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                                                                                               October 6, 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:

 

No comments were received.

 

RFPs-SMART TRANSPORTATION GRANT:

 

The supervisors began reviewing the seven (7) submissions.  A final decision may be announced at the supervisors’ October 13th meeting.  The firm with the best experience and concept will be chosen.

 

ADDENDUM NO. 1 – THE GLEN, PHASE IV, SECTIONS 1 & 2 ESCROW RELEASE REQUEST:

 

Mr. Greiner stated that he has received as-built plans from the developer.  The plans include revised measurements.  Mr. Greiner will review, and this will be on the supervisors’ October 7th agenda.

 

ADDENDUM NO. 2 – PIKE COUNTY PUBLIC LIBRARY TAX REFERENDUM:

 

Atty. Bernathy stated that the referendum if passed would impose an l mill tax on the already assessed property values in Pike County.  Discussion centered on the different assessments of the other townships and boroughs.  Lehman Township would pay the most in taxes $183,031., with little to no services provided; whereas, the borough of Milford where the new branch will be located will pay under $20,000.

 

ADDENDUM NO. 3 – GUARDIAN AGREEMENT:

 

Atty. Bernathy stated that the agreement is self renewing, and runs from June to June.  90 days notice must be given by either party that they will be terminating the agreement.  There is no penalty set forth in the body of the agreement.  If the supervisors feel that there has been a breach of the contract, they must speculate the damages by Guardian.  Atty. Bernathy had prepared an Addendum to the agreement, which appears not to have been executed by Guardian officials.

 

Motion made by Mr. Vollmer and second of Mr. Menditto to have Atty. Bernathy forward correspondence to Guardian giving them 90 days notice of the township’s intention to terminate the agreement.  Unanimous.

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ADJOURNMENT:

 

There being no further business, meeting adjourned at 11:20 a.m. by the motion of Mr. Sivick and second of Mr. Menditto.  Unanimous.

 

                                                                                                    Respectfully submitted,

 

 

 

                                                                                                    Robert H. Rohner, Jr.

                                                                                                    Secretary/Treasurer

                                                                                               October 7, 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:

 

No comments were received.

 

APPROVE THE MINUTES OF SEPTEMBER 16, 2009:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of September 16, 2009 as presented.  Unanimous.

 

APPROVE THE MINUTES OF SEPTEMBER 28, 2009:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of September 28, 2009 as presented.  Unanimous.

 

APPROVE THE MINUTES OF SEPTEMBER 29, 2009:

 

Motion made by Mr. Sivick and second of Mr. Vollmer to approve the minutes of September 29, 2009 as presented.  Mr. Menditto abstained because he did not attend 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.

 

PUBLIC HEARING:  DANGEROUS STRUCTURE-TAMIMENT RESORT SITE:

 

The proceedings were recorded by a court reporter, and the transcript is a part of these minutes on file. 

 

Motion made by Mr. Vollmer and second of Mr. Menditto to require the property to be repaired or demolished and to commence the work required by the notice within ten (10) days of notice, and complete within sixty (60) days of notice.  Unanimous.

 

The hearing opened at 7:05 p.m. and closed at 7:23 p.m.

 

                                                                                                October 7, 2009

 

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PUBLIC HEARING:  ORDINANCE NO. 120-LITTERING ON MUNICIPAL PROPERTY:

 

Atty. Bernathy stated that this is date (October 7, 2009), time (7:23 p.m.) and place (Lehman Township Municipal Building) for the public hearing for proposed Ordinance No. 120-Littering on Municipal Property (a copy is a part of these minutes).  Advertisements for the hearing were published in the Pocono Record on September 17, 2009 and September 24, 2009 and in the Pike County Dispatch on September 23, 2009 and September 30, 2009.  Copies of the ordinance were available for public perusal. 

 

Atty. Bernathy asked if there were any comments from the public present.  No comments were received.

 

Atty. Bernathy recited Sections 1, 2 and 3 (refer to the copy of the ordinance). 

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve Ordinance No. 120.  Unanimous.

 

The hearing was closed at 7:26 p.m.

 

PUBLIC HEARING:  SEWAGE-LARKIN, PMLE, L-124, S-3B:

 

The hearing was recorded by a court reporter and the transcript is a part of these minutes on file. 

