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                                                                                               September 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:

 

No comments were received.

 

APPROVE THE MINUTES OF AUGUST 25, 2009:

 

Motion made by Mr. Menditto to accept the minutes of August 25, 2009 with a correction to the “911 Re-Addressing-Street Name Changes” topic.  The minutes shall state that the easterly section of Deer Run will be renamed Deer Run East, second of Mr. Vollmer.  Unanimous.

 

HIGHWAY OCCUPANCY PERMIT - ANNEX:

 

Motion made by Mr. Vollmer and second of Mr. Menditto to direct Atty. Bernathy to record the easement as it relates to the township’s Highway Occupancy Permit.  Unanimous.

 

VERIZON RIGHT-OF-WAY AGREEMENT – RESOLUTION NO. 243:

 

Atty. Bernathy stated that the agreement can be signed by the supervisors.  Motion made by Mr. Sivick and second of Mr. Menditto to pass Resolution No. 243 which grants permission to the Telephone Company to construct, reconstruct, operate and maintain underground and aerial communications facilities on township property.  Unanimous.

 

EIT COLLECTION COMMITTEE MEMBER AND ALTERNATE:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to appoint John P. Sivick the voting delegate and Richard C. Vollmer the alternate to the township’s respective EIT Collection Committee.  Unanimous.

 

HIGHLAND VILLAGE:

 

Pennsylvania Utility Company (PUC):

 

Mr. Greiner stated that he has spoken to an expert in this field about the proposal outlined by the developer.  The individual has never heard of it, and it has potential problems. 

 

                                                                                                   September 1, 2009

 

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Atty. Bernathy stated that a lot of information is needed to accomplish due diligence.  Seeking a company to operate the company by placing out for bid would alleviate the appearance of impropriety. 

 

Mr. Vollmer stated that the supervisors must be very careful in not creating a liability for the township.   

 

Mr. Menditto stated that the township may want to wait in considering such an acquisition until a certain amount of housing is constructed.

 

Mr. Sivick stated that if the current condition of the company is not a breakeven, require the developer to escrow funds to guarantee the plant expansion, or simply not sublease to the developer.

 

The plant would have to be expanded, or funds escrowed for expansion when final approval is granted by the supervisors.  The cost of the expansion is $2 million.  If the township acquired the company with preliminary approvals, the developer could come in the next day and ask for final approval, and the township would have to expand the plant as required.

 

Again, the supervisors will ask for copies of PA DEP and Public Utility Commission reports, and copies of the last three (3) years financial statements, including audits for review.

 

Mr. Greiner stated that another well will need to be drilled.  There is not enough capacity.

 

Atty. Bernathy recommends that the supervisors engage an attorney that specializes in this area.  They need that type of expertise.

 

The extensions for deemed approval were discussed.  There have been many, and the supervisors want it to stop.  If plans are incomplete, they need to be denied and the developer files a new application with the appropriate fees.

 

Mr. Greiner stated that four (4) sections have preliminary approval.  There has been no work on the NPDES since the initial application.

 

Extensions for deemed approval have been granted for the municipal building, the park and Eagle Point annexation.

 

The Conditional Use Request for Master Plan Approval and Mixed Use Residential Decision will be reviewed.

 

                                                                                                   September 1, 2009

 

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The supervisors will again request the business plan for the Mt. Laurel Center.

 

It will be reviewed with PennDot where the developer is with the upgrade requirements for Bushkill Falls Road.

 

ADDENDUM NO. 1:  A Resolution will be needed for approval of the 911 re-addressing signs.  Mr. Vollmer will get the sign specifications.

 

ADDENDUM NO. 2:  With the passage of Act 32, the township’s Earned Income Tax ordinance will need to be amended.  The current ordinance will be forwarded to Atty. Bernathy.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 11:13 a.m. by the motion of Mr. Menditto and second of Mr. Sivick.  Unanimous.

 

                                                                                                   Respectfully submitted,

 

 

 

                                                                                                   Robert H. Rohner, Jr.

