
only. There will be cosmetic work to the
rest of the course, but it will remain the same. There will be two (2) components of the
commercial development, a traditional concept to be located across the street
from the
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Mr. Greiner’s comment letter dated 11/17/09 is a part of these minutes.
Rocco Caracciolo’s waiver request letter dated 11/18/09 is a part of these minutes.
Atty. Campbell stated that the developer is requesting a waiver from the township’s SALDO 706.6 (water study/well testing) requirement until plans are submitted for final approval.
Mr. Greiner stated that the names of corporate officers and major stockholders have not been shown for the owners and developer. They were received under separate cover, but these notes need to be placed on the plan.
Evidence of submission for a PennDot Highway Occupancy Permit (HOP) for the two (2) proposed entrances has not been provided. The Traffic Impact Study (TIS) has been in limbo for several years and does not appear to be moving ahead. The status of TIS is important because the HOPs rely on it. Atty. Campbell stated that an amended HOP for Section A has been submitted. The original mischaracterized the driveway in the appropriate category. Section A reflects much more volume. The engineer had submitted the application in 2006, and that PennDot is aware of the modifications. Mr. Greiner stated that it has not been processed by PennDot. Mr. Greiner requested a copy of the application and proof of submittal to PennDot. Atty. Bernathy asked Atty. Campbell if an amended HOP application for increased volume has been submitted and approved by PennDot. Atty. Campbell stated that the amended TIS needs approval before the HOP application is reviewed by PennDot.
The parking lane provided in the townhouse portion of the development is virtually useless. With the short distance between driveways, the amount of additional parking generated is virtually non-existent. The planning commission had discussed off-street lots, but the lots would not be useful because of the walking distance. Mr. Vollmer stated that just because the intent of the law has been followed does not mean it is adequate.
The developer has submitted a
written request for a waiver SALDO 502.9.3 and the Zoning Ordinance 603A
requesting that the relatively short section of road (Road A2 from Road A4 to
The developer has submitted a written request for a waiver SALDO 703.5.4
for Road A3 vic 2+26, Road A3 vic 20+25, Road A4 vic 0+50, Road A4 14+00, Road A5 vic 33+41, Road A6 vic 38+63. The street sag curves do not conform to minimum standards. For Road A7 vic 0+50, Road A8 vic 0+50 the street crest
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curves do not conform to the minimum standards. Mr. Greiner stated that it makes sense to approve the request.
Mr. Greiner stated that the existing sewage disposal and water supply systems in the development are inadequate to provide service to this section without upgrades. The water report received states that the proposed development will require three (3) additional new wells at 130 gpm each, a new reservoir at 347,000 gallons and the existing low and high pressure regions of the water system need to be tied together. No information has been provided relative to applications or coordination with PA DEP and/or DRBC.
At this point Joe Standen from Leggette, Brashears & Graham gave an overview of a hydrogeologic study conducted in 2006. Mr. Greiner requested that Mr. Standen forward a written summary of the study to him, and the township (it is a part of these minutes on file). It is Mr. Standen’s opinion that based upon that study done by Brian Orem that there will be an adequate water supply with no adverse affects on the neighboring properties. Mr. Greiner stated that water use will be greater than 10,000 gallons per day, and as previously mentioned the developer is requesting a waiver for the study to be conducted at final approval. Atty. Bernathy asked at what point in the development will trigger the hydrogeologic study. Atty. Campbell responded somewhere at 2,000 units. Atty. Bernathy stated that the hydro study gives a guarantee. Mr. Standen stated that if the 2006 study had not been conducted, then he would have informed the developer the need to conduct a pressure test. Atty. Bernathy referred to drought conditions. Mr. Standen stated that the study was based on normal conditions.
Mr. Vollmer stated that he recommends that no waiver be granted. He has no faith. Motion made by Mr. Vollmer and second of Mr. Menditto to table action on the waiver requests until Mr. Sivick is present. Unanimous.
Mr. Menditto stated that if a waiver is granted there shall be a note on the plan that the developer gives up the right to proceed with construction until the test has been conducted.
Mr. Greiner stated that fire flows for hydrants will be increased to 2,000.
Mr. Greiner requested that the developer confirm submission to PA DEP for the NPDES permit as it relates to sewage disposal of 1.15 million gallons.
Mr. Greiner recited his comments outlined on his 11/17/09 letter. Atty. Campbell stated that the plan for storm water management will be designed and constructed to the highest level. He recommends that the supervisors require a maintenance
December 1, 2009
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agreement. Mr. Greiner stated that there is an Exceptional Value Stream that
must be protected.
Motion made by Mr. Vollmer and second of Mr. Menditto to table any action on
the Section A preliminary plan approval, and request that the developer grant an
extension for purposes of a deemed approval to December 16, 2009. Atty.
Tabled.
Tabled.
MISCELLANEOUS:
ROADMASTER/PUBLIC
WORKS DIRECTOR:
Tabled.
NEW BUSINESS:
Representing the Authority were Atty. Donald Karpowich, Frederick Margron, engineer and Mary Ann Conza authority board member.