 

Motion made by Mr. Sivick and second of Mr. Menditto to grant the reinstatement of Septic Permit #208138 conditional upon the following:

 

  1. The applicants shall, within thirty (30) days, obtain an inspection of the on lot sewage system by a certified inspector approved by the Township Sewage Enforcement Officer, said inspection including, but not limited to, hydraulic testing of the subject system and shall provide a report in writing to the Supervisors verifying that the subject system is not malfunctioning.

 

  1. The applicant shall, within thirty days, provide the Township with an opportunity to inspect the interior of the subject residence with the Township providing forty-eight hours advance notice to the applicant of said inspection.

 

  1. The applicant shall agree to permit the Township to enter upon the applicants’ property with reasonable advance notice at anytime in the future to conduct inspections for purposes of confirming that there are no violations of the subject

 

                                                                                                 October 7, 2009

 

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     permit and the applicants agree at no time to market the property as anything other

     than a three bedroom residence and agree to disclose same in addition to

     disclosing this decision to any potential buyers on the Seller’s Disclosure Settle-

     ment provided by Pennsylvania Law.

 

Unanimous.

 

The hearing was closed at 8:13 p.m.

 

OLD BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT-WINONA FALLS ROAD:

 

Mr. Greiner stated that the project is near completion.  He will conduct an inspection.

 

  1. HIGHLAND VILLAGE:

 

Tabled.

 

  1. THE GLEN, PHASE IV, SECTIONS 1 & 2 ESCROW RELEASE:

 

Mr. Greiner stated that the as-built plans have been received and appear to be complete.

 

The prior problem with the water and sewer lines shown on the as-built plans appears to be resolved.  Purportedly, the engineer has returned to the site and has physically measured the depths at all valve boxes.  This has resulted in a plan and profile that is more consistent with the design plans.  The first plans were generated from various sources, including contractors and construction observers.

 

An Engineer’s Construction Cost Estimate has been received and appears to be adequate for the specified remaining work.

 

The developer is requesting that the following funds be released; to Teicher $162,352.83, and to Tamiment $293,228.35 for a total release of $55,228.35. 

 

The supervisors decision was that the Developer’s Agreement will be reviewed, and this issue discussed further at the supervisors’ Tuesday, October 13th meeting at 10:00 a.m.

 

 

                                                                                                 October 7, 2009

 

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NEW BUSINESS:

 

  1. BYA REQUEST:  USE OF COMMUNITY PARK OCTOBER 17TH:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve this request.  Unanimous.

 

  1. DELAWARE FOOTBALL LEAGUE:  USE OF COMMUNITY PARK

NOVEMBER 7TH:

 

Motion made by Mr. Vollmer and second of Mr. Menditto to approve this request.  Unanimous.

 

  1. DISABLED VETERAN – REAL PROPERTY TAX EXEMPTION

CERTIFICATION:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the exemption.  Unanimous.

 

MISCELLANEOUS:

 

  1. The township, with Middle Smithfield Township will host a Halloween Trail on

Saturday, October 24th from 5:00 – 10:00 p.m. at the Community Park.

 

  1. The amount disbursed to the Bushkill Fire Relief Association for the 2009 is  

$65,061.71.  Motion to release made by Mr. Sivick and second of Mr. Menditto.  Unanimous.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

Mr. Sivick stated that the crew has been addressing shoulder edges on Mink Pond Road.  The yard is being cleaned up from the Fall Clean Up Days.  Preliminary work on the SR 2001 project has begun.  The spreaders are being put on the trucks.  Salt and antiskid are being brought from the park.  Vehicle maintenance. 

 

Jerry and Beverly Leisten stated that there is a damaged utility pole on Bushkill Falls Road.  Mr. Sivick stated that he will make a call.

 

 

 

 

 

                                                                                               October 7, 2009

 

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ADJOURNMENT:

 

There being no further business, meeting adjourned and an Executive Session regarding personnel to be conducted at 8:39 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                              Respectfully submitted,

 

 

 

                                                                                              Robert H. Rohner, Jr.

                                                                                              Secretary/Treasurer

                                                                                                October 13, 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; William J. Greiner, P.E. and Robert H. Rohner, Jr., Secretary/Treasurer.  Atty. Robert F. Bernathy was not present.