                                                                                                   Secretary/Treasurer

                                                                                               September 2, 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. 

 

APPROVE THE MINUTES OF JULY 15, 2009:

 

Motion made by Mr. Vollmer and second of Mr. Sivick to approve the minutes of July 15, 2009 as presented.  Mr. Menditto abstained, because he was not present for the meeting.

 

APPROVE THE MINUTES OF AUGUST 4, 2009:

 

Motion made by Mr. Vollmer and second of Mr. Sivick to approve the minutes of August 4, 2009 as presented.  Mr. Menditto abstained, because he was not present for the meeting.

 

APPROVE THE MINUTES OF AUGUST 19, 2009:

 

Motion made by Mr. Menditto and second of Mr. Sivick to approve the minutes of August 19, 2009 as presented.  Mr. Vollmer abstained, because he was not present for 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.

 

NEW BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT-WINONA FALLS ROAD:

 

Construction work on the project continues.

 

  1. HIGHLAND VILLAGE:

 

No representatives of the developer were present, but it was stated that the developer will be required to follow the Subdivision and Land Development Ordinance. 

 

 

                                                                                                 September 2, 2009

 

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NEW BUSINESS:

 

  1. SET PUBLIC HEARING DATE – PROPOSED LITTERING ORDINANCE:

 

Motion made by Mr. Sivick and second of Mr. Menditto to schedule the public hearing for Wednesday, October 7th.  Unanimous.

 

  1. ZONING ENFORCEMENT OFFICER MEMO – DANGEROUS

STRUCTURES:

 

A memo was received by the Zoning Enforcement Officer that he deems five (5) structures located near the Tamiment Golf Course as dangerous.  Motion made by Mr. Menditto and second of Mr. Vollmer to schedule a Dangerous Structure Hearing for October 7th.  Motion made by Mr. Sivick and second of Mr. Menditto to have the Zoning Enforcement Officer to inspect the foundations left with debris and report back.  Unanimous.

 

  1. POCONO RANCHLAND’S REQUEST FOR USE OF THE HAY WAGON ON OCTOBER 17TH AND 31ST:

 

Motion made by Mr. Vollmer and second of Mr. Menditto to grant the request.  Unanimous.

 

  1. AUCTION – TOWNSHIP EQUIPMENT:

 

Pocono Mountain COG, and Stroud Area Regional Police will hold an auction on October 10th, and will be administered by Meyer Auctioneering.  Mr. Sivick stated that this will be a good way to remove unused equipment and raise money at the same time.  Motion made by Mr. Menditto and second of Mr. Vollmer to participate in this auction.  Unanimous.

 

ADDENDUM NO. 1:  Mr. Menditto stated that in lieu of the Pumpkin Patch at the municipal field, the township in conjunction with Middle Smithfield Township will host a Halloween Trail at the community park on October 24th.  Volunteers are needed.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

Tabled.

 

                                                                                                   September 2, 2009

 

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Mr. Sivick stated that the project is proceeding on Winona Falls Road.  The crew has been busy with culvert maintenance on Mink Pond Road.  Building maintenance.  Salt and cinders are being transported from the community park to the municipal yard in preparation for winter weather.  Cutting and trimming of weeds around signs throughout the township.  Litter pick up throughout the township.  Road materials will be put out for bid.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 7:24 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                                  Respectfully submitted,

 

 

 

                                                                                                  Robert H. Rohner, Jr.

                                                                                                  Secretary/Treasurer

                                                                                               SEPTEMBER 16, 2009

                                                                                               WEDNESDAY, 7:00 PM

 

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 1, 2009:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of September 1, 2009 as presented.  Unanimous.

 

APPROVE THE MINUTES OF SEPTEMBER 2, 2009:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of September 2, 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.

 

BID OPENING:  FALL CLEAN UP DAYS CONTAINERS:

 

Four bids were received, and they are a part of these minutes on file.

