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                                                                                                August 4, 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; Atty. Robert F. Bernathy and Robert H. Rohner, Jr., Secretary/Treasurer.  Paul D. Menditto, Supervisor and William J. Greiner, P.E. were not present.

 

PUBLIC COMMENTS:

 

No comments were received.

 

APPROVE THE MINUTES OF JULY 29, 2009:

 

Motion made by Mr. Sivick and second of Mr. Vollmer to approve the minutes of July 29, 2009 as presented. 

 

RENTERS:

 

Mr. Vollmer stated that it is becoming a problem with homeowners renting their homes to 12-15 people for weekends.  Atty. Bernathy stated if an area is zoned Residential, the zoning ordinance provides that single families reside in those homes.  The definition of a family is people related by blood, adoption or marriage, or individuals who set up a household.  If there are multi families in a residence, then they are in violation of the ordinance.

 

Mr. Vollmer will collect more information, and Atty. Bernathy will do further research.

 

ADDENDUM NO. 1 – WINONA LAKES PROPERTY OWNERS ASSOCIATION:

 

William Powell, president for the community’s property owners association stated that a bridge located on Stony Hollow Drive has been closed, and a safety evaluation being conducted to determine what repairs are needed.  The community’s board is applying for the Tiger Discretionary Grant.  They are in the early stages of writing their grant proposal.  Mr. Powell requested guidance from the township.  Mr. Sivick recommends that the board hire a professional to assist with the grant writing application.  The deadline for the application submission is September 15th.  The supervisors’ will have the township’s consultant review the application. 

 

Atty. Bernathy stated that the supervisors do not have jurisdiction over privately owned roads and streets.  Roads and streets within private communities are not accessible by the public.  That is a prerequisite to any grant award.  The cost of the repairs is to be prorated to the owners within the community.  The township can only partner with school districts and with the State.  Atty. Bernathy highly recommends that the community’s board seek

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advice from its attorney to not only review the issue with the bridge, but all of its responsibilities, including their dams.

 

WINONA FALLS ROAD PROJECT:

 

Mr. Sivick stated that the Letter to Proceed has been forwarded to the contractor.

 

WOODLAND COURT, RUSTIC ACRES – DRAINAGE:

 

Mr. Greiner is reviewing.

 

ADDENDUM NO. 2 – VERIZON RIGHT OF WAY AGREEMENT:

 

The document was given to Atty. Bernathy for his review.  The right of way is needed for guide wires on township property. 

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 11:07 a.m. by the motion of Mr. Sivick and second of Mr. Vollmer.

 

                                                                                                Respectfully submitted,

 

 

 

                                                                                                Robert H. Rohner, Jr.

                                                                                                Secretary/Treasurer

                                                                                               August 5, 2009

                                                                                               Wednesday, 7:00 p.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 7:00 p.m.  Also present were Paul D. Menditto, Supervisor and Robert H. Rohner, Jr., Secretary/Treasurer.  Richard C. Vollmer, Vice Chairman; Atty. Robert F. Bernathy and William J. Greiner, P.E. were not present.

 

PUBLIC COMMENTS:

 

Ed Armstrong commented on the bid award for SR 2001.  Mr. Sivick stated the contract was awarded to Leeward Construction.

 

Scott Hanna commented on Highland Village and the upgrade to Bushkill Falls Road.  Mr. Sivick stated that the developer has recently submitted a traffic impact study for review. 

 

Mr. Hanna commented on a statement made at a previous supervisors’ meeting that Highland Village plans will be at the planning commission level, and does that mean the public will hear nothing at the supervisors’ meetings?  Mr. Sivick stated that the comment was made that all issues will be addressed at the planning commission level before it is brought before the supervisors.  Highland Village plans will still come before the supervisors.

 

APPROVE THE MINUTES OF JULY 15, 2009:

 

Tabled.

 

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

 

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

 

ACCEPT THE FINANCIAL STATEMENTS; ALL FUNDS, FOR THE MONTH ENDED JUNE 30, 2009:

 

Motion made by Mr. Menditto and second of Mr. Sivick to accept the financial statements; all funds, for the month ended June 30, 2009.

 

RACHEL HENDRICKS-PIKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY:

 

Ms. Hendricks submitted information relating to the Authority for the township’s review. 

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The Authority wishes to expand its relationship with the municipalities and boroughs in the county.  They will offer seminars evenings and on Saturdays in an attempt to make it easier for people to participate. 