 

PUBLIC COMMENTS:

 

No comments were received.

 

RFPs-SMART TRANSPORTATION GRANT:

 

After discussing each member’s ratings of the seven (7) firms that had submitted Requests for Proposals it was narrowed down to four; Brown Keener, Simone Collins, Glatting Jackson and Wallace, Roberts & Todd.  This information will be forwarded to PennDot’s representative April Hannon that these are the four the township wants to interview, and get her feedback.

 

THE GLEN, PHASE IV, SECTIONS 1 & 2 ESCROW RELEASE REQUEST:

 

 Rich Almquist represented the developer. 

 

Motion made by Mr. Vollmer and second of Mr. Menditto to release from escrow $455,581.78 conditional upon a favorable review by Atty. Bernathy.  Unanimous.

 

ADDENDUM NO. 1-DEMOLITION OF THE DANGEROUS STRUCTURES:  TAMIMENT:

 

The decision, as it relates to the Dangerous Structure Hearing conducted on October 7th, outlines that demolition is to begin within 10 days.  The property owner has a contractor ready to begin the work.  The supervisors stressed that once the structures are torn down, the material is to be taken away.  The supervisors also directed that the material left from the structures which have been torn down in the past be carted away.

 

ADDENDUM NO. 2-WINONA FALLS ROAD PROJECT:

 

Mr. Greiner stated that the project is near completion.  Clean up of the site will begin within the next week or two.

 

 

 

 

                                                                                              October 13, 2009

 

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ADJOURNMENT:

 

There being no further business, meeting adjourned at 10:19 a.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                             Respectfully submitted,

 

 

 

                                                                                             Robert H. Rohner, Jr.

                                                                                             Secretary/Treasurer

                                                                                               October 21, 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:

 

No comments were received.

 

APPROVE THE MINUTES OF OCTOBER 6, 2009:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of October 6, 2009 as presented.  Unanimous.

 

APPROVE THE MINUTES OF OCTOBER 7, 2009:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of October 7, 2009 as presented.  Unanimous.

 

APPROVE THE MINUTES OF OCTOBER 13, 2009:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of October 13, 2009 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.

 

ACCEPT THE FINANCIAL STATEMENTS; ALL FUNDS, FOR THE MONTHS ENDED AUGUST 31, 2009 AND SEPTEMBER 30, 2009:

 

Motion made by Mr. Vollmer and second of Mr. Menditto to accept the financial statements; all funds, for the months ended August 31, 2009 and September 30, 2009.  Unanimous.

 

OLD BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT-WINONA FALLS ROAD:

 

Mr. Greiner had conducted a site inspection and noted deficiencies.  He will

                                                                                    October 21, 2009

 

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notify the contractor to reseal two (2) seals in the headwalls of the culvert.  Seeding and mulch needs to be placed.

 

  1. HIGHLAND VILLAGE:

 

Tabled.

 

NEW BUSINESS:

 

  1. NEW COPIER:

 

The copier in the zoning office will need to be replaced.  Mr. Menditto received three quotes.  Xerox $4,425.00; Access Office $3,048.00 and Topp Copy $1,971.48.  The complete proposals are a part of these minutes on file.

 

Motion made by Mr. Menditto and second of Mr. Vollmer to accept the quote from Topp Copy for $1,971.48.  Unanimous.

 

  1. COMPLAINT:  SMOKING AND UNLEASHED DOGS ON THE MUNICIPAL FIELD:

 

Mr. Sivick stated the township had received an e-mail from a resident complaining about smoking and dogs on the playing fields. 

 

The rules for the use of the field will be updated, and the sign stating the rules will be refurbished. 

 

  1. LEEWARD LEASE:

 

Atty. Bernathy prepared a lease that the township will have with Leeward Construction.  PennDot awarded the contract to Leeward for the SR 2001 upgrade project.  Leeward will lease the house and property owned by the township on SR 2001.  It is a year to year lease.  The rent is $800.00 per month, with Leeward paying the utilities. 

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the signing of lease with Leeward Construction.  Unanimous.

 

MISCELLANEOUS:

 

  1. There will be a Halloween Trail at the community park on Saturday, October 24th

                                                                                         

                                                                                       October 21, 2009

 

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from 5:00-10:00 p.m.  Raindate October 25th.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

Tabled.