 

  1. Christian Container:  $19.00 per cubic yard.  If the container exceeds 3 tons the charge is $75.50 per ton.

 

  1. CCI Waste & Recycling:  $18.46 per cubic yard.  No other required information was listed.

 

  1. Grinnell:  $17.00 per cubic yard.  Company stated that there would be an additional charge for tires, mattresses, batteries and paint cans, but the amount was not listed.

 

  1. Waste Management-Allentown:  $19.75 per cubic yard.  No additional fees will be charged.

 

                                                                                              September 16, 2009

 

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Motion made by Mr. Menditto and second of Mr. Vollmer to accept the bid submitted by Waste Management-Allentown.  Unanimous.

 

PUBLIC HEARING:  SEWAGE-RICHARD VEECH, PMLE, L-138, S-5A:

 

The proceedings were 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 variance.  Unanimous.

 

The hearing was closed at 7:20 p.m.

 

OLD BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT-WINONA FALLS ROAD:

 

Mr. Greiner stated that the project is progressing.  The swale has been excavated.  There has been a change order for the pipe.  24’ of concrete will be placed adjacent to the verizon utility pole, which will mean that the pole and wire will not have to be moved.  Verizon will assist.  This will reduce costs with the utility company.  The road cutting phase will begin shortly.  It will be coordinated with the day care center.

 

  1. HIGHLAND VILLAGE:

 

Tabled.

 

NEW BUSINESS:

 

  1. COMMERCIAL BUILDING INSPECTIONS:

 

Mr. Vollmer stated that the supervisors are interviewing for a new commercial building inspector.  Presently, the township uses Guardian, but they have downsized, and it has become increasingly difficult to schedule inspections.  The inspector for Middle Smithfield Township has been interviewed.  The supervisors will meet with representatives from BIU.  The firm has contracted with other townships and boroughs in Pike and Monroe Counties. 

 

 

 

 

                                                                                          September 16, 2009

 

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MISCELLANEOUS:

 

  1. The township’s Minimum Municipal Obligation (MMO) for the pension plan for

2010 is $56,648.00.

 

  1. Fall Clean Up Days will be held Thursday, September 24th and Friday, September 25th from 7:00 a.m. to 6:00 p.m. and Saturday, September 26th from 7:00 a.m. to 2:00 p.m.

 

  1. The supervisors will conduct a Dangerous Structure Hearing for seven (7) structures located on the site of the old Tamiment Resort property, on Wednesday, October 7th at 7:05 p.m.

 

  1. The supervisors will conduct a public hearing for proposed Ordinance No. 120-Littering on Municipal Properties on Wednesday, October 7th following the Dangerous Structure Hearing.

 

  1. The township, along with Middle Smithfield Township will host a Halloween Trail on Saturday, October 24th from 5:00-10:00 p.m. at the Lehman Township Community Park.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

The township will consider purchasing the supplies needed for this project now, and begin work when the schools close in 2010.

 

Mr. Sivick stated that the crew has been cutting grass along the roads located in PMLE, Section 5A.  Road surface repairs with the moonpaver on Log and Twig Road and Sunset Road.  Delivery of the new trucks should be made soon.  Maintenance in the community park in preparation of the Halloween Trail.  Correspondence has been forwarded to the sheriff requesting a couple of deputies to assist.  The same request will be made of fire company’s fire police.  Vehicle maintenance.  The salt and anti-skid bins had an application of seal lock applied.  The yard is ready for the Fall Clean Up Days.

 

BID OPENING – ROAD MATERIALS:

 

Five bids were received, and they are a part of these minutes on file.  The amount for all materials is 500 tons.

 

 

                                                                                               September 16, 2009

 

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  1. Hanson:             Gabion rock:   No bid.

 

                                Crusher run:     FOB $5.75 per ton.  $2,875. total.

                                                         Delivered $11.25 per ton.  $5,625. total.

                     

                                 2B Stone:        FOB $8.75 per ton.  $4,375. total.

                                                         Delivered $14.25 per ton.  $7,125. total.