 

The three functions of the Authority are Expansion, Retention and Attraction within the county.  They can assist with where development should occur.  They offer free services to new businesses.  Connections are made through Dunn & Bradstreet for companies who are looking to relocate or expand their businesses. 

 

The Authority is opening a new website that will reflect the expansion of the organization.

 

OLD BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT-WINONA FALLS ROAD:

 

Notice to Proceed has been forwarded to the contractor. 

 

NEW BUSINESS:

 

There was no new business.

 

MISCELLANEOUS:

 

ADDENDUM NO. 1:  Mr. Menditto stated that there will be a joint Halloween Trail with Middle Smithfield Township at the Lehman Township Community Park.  Volunteers are needed.  Interested individuals can contact the township.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

Tabled.

 

Mr. Sivick stated that the crew has been busy in the lower section of Rustic Acres with shoulder and drainage work. 

 

The annual Blues Festival had to be held indoors because of the weather, but was a success none the less. 

 

Tree trimming around, and cleaning of signs throughout the township.

 

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Litter pick up throughout the township.  Weeds cut around guide rails and site lines.  Two couches that had been dumped on West Sugar Mountain Road were picked up and properly discarded.  Fall Clean Up Days’ dates to be announced.

 

As stated earlier the approximately $14 million contract for the SR 2001 project has been awarded.  Work should begin in about six weeks by Leeward Construction.

 

ADJOURNMENT:

 

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

 

                                                                                          Respectfully submitted,

 

 

 

                                                                                          Robert H. Rohner, Jr.

                                                                                          Secretary/Treasurer

                                                                                               August 11, 2009

                                                                                               Tuesday, 10:00 a.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 10:00 a.m.  Also present were Paul D. Menditto, Supervisor and Robert H. Rohner, Jr., Secretary/Treasurer.  Richard C. Vollmer, Vice Chairman; Atty. Robert F. Bernathy and William J. Greiner, P.E. were not present.

 

PUBLIC COMMENTS:

 

No comments were received.

 

APPROVE THE MINUTES OF AUGUST 4, 2009:

 

Tabled.

 

GIOIA – MINOR SUBDIVISION:

 

Re-approval is needed for this minor subdivision, because the Pike County Planning Commission comment letter had not been received at the time of the original approval by the township.  The Pike County Planning Commission had no comments.  Motion made by Mr. Sivick and second of Mr. Menditto to approve the Gioia’s minor subdivision. 

 

HALLOWEEN TRAIL:

 

The township is planning a joint Halloween Trail with Middle Smithfield Township at the Lehman Township Community Park on October 24th from 6:00 – 10:00 p.m.  The entrance fee will be $1.00 a person.  In attendance from Middle Smithfield Township were Maria Oliveras, Pat LaPete and Al Decker.  

 

Volunteers need to be recruited.  The area fire companies and the Bushkill Ambulance Corp will be invited to set up food concessions.  Other interested vendors will be welcomed.  If they are non for profit they will charged a nominal fee of $10.00.  There will be an attraction for smaller children, possibly a maze.  The local Boy Scout troop will be asked if they wish to participate.  ESU will be contacted for interested volunteers, as will the local school district.  Sponsors will be sought.  Fees will be $25.00 and $50.00.  Sponsors will be recognized by having their name printed on wooden jack-o-lanterns that will be displayed along the trail.  200-300 bales of hay will be needed.  Middle Smithfield has three (3) generator lights that can be used.

 

There will be two (2) hayrides occurring simultaneously, with people in costumes scaring the riders.  The trail will be a half a mile long.  A map of the park was reviewed to determine the best layout for the trail.  Stations and an inventory of needed supplies will

                                                                                               

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be determined.  The area will be reviewed at night.  Set up will be completed on October 17th, and a rehearsal held.

 

Lehman Township will pay all costs upfront, and then bill Middle Smithfield for half. 

 

The next discussion will be at Middle Smithfield’s Park Commission meeting on September 8th.  Volunteers will be asked to attend, but a meeting with all volunteers will be scheduled during the second week of September. 

 

Mr. Sivick stated that he will see about getting Pike County’s bus for transporting attendees.  Ads will be placed in local newspapers and on each township’s website.  Wayne Witkowski of the Pocono Record and Community News, who was also in attendance stated that he will put information in those papers.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 10:36 a.m. by the motion of Mr. Sivick and second of Mr. Menditto. 

 

                                                                                               Respectfully submitted,

 

 

 

                                                                                               Robert H. Rohner, Jr.