The discussion relates to the salt remediation project located in Pocono Mountain Lake Estates (PMLE), Section 4.
Mr. Margron stated that the plan is to use a series of wells in a cluster formation. The wells will be constructed on lots presently owned by PMLE, but will be acquired by the township. There will be five (5) wells constructed. The projected cost for each well is approximately $40,000. Thirteen (13) homes will be serviced by the wells. There will be a provision in the plan should any additional
December 1, 2009
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homes need to be added. If there is a break in a water line there will be a sensor that will shut down the flow. This plan was recommended and has been approved by PA DEP. The delineation of the plume is documented and Mr. Margron will forward the data to Mr. Greiner for his review. The original well constructed by the township for this project will be affected by the SR 2001 upgrade project.
Motion made by Mr. Menditto and second of Mr. Vollmer to go into Executive Session regarding litigation, and adjourn from the meeting at 12:43 p.m.
ADDENDUM NO. 1: An Executive Session was conducted on December 1, 2009 at 9:00 a.m. regarding personnel.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer
December 16, 2009
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:
Scott Hanna commented on the relocation of the county recycling bins.
John Frawley commented on the good job the road crew during the ice storm this past Sunday.
APPROVE THE
MINUTES OF DECEMBER 1, 2009:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of December 1, 2009 with two (2) corrections. Page one (1) change Joe Kelly to George Kelly. Page nine (9) change “censor” to “sensor”. Mr. Sivick abstained because he was not present for the majority of the meeting.
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.
ACCEPT THE
FINANCIAL STATEMENTS; ALL FUNDS, FOR THE MONTH ENDED OCTOBER 31, 2009:
Motion made by Mr. Vollmer and second of Mr. Menditto to accept the financial statements; all funds, for the month ended October 31, 2009. Unanimous.
PUBLIC
HEARING: ADOPTION OF THE 2010 BUDGET:
Atty. Bernathy stated that this is the date (12/16/09), time
(7:05 p.m.) and place (
December 16, 2009
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OLD BUSINESS:
1.
Tabled.
2.
Motion made by Mr. Vollmer and second of Mr. Sivick to deny the waiver request
from SALDO 706.6.2 (water study), and in turn denying the application for
preliminary land
development plan approval for
Menditto voted “no”. The reasons are as follows:
Evidence of submission for a PennDot Highway Occupancy Permit for the two (2)
proposed entrances has not been provided (SALDO 604.1.17).
Road A2 from Road
A4 to
Road. If so, superelevation of the pavement would be required and cars would be
prohibited from backing unto the street (SALDO 502.9.3 and ZO 603A).
Certain street sag curves do not conform to minimum standards (SALDO 703.5.4),
Road A3 vic 2+26, Road A3 vic 20+25, Road A4 vic 0+50, Road A4 vic 14+00, Road
A5 vic 33+41 and Road A6 vic 38+63.
Crest curves do not conform to minimum standards (SALDO 703.5.3), Road A7 vic
0+50 and Road A8 vic 0+50.
The existing sewage disposal and water supply systems are inadequate to provide ser-
vice to the section without upgrades (SALDO 705.1.1 and 706.1.1). The development
will require three (3) additional wells at 130 gpm each, a new reservoir at 347,000
gallons and the existing low and high pressure regions of the water system need to be
tied together. No information has been provided relative to applications or coordi-
nation with PADEP and Delaware River Basin Commission (DRBC). The DRBC
docket for the wastewater treatment plant should be provided to the township. Any
correspondence pertaining to the sewage disposal system or the water system should
be provided to the township.
Evidence of the adequacy of the proposed sewage disposal and water supply systems
have not been provided by the utility company (SALDO 705.1.1, 705.2.2, 706.1.1 and
706.2.2).
A PADEP planning module has been submitted to the township, but it is incomplete.
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Signatures are
required throughout. A copy of the
module needs to be provided to
the County Planning Commission for completion of Component 4B. Evidence of the
public notice requirement has not been provided to the township. The module states
that the plant has the capacity to provide for flows for five (5) years into the future.
This is not true without a plant upgrade. The impacts noted by the PNDI application
must be resolved through the appropriate governmental agencies (SALDO 705.5.7.3).
Copies of all correspondence regarding applications for permits and certificates of
operation must be provided to the township for sewage disposal and water supply
services (SALDO 705.5.7.4 and 706.5.5.3).
Sewer and water line design deficiencies were noted; numerous conflicts exist between
the water lines and sanitary sewers where they cross at intersections (SALDO 705.5
and 706.4).
Review of the plan by the Bushkill Fire Chief has not been provided to the township
(SALDO 706.5.4.7).
As water use will be greater than 10,000 gallons per day, the required water study has
not been provided (SALDO 706.6). A hydrogeologic study shall be required to be
submitted by the developer and shall at a minimum include certain information
(SALDO 706.6.2 and 706.6.5).
The method of stormwater control may not be suitable for the site. The discharge of
runoff at the top of steep slope areas is noted. Once the runoff is discharged, there are
no planned controls until the water enters the Little Bushkill Creek, an Exceptional
Value Stream (SWM 301.2, Conditional Use Decision).