                       

                                 #3 Stone:         FOB $8.75 per ton.  $4,375. total.

                                                         Delivered $14.25 per ton.  $7,125. total.

 

  1. G.F. Edwards:    Gabion rock:   FOB $9.75 per ton.  $4,875. total.

                                                         Delivered $15.75 per ton. $7,875. total.

 

                                 Crusher run:    FOB $5.50 per ton.  $2,750. total.

                                                         Delivered $11.50 per ton.  $5,750. total.

 

                                  2B stone:        FOB $8.00 per ton.  $4,000. total.

                                                         Delivered $14.00 per ton.  $7,000. total.

 

                                  #3 stone:         FOB $7.75 per ton.  $3,875. total.

                                                         Delivered $13.75 per ton.  $6,875.0 total.

 

3.  209 Enterprises:   Gabion rock:  FOB $11.50 per ton.  $5,750. total.

                                                         Delivered $15.60 per ton.  $7,800. total.

 

                                   Crusher run:  FOB $6.50 per ton.  $3,250. total.

                                                         Delivered $10.60 per ton.  $5,300. total.

 

                                   2B stone:       FOB $9.75 per ton.  $4,875. total.

                                                         Delivered $13.85 per ton.  $6,925. total.

 

                                   #3 stone:        FOB $8.75 per ton.  $4,375. total.

                                                         Delivered $12.85 per ton.  $6,425. total.

 

4.  E.R. Linde:           Gabion rock:  FOB $9.00 per ton.  $4,500. total.

                                                         Delivered $14.50 per ton.  $7,250. total.        

              

                                   Crusher run:  FOB $5.50 per ton.  $2,750. total.

                                                         Delivered $11.00 per ton.  $5,500. total.

 

                                    2B stone:      FOB $7.50 per ton.  $3,750. total.

                                                                                      September 16, 2009

 

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                                             #3 stone:           FOB $7.50 per ton.  $3,750. total.

                                                                      Delivered $13.00 per ton.  $6,500. total.

 

5.  Dingmans Ferry Stone:  Gabion Rock:   No bid.

 

                                             Crusher run:     FOB $6.75 per ton.  $3,375. total.

                                                                      Delivered $10.25 per ton.  $5,125. total.

 

                                              2B stone:         FOB $8.00 per ton.  $4,000. total.

                                                                      Delivered $11.50 per ton.  $5,750. total.

 

                                              #3 stone:          FOB $9.00 per ton.  $4,500. total.

                                                                      Delivered $12.25 per ton.  $6,125. total.

 

Motion made by Mr. Menditto and second of Mr. Vollmer to award the bid for gabion rock to E.R. Linde for both FOB and delivered.  Crusher run, 2B stone and #3 stone to Dingmans Ferry Stone for both FOB and delivered.  Unanimous.

 

ADDENDUM NO. 1:  Mr. Vollmer stated that AT&T will be placing an antenna on the Gandolfo cell tower.

 

ADJOURNMENT:

 

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

 

                                                                                          Respectfully submitted,

 

 

 

                                                                                          Robert H. Rohner, Jr.

                                                                                          Secretary/Treasurer

                                                                                               September 28, 2009

                                                                                               Monday, 2:30 p.m.

 

MINUTES

 

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

 

REQUEST FOR PROPOSALS:  SMART TRANSPORTATION GRANT:

 

Seven proposals were received, and they are a part of these minutes on file.

 

  1. Johnson, Mirmiran & Thompson
  2. Brown & Keener
  3. Wallace, Roberts & Todd
  4. DePallo Design & Planning
  5. Glatting Jackson
  6. Simone Collins
  7. Boucher & James, Inc.

 

Motion made by Mr. Menditto and second of Mr. Vollmer to accept the seven proposals.  The proposals will be thoroughly reviewed, and a decision made at a later date.  Unanimous.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 2:42 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                              Respectfully submitted,

 

 

 

                                                                                              Robert H. Rohner, Jr.