                                                                                               Secretary/Treasurer

                                                                                                August 19, 2009

                                                                                                Wednesday, 7:00 p.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 7:00 p.m.  Also present were Paul D. Menditto, Supervisor; Atty. Robert F. Bernathy and Robert H. Rohner, Jr., Secretary/Treasurer.  Richard C. Vollmer, Vice Chairman and William J. Greiner, P.E. were not present.

 

PUBLIC COMMENTS:

 

Scott Hanna commented on the 911 Re-addressing.  Mr. Hanna commented on grass cutting along township roads.

 

John Frawley commented on the dead trees along Bushkill Falls Road. 

 

APPROVE THE MINUTES OF AUGUST 5, 2009:

 

Motion made by Mr. Menditto and second of Mr. Sivick to approve the minutes of August 5, 2009.

 

APPROVE THE MINUTES OF AUGUST 11, 2009:

 

Motion made by Mr. Menditto and second of Mr. Sivick to approve the minutes of August 11, 2009.

 

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

 

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

 

ACCEPT THE FINANCIAL STATEMENTS; ALL FUNDS, FOR THE MONTH ENDED JULY 31, 2009:

 

Motion made by Mr. Menditto and second of Mr. Sivick to accept the financial statements; all funds, for the month ended July 31, 2009. 

 

OLD BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT-WINONA FALLS ROAD:

 

Mr. Sivick stated that the project is moving ahead.  The contractor has ordered the

pre-cast drainage units.

 

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  1. HIGHLAND VILLAGE:

 

Mike Devine represented the developer.  Correspondence dated August 19, 2009 had been submitted to township earlier in the day.  It is a part of these minutes on file.  The developer is seeking assistance from the township for obtaining government grants and low interest loans for some of the major components of the Tamiment project, those projects being the Pennsylvania Utility Company, the Bushkill Falls Road Improvement, and the Mountain Laurel Center. 

 

Mr. Sivick stated that there may be components which could benefit the township as a whole. 

 

The supervisors will meet with Mr. Devine on Tuesday, August 25th at their 10:00 a.m. meeting to discuss further.  In the meantime, the supervisors and Atty. Bernathy will review this proposal.

 

 

NEW BUSINESS:

 

  1. NEW WINTER AGREEMENT SIGNED WITH PENNDOT AND THE

TOWNSHIP WILL RECEIVE AN ADDITIONAL $9,002.10 FOR THE 2008/2009 WINTER:

 

Mr. Sivick stated that the township receives approximately $26,000. for the township addressing winter maintenance on Milford Road and Bushkill Falls Road.  Due to the severe winter of 2008/2009 the township will received from PennDot an additional $9,002.10.  The township has a good working relationship with PennDot, and it is beneficial to the residents who must leave early in the morning to commute to work.

 

  1. TRASH DUMPING AT THE RECYCLING CENTER:

 

Mr. Sivick stated that the township has seen an increase in the illegal dumping of household garbage at the recycling center.  The zoning enforcement officer and the solicitor were directed to file a complaint with the district magistrate.  Atty. Bernathy stated that Judge McBride would like to see the township enact a stand alone ordinance that encompasses dumping of trash on any municipal land.  Atty. Bernathy recommends that he prepare said ordinance that will levy fines at $300.  Motion made by Mr. Menditto and second of Mr. Sivick to have Atty. Bernathy prepare the proposed ordinance.

 

 

 

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MISCELLANEOUS:

 

  1. There will be a free concert at the Community Park on Sunday, August 23rd from 4-7 p.m.  The Ron Richardson Rock & Roll Show will perform.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

Tabled.

 

Mr. Sivick stated that the crew has been working on the shoulders on Mink Pond Road to Lehman Lake.  The supervisors met with representatives from Middle Smithfield Township to discuss the joint Halloween Trail that will be held at the Lehman Township Community Park.  Mowing of road edges throughout the township.  Trimming around signs.  Fallen trees removed from roadways.  The Fall Clean Up dates to be determined, possibly the last week of September.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 7:30 p.m. by the motion of Mr. Menditto and second of Mr. Sivick. 

 

                                                                                                Respectfully submitted,

 

 

 

                                                                                                Robert H. Rohner, Jr.

                                                                                                Secretary/Treasurer

                                                                                               August 25, 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:

 

Mike McDonald commented on the condition of the common properties within Tamiment, specifically the area of demolitions.  Area has not been entirely cleaned up, and the area is accessed by residents to reach amenities.  An inspection of the area will be reviewed after the meeting.