 

Mr. Sivick stated that the crew has been busy with building maintenance at the property located on SR 2001.  Spreader maintenance.  Black top on Mink Pond Road.  An overlay will be placed in 2010.  Road salt has been ordered.  The community park being prepared for the Halloween Trail.  Many people have volunteered for the event.  Litter pick-up on Brodhead Road.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 7:19 p.m. by the motion of Mr. Sivick and second of Mr. Menditto.  Unanimous.

 

                                                                                            Respectfully submitted,

 

 

 

                                                                                            Robert H. Rohner, Jr.

                                                                                            Secretary/Treasurer

                                                                                               October 27, 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:

 

No comments were received.

 

NEW BROWNIE TROOP – USE OF THE MUNICIPAL MEETING ROOM:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the newly formed Brownie Troop to use the meeting room on Saturdays, beginning October 31st from 10:30 a.m. to noon.  Unanimous.

 

BUDGET MEETING – NOVEMBER 13TH, 9:00 AM:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to conduct a 2010 Budget meeting on Friday, November 13th at 9:00 a.m.  Unanimous.

 

RFPs – PENNDOT SMART TRANSPORTATION:

 

The supervisors will meet on Wednesday, November 4th at 10:00 a.m. to finalize their selection of firms to interview.

 

HIGHLAND VILLAGE:

 

Atty. Bernathy stated that at last week’s planning commission meeting the developer was looking to receive preliminary approval for Section A.  Mr. Greiner had comments to the developer’s preliminary stormwater plans.  At the meeting the developer’s engineer attempted to address Mr. Greiner’s comments, but Mr. Greiner had not been given an opportunity to review.  The developer has a large area of impervious surface.  The applicant’s position is that they will meet the Stormwater Ordinance.  Mr. Greiner had raised the concern the effect of stormwater on adjacent and downstream property owners.  There is no grasp on the effects of a 25 or 50 year storm.  Mr. Greiner recommends the developer breaks up the spreaders.  The developer proposes to use a new high level of standard not yet law known as CG1.  Adjacent and downstream property owners will be part of the process.  It will ensure that the property owners are placed on notice of what transpires at the township level.  This will protect the township.  Don’t want owners coming to the township about stormwater damage.  Memos will be sent to the township regarding meetings the developer conducted with property owners.  The owners will become a part of the approval process. 

                                                                                               October 27, 2009

 

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Mr. Greiner stated that he met with the developer’s engineer this past Monday to discuss the large detention basin and series of parallel pipes.  The developer’s engineer will review and address Mr. Greiner’s concerns regarding the spread of stormwaters, flows evenly.  The developer will be requesting a waiver from the level spreader.  If lengthen out, it will take care of the waiver request.  The Stormwater Ordinance requires that a 25 year storm after development can not exceed a 2 year storm before development.  Collect stormwater and release.

 

The Master Plan Decision was then discussed.  The developer has been given preliminary approval for approximately 450 units.  When the developer reaches 1,000 units, commercial development plans are to be submitted.  If that does not happen, when building permit submissions to the township reaches 999, no building permits will be issued until commercial development has been approved. 

 

Section A presently before the planning commission has tight parking lanes proposed to the point that they can not be used because of the driveways.  It does not meet design standards.  The developer’s attorney had stated at the last planning commission meeting that you don’t need SALDO’s Article 7 for preliminary approval.  Atty. Bernathy states you most definitely need to adhere to Article 7, to which he then agreed.

 

The developer has not complied with a stormwater plan.  There has been no ground water study.  There are specifics regarding the compliance with design standards.  Mr. Vollmer stated that the developer has broken the Conditional Use Agreement.  The developer continuously backs the township up to the wall every time.  It must end. 

 

At this point a motion was made by Mr. Menditto and second of Mr. Vollmer to close the regular meeting and to go into Executive Session regarding litigation at 11:05 a.m.  Unanimous.

 

Motion made by Mr. Sivick and second of Mr. Menditto to re-open the regular meeting and adjourn the meeting at 11:44 a.m.  Unanimous.

 

                                                                                                Respectfully submitted,

 

 

 

                                                                                                Robert H. Rohner, Jr.

                                                                                                Secretary/Treasurer