                                                                                              Secretary/Treasurer

                                                                                               September 29, 2009

                                                                                               Tuesday, 10:00 a.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 10:15 a.m.  Also present were Richard C. Vollmer, Vice Chairman; Atty. Robert F. Bernathy; William J. Greiner, P.E. and Robert H. Rohner, Jr., Secretary/Treasurer.  Paul D. Menditto, Supervisor was not present. 

 

Present from O’Neill Properties were Michael Devine, Patty Melty and Daniel Mita. 

Present from Senator Lisa Baker’s office was Tom Yoniski.

 

PUBLIC COMMENTS:

 

No comments were received.

 

HIGHLAND VILLAGE:

 

A business plan for the Pocono Performing Art Center (formerly the Mountain Laurel Center for the Performing Arts) was submitted for review.  It is a part of these minutes on file.  Market research by the developers has shown that at new approach to attracting customers will be instituted. 

 

How acts will be booked was discussed.  Performers will be booked based on a package deal of venues that have a distance of 70 miles between each other.  It is cheaper for the performer in moving their equipment.

 

An Advisory Board will be established, and recommendations from the supervisors are wanted.

 

Restarting the center is dependent on the award of a grant, but other funding sources are being researched should the request be denied.  A denial would delay the re-opening.

 

The developer has met with Representatives Scavello and Siptroth, Senator Lisa Baker and the Pocono Mountain Vacation Bureau.  They will meet with the Pike County Commissioners later today. 

 

Mr. Sivick recommends that the developer researches the hotel tax in both counties. Those funds are to be used for this type of venue.  Corporate sponsors are needed.  Mr. Devine stated that they are being sought. 

 

Accountability to the public is paramount.

 

A letter of support for the developer’s grant application for funds from the Local Share Account will be forwarded.  The grant amount requested is $980,000.

 

                                                                                                  September 29, 2009

 

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It was recommended that the grant be filed under both Pike and Monroe Counties.  The developer should also include the areas north of Rt. 402, which includes Wayne County, Lake Wallenpaupack, Hawley and Honesdale.  Good areas to market.

 

The next item discussed was the water and sewage plant.  Financial documents for the Pennsylvania Utility Company, Water and Sewer Divisions were received by the township on September 28th.  They are a part of these minutes on file.  The documents will be reviewed. 

 

Mr. Devine stated that the developer is in discussions with Pennsylvania American Water to purchase the plant, but if talks fall through the developer would like to turn the plant over to the township’s water and sewer authority.  This would allow for the qualification of grants to be received.  The developer would be required to upgrade the plant.  After completion of the development, the plant would be turned back over to the developer. 

 

Mr. Sivick stated that if the plant were to be accepted by the township, it would not be transferred back to the developer.  Economic growth of the township will rest with the township, and not with the developer.

 

Mr. Devine stated that the thought was not to burden the township financially with the existing or the new plant, which the developer will be responsible for its construction.  The developer has/will be submitting for a rate increase with the Pennsylvania Utility Commission.

 

Mr. Vollmer’s concern is that there is not enough revenue to operate the existing plant, and there are no guarantees of additional hook-ups, even with the new plant.  There are no guarantees that the developer will have the funds to operate the plant when the township turns back ownership to the developer.

 

Mr. Devine stated that the new plant is being re-engineered.  It will be modulized for cost effectiveness.

 

Mr. Sivick stated that to make sure that the transfer of the plant is not a financial burden to the township the developer would have to escrow funds with the township.

 

Ms. Melty stated that there are legal guidelines which will need to be followed.

 

Chris Perrotti, who is slated to be the director of the art center arrived, and gave a synopsis of his background.

 

 

                                                                                                   September 29, 2009

 

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ADJOURNMENT:

 

There being no further business, meeting adjourned at 12:08 p.m. by the motion of Mr. Sivick and second of Mr. Vollmer.

 

                                                                                                    Respectfully submitted,

 

 

 

                                                                                                    Robert H. Rohner, Jr.

                                                                                                    Secretary/Treasurer