 

HIGHLAND VILLAGE:

 

Atty. Ed Campbell and Mike Devine represented O’Neill Properties. 

 

Pennsylvania Utility Company (PUC):

 

The developer is requesting that the Pennsylvania Utility Company (owned by the developer) which supplies water and sewage to the Tamiment area be transferred to the Lehman Township Water & Sewer Authority, and then the PUC would then enter into a Lease and an Operational Management Agreement with the Authority.  This will allow the developer to be eligible for State and Federal grants and low interest loans.  The Authority would own the present system.  The developer would be responsible for the cost of the new plant.  The Township would be the permittee for the expansion.  The plant would not be built until a certain number of users would be guaranteed. 

 

Atty. Bernathy will need to reconcile a public/private scenario.  A private developer transfers a privately owned utility company to a municipal authority, and then the same company operates that system.  The developer then comes before the Township for approvals.  How is that not a conflict/impropriety?  If an outside company such as Aqua leased the system, there would be no problem.  Atty. Bernathy asked if the developer had an example of this scenario, but at this time they did not. 

 

A bidding process for obtaining the lease of the system would have to be advertised.  The developer may not win the lease. 

 

If successful, the first round of funds received would be used to bring the capacity of the plant from 200,000 gallons to 250,000 gallons.  The cost has been determined to be $2 million.  Any funds received afterwards would be used for the new plant.  Any grant funds would be received by the Authority for operations.  Fees would have to be established for hookups.  Internal on-lot distribution lines will be paid for by the

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Developer. 

 

A concern is that there will be a negative impact on the ability of the township to receive grant money for the Community Park.  This will be reviewed.

 

Attys. Bernathy and Campbell will review various options.  The Developer was directed to submit a formal proposal with complete financial and operational records.  Outline any and all potential liability to the township.  A detailed breakdown of the construction upgrade to the existing plant was also requested. 

 

The Lehman Township Water & Sewer Authority and their solicitor will be notified.

 

MT. LAUREL CENTER:

 

The Developer has developed a business plan, and will be seeking grants for operations and some capital improvements to re-open the Center.  The Developer is requesting that the supervisors submit a letter of support which will become a part of their application for State and Federal grants and low interest loans.  The Developer has been in talks with DCED to discuss their various programs.  The Developer was directed to submit their business plan for review.

 

BUSHKILL FALLS ROAD:

 

Mr. Devine stated that when Pulte was part of this project, their plans for the upgrade to Bushkill Falls Road had a price tag of $10 million.  The Developer has made a request to PennDot that the upgrade be phased in.  Individual Highway Occupancy Permits for the right and left side of the road.  The developer is seeking grants and low interest loans for this project.  The request is for the support of the supervisors to place this State road project in the 12 year PennDot plan and for assistance in obtaining alternative grants to contribute to this community transportation infrastructure improvement.  The deadline is September 3rd.  Mr. Sivick recommends that Mike Mrozinski from Community Planning be contacted. 

 

In closing Mr. Sivick stated that these opportunities may be a step forward.  It will create a commercial area and with that jobs.

 

CUB SCOUT PACK 108 – USE OF PAVILION SEPTEMBER 7TH, 12:00-3:00 PM:

 

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

 

 

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911 RE-ADDRESSING-STREET NAME CHANGES:

 

Mr. Menditto stated that there are two (2) changes to be made.  Stewart Place will be renamed Stewart Court.  The easterly section of Deer Run will be renamed Deer Run East.  Motion to make those two (2) changes made by Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

SARER LIEN:

 

Atty. Bernathy stated that he has filed a petition to vacate the order in Monroe County Court.  Once he receives the order from the court, the township can notify the Sarer family.

 

VERIZON RIGHT-OF-WAY AGREEMENT:

 

Atty. Bernathy stated that he reviewed the agreement, and it can be signed. 

 

FIRE ESCROW-EAGLE VILLAGE:

 

Atty. Bernathy stated that he had the information for Mr. Rohner.

 

RUSTIC ACRES, SECTION 6 ROADS:

 

Atty. Bernathy stated that the original deed will be filed.  Outstanding taxes are due.  Motion made by Mr. Menditto and second of Mr. Vollmer to pay those taxes.  Unanimous.

 

ADDENDUM NO. 1:  Mr. Greiner continues to work on addressing this drainage issue.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 11:27 a.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                             Respectfully submitted,

 

 

 

                                                                                             Robert H. Rohner, Jr.

                                                                                             Secretary/Treasurer