The existing site consists of undeveloped forest which slopes towards the Little
Bushkill Creek. Runoff is mostly sheet flow until intercepted by natural galleys and
folds in the ground, at which time it becomes concentrated flow. The proposed dis-
charged points for this project are primarily point discharges, with an attempt to
construct level spreaders to return the flow to sheet conditions. This attempt to
construct level spreaders could cause erosion problems if the sheet flows fail to
materialize (SWM 301.3 Conditional Use Decision).
This development poses a possible impact on adjacent lands of the Little Bushkill
Rod & Gun Club, their input regarding the stormwater management plan is needed.
Although the rate of flow is controlled, the volume of flow is increasing. (SWM
301.4 and 301.8, Conditional Use Decision).
December 16, 2009
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The developer has not demonstrated that all possible BMPs have been employed to
reduce the stormwater volume leaving the property to the maximum extent possible
(SWM 301.9, Conditional Use Decision).
The Little Bushkill Creek is an Exceptional Value Stream, limitations shall be placed
on the project by PADEP or the Pike County Conservation District. The developer
has not demonstrated the ability to maintain the streams water quality (SWM 301.11,
Conditional Use Decision).
The stormwater crossings of
No approval has been submitted (SWM 301.12).
Detention basin emergency spillways must be designed to discharge on to natural
ground. The proposed spillways discharge on to fill slopes and are to be reinforced
with cable concrete. The extent of the proposed cable concrete structures has not been
shown (SWM 303.4b).
All outfall structures shall be suitably lined to prevent erosion (SWM 303.4c).
Basins shall generally not exceed four feet (4’) in depth. Some basins are designed for
up to eight feet (8’) in depth (SWM 303.4f).
A vast majority of the developed area will be paved for vehicles. There is no proposed
means of separating pollutants from the storm runoff (SWM 304.8).
Level spreaders have not been designed in accordance with PA BMP Manual. It
suggests lengths between ten feet (10’) and two hundred feet (200’). Flow rates
should be approximately 1 cubic feet per second and should discharge unto 6% stable,
down slopes. They should be located less than one hundred feet (100’) from the
watercourse to which they flow.
Approval of the Erosion Control Plan and NPDES application is required from PADEP
and the Pike County Conservation District.
Details of the spray irrigation system has not been provided.
The record reflects a request for an extension of time for purposes of deemed approval,
with follow up correspondence from the developer granting the township an extension
accordingly, all requests both verbally and in writing are incorporated herein by
reference.
The developer’s waiver request from SALDO 706.6.2 and other waiver requests
December 16, 2009
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that are set forth in the Pennoni Associates, Inc. letter to the supervisors dated
November 18, 2009 (a copy is a part of these minutes on file) have been denied as
the supervisors find that the developer has not shown that any mandatory
provisions of the SALDO are unreasonable or cause undue hardships as they may
apply to this particular subdivision/development (SALDO 1101).
Atty. Bernathy stated that the developer may request and receive opportunity to
appear before the township’s planning commission for purposes of presenting
additional relevant information to request reconsideration of this decision
(SALDO 1102). The developer may appeal this decision pursuant to the
provisions of the Municipality Planning Code. An appeal shall be taken to the
Court of Common Pleas of Pike County and shall be filed within thirty (30) days
after the date of this decision.
Atty. Bernathy stated that at this time the developer has not stated or preserve any
challenges to the validity of the SALDO raising procedural questions or alleged
defects in the process of enactment or adoption.
Mr. Vollmer stated that he inspected the site this date, and that the structures have
been removed. Seeding of the area has been done. Motion made by Mr. Vollmer
and second of Mr. Menditto to direct Atty. Bernathy to withdraw the civil complaint. Unanimous.
Mr. Vollmer stated that correspondence has been received from Allstate Septic
Systems (a copy is a part of these minutes on file) stating that the system has
not failed.
NEW BUSINESS:
TRANSPORTATION GRANT:
Motion made by Mr. Menditto and second of Mr. Vollmer to award the contract to Simone Collins. Unanimous.
Motion made by Mr. Vollmer and second of Mr. Sivick to appoint John Sivick to
December 16, 2009
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be the township’s representative on the Pike County Road Task Force for 2010.
Unanimous.
Mr. Sivick stated that the township received a letter of complaint from a nearby
property owner. The township has been in contact with the state police, and will
remain vigilant against trespassing, and the use of unlicensed vehicles on township property.
4. USE OF THE
TRAILS’ CUB SCOUTS FROM 7:30 AM TO
5:30 PM:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve this request.
Unanimous.
MISCELLANEOUS:
conducted on Monday, January 4, 2010 at 7:00 p.m.
ROADMASTER/PUBLIC
WORKS DIRECTOR:
Tabled.
Mr. Sivick stated that the crew has been kept busy with winter maintenance. Vehicle maintenance. Community park maintenance.
The supervisors wished everyone happy holidays.
December 16, 2009
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ADJOURNMENT:
There being no further business, meeting adjourned at 8:40 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer. Unanimous.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer