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May 5, 2009
Tuesday, 3:30 p.m.
MINUTES
Chairman John P. Sivick called the meeting to order at 3:30 p.m. Also present were Richard C. Vollmer, Vice Chairman; Paul D. Menditto, Supervisor; Atty. Robert F. Bernathy; William J. Greiner, P.E. and Robert H. Rohner, Jr., Secretary/Treasurer.
Representing
Representing Eagle Point Property Owners Association were Atty. Kimberly Krupka and Ronald Fraioli.
PUBLIC COMMENTS:
No comments were received.
Atty. Krupka stated that the Eagle Point Property Owners Association has concerns regarding Sections D & E, and the ability for the Eagle Point owners to access their properties and the amenities. Atty. Bernathy requested that she put the Associations’ concerns in writing. They will be placed on a future agenda, and the matter discussed.
Atty. Bernathy and Mr. Greiner met recently to put together a list of outstanding issues for purposes of approvals for sections recommended for approval by the township’s planning commission. The Tamiment Major Subdivision (June 19, 2001), there are questions of ownership. What entities own what parcels? What parcels have been transferred to others, and are they a part of this approval process? The grantees must be on board.
The supervisors want clarified on who is the declarant and who the sub-entities are, and what do they own.
Atty. Campbell stated that the developer purchased two (2)
separate tracts; all of the Tamiment properties,
including The Glen,
None of the applications pending before the township include
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enforce and provide services, i.e. garbage pick up, road maintenance, gate responsibilities, etc.
Atty. Campbell will forward documents to the township which will outline the history of the master association; including but not limited to, the board, records, etc. Tamiment Development Group, L.P. controls all of Tamiment and its entities.
Atty. Bernathy stated that the
Mr. Greiner stated that presently there are three (3) associations operating independently. They are not under a master association.
Atty. Campbell stated that the master association is not active at this time, but that the master association needs to begin dialogue with those three (3) associations.
The master association rules the sub-associations, and maintains globally the amenities offered to the sub-associations, i.e. club house, pools, tennis courts, roads, stormwater management, etc.
Mr. Devine stated that the facts are that the master declaration has been recorded. There are two (2) amendments. The tract had been assigned from Hong to Tamiment Development Group, L.P. There are general sub HOH documents.
Atty. Campbell stated that the master association documents are needed before final approval, not preliminary approval.
Atty. Bernathy stated that there are recorded transfers in December 2008. The transfers were made to CSE Highland Village II UC (CSE). The applications shall be amended to include the new owner. Also, it shall be listed on the plans the officers and stockholders for CSE. A map of the tract (a copy is a part of these minutes on file) reflecting the parcels that have been conveyed (red stripes) was reviewed.
An extension letter from the developer to the township granting the township an extension of time for deemed approval must be received before the supervisors’ May 6th meeting at 7:00 p.m. The supervisors will grant approval of the extension request.
Mr. Greiner stated that easement agreements are needed that include CSE as an owner. As the process progresses towards final approval, the supervisors will deal with the developer’s agreement and financial security.
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Mr. Greiner stated that needed water and sewer information has been a big hang up. He has constantly asked for, and has just recently received the information. A Highway Occupancy Permit (HOP) has not been submitted. A complete Planning Module has not been submitted. The Planning Module would be returned by DEP as incomplete. The township can not process in its current form. The Traffic Impact Study needs to be approved before the HOP is submitted.
ADJOURNMENT:
There being no further business, meeting adjourned at 4:57 p.m. by the motion of Mr. Sivick and second of Mr. Menditto. Unanimous.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer
May 6, 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 presented a petition (it is a part of these minutes on file); signed by property owners of the Oak Ridge Subdivision, opposed to the proposed moving of the township’s recycling center closer to the subdivision.
Cecelia Martz, a 30 year resident of the Oak Ridge
Subdivision stated that she is opposed to the moving of the recycling
center. She feels the township should
move it to the township owned property on
Barbara Morris, a resident of Oak Ridge Subdivision stated that she is opposed to the moving of the recycling center. She feels it will bring in rats. It would be very unhealthy.
Mr. Sivick stated that the supervisors will consider the petition and comments made tonight.
APPROVE THE
MINUTES OF APRIL 15, 2009:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of April 15, 2009 as presented. Unanimous.
APPROVE THE
MINUTES OF APRIL 23, 2009:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of April 23, 2009 as presented. Unanimous.
APPROVE THE
MINUTES OF APRIL 29, 2009:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of April 29, 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.
May 6, 2009
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ACCEPT THE
FINANCIAL STATEMENTS; ALL FUNDS, FOR THE MONTH ENDED JANUARY 31, 2009:
Motion made by Mr. Vollmer and second of Mr. Menditto to accept the financial statements; all funds, for the month ended January 31, 2009. Unanimous.
ACCEPT THE
FINANCIAL STATEMENTS; ALL FUNDS, FOR THE MONTH ENDED FEBRUARY 28, 2009:
Motion made by Mr. Vollmer and second of Mr. Menditto to accept the financial statements; all funds, for the month ended February 28, 2009. Unanimous.
BID OPENING: RESURFACING PROJECT:
Four (4) bids were received for the resurfacing project in Rustic Acres, Section 6.
Motion made by Mr. Menditto and second of Mr. Vollmer to award the bid to Wayco, Inc. Unanimous.
The representatives had not yet arrived. Address later in the meeting.
ROY BORGFELD: PIKE COUNTY CONSERVATION DISTRICT REPORT:
Mr. Borgfeld submitted and gave the annual report. There has been a concentration on education. Funds for educational purposes were received from the League of Women Voters. The district prepared an educational newspaper insert. The board executed a new post construction stormwater management requirement. A professional engineer has been added to the District’s staff. The District is undertaking a county wide ground water assessment. Wells are scattered throughout the county. The board is reviewing the
May 6, 2009
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Marcellus shale and gas drilling. The District encourages landowners and municipalities to learn how the drilling may impact them. The objective is to take advantage of that drilling, but maintain the quality of life. Atty. Bernathy will review the possibility of the township regulating shale gas drilling under health and safety. PSATS will be contacted for any sample ordinances/regulations. The District is offering workshops, and Mr. Borgfeld left the list.
OLD BUSINESS:
Tabled.
A letter was received from the
developer requesting an extension of time for deemed approval for
In addition, the developer grants the township a ninety (90) day extension (expires August 4, 2009) for the following; Eagle Pointe Annexation Plan, Lehman Township Recreation Area Subdivision and the Lehman Township Municipal Building Subdivision.
Motion made by Mr. Menditto and second of Mr. Vollmer to grant the extensions. Unanimous.
Motion made by Mr. Vollmer and second of Mr. Menditto to table until Mr. Greiner’s comments (his letter is a part of these minutes) are addressed. Unanimous.
NEW BUSINESS:
There was no new business.
MISCELLANEOUS:
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PennDot, Park Service and Met Ed to discuss the SR 2001 project.
ROADMASTER/PUBLIC WORKS DIRECTOR:
Tabled.
Mr. Sivick
stated that the crew has been busy with culvert ditch maintenance on
Wayne Rohner, Vice President of the league stated that the program is in its third year. The number of children participating has decreased over last year, but the program is still successful. The supervisors presented their 2009 donation of $2,000.00 to the league. The league in turn presented a plaque of appreciation for the supervisors continued support.
ADJOURNMENT:
There being no further business, meeting adjourned at 7:52 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer. Unanimous.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer
May 12, 2009
Tuesday, 10:30 a.m.
MINUTES
Chairman John P. Sivick called the meeting to order at 10:30 a.m. Also present were Richard C. Vollmer, Vice Chairman; Paul D. Menditto, Supervisor and Robert H. Rohner, Jr., Secretary/Treasurer.
PUBLIC COMMENTS:
No comments were received.
SR 2001 UPGRADE PROJECT:
PennDot representative George Roberts stated that the land transfer with the Park Service will take place next week for Sections 401 and 402. There are still details to be ironed out for Section 405. Section 401 is ready for bid. Bid date has been scheduled for June 11, 2009.
Met Ed continues to move ahead. The company is still waiting for submissions from Verizon and Blue Ridge Cable. There is a re-imbursement issue with Blue Ridge Cable that needs to be resolved.
The notice to proceed is six (6) weeks after the bid date, but can not bid without the final utility relocation. It is a federal regulation requirement. Mr. Sivick stated that Senator Lisa Baker, Rep. Mike Peifer and Rep. John Siptroth will be contacted to discuss having them contact Verizon and Blue Ridge Cable. Mr. Roberts stated that each respective office has been contacted to request assistance.
The next meeting will be scheduled for Tuesday, June 9th at 10:30 a.m.
John Donahue stated that letters have been mailed regarding the Bushkill bridge repairs. The bridge will be closed for eighteen (18) days (July 9-28) while the bridge cures. Rt. 209 will be closed to commercial vehicles.
ADJOURNMENT:
There being no further business, meeting adjourned at 10:54 a.m. by the motion of Mr. Sivick and second of Mr. Menditto. Unanimous.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer
May 20, 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:
John Frawley commented on three
(3) dead trees on
APPROVE THE
MINUTES OF MAY 5, 2009:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of May 5, 2009 as presented. Unanimous.
APPROVE THE
MINUTES OF MAY 6, 2009:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of May 6, 2009 as presented. Unanimous.
APPROVE THE
MINUTES OF MAY 12, 2009:
Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of May 12, 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 MONTH ENDED MARCH 31, 2009:
Motion made by Mr. Vollmer and second of Mr. Menditto to accept the financial statements; all funds, for the month ended March 31, 2009. Unanimous.
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PUBLIC WELL HEARING: RICHARD SOMBERS, PMLE,
The hearing was recorded by a court reporter, and the transcript is a part of these minutes on file. At the conclusion of the hearing the supervisors voted unanimously to grant the Waiver Request conditional upon the granting of a waiver from the Pocono Mountain Lake Estates Community Association from the ten (10) foot utility/drainage easement, if applicable and the express understanding that the Applicant provide the Township with a to scale plot plan indicating the exact location of the proposed well, all structures on the subject property including the existing drainage field and existing tanks, property lines and setbacks from the property lines as well as an isolation distance from the existing field on the adjacent property. Further, an additional condition of granting the waiver is that the Applicant will make all efforts to locate the well as depicted on Map #1. In the event that the location of the proposed well on Map #1 is not feasible after having all setbacks and isolation distances reviewed by the Township, the Applicant shall use the proposed well site as depicted on Map #2.
OLD BUSINESS:
Motion made by Mr. Sivick and second of Mr. Vollmer to put this project out for bid. Unanimous.
The last outstanding issue was a completed Sewage Facilities Planning Module that will be forwarded to PA DEP. Mr. Vollmer as SEO stated that it has been addressed satisfactorily. Motion made by Mr. Menditto and second of Mr. Sivick to approve the minor subdivision and the Planning Module. Unanimous.
No additional information has been received from the developer. Tabled.
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4.
TRACT 2 (MAJOR SUBDIVISION):
Mr. Greiner stated that the Sewage Facilities Planning Module is in order. Motion made by Vollmer and second of Mr. Menditto to approve the Planning Module (Resolution No. 241) and forward to PA DEP. Unanimous.
All engineering comments have been addressed as per Mr. Greiner. The Highway Occupancy Permit (HOP) has been submitted to PennDot, with modifications to the traffic study. The permit is based on 490 lots, which includes Lehman Pointe (Teicher). When an additional 1,500 units are proposed, changes will be made, i.e. traffic light. According to Susan Menno; representative for the developer, PennDot has recommended that individual HOPs be submitted for each phase.
Atty. Bernathy stated that any approval by the supervisors shall be conditional upon a review of the amended land development applications that reflect owner CSE Highland Village II LLC (CSE). CSE is the owner and Tamiment Development Group (TDG) as the developer. Ms. Menno submitted the revised applications for review on this date. The identification and explanation of the ownership structure within Tamiment. The current Tamiment land development applications are subject to the Master Declaration. Insure that there are no inconsistencies between the Master Declaration and the township approved Master Plan. Review the details about how the Architectural Control Board (ACB) currently operates and how architectural controls will be regulated in pending and future development. Insure that the required formation of an Advisory Board that will deal with disputes that exist between the Declarant and the existing property owner’s associations. And finally, that CSE and TDG will submit additional declarations of covenants and restrictions for each additional phase of development as part of the final subdivision and land development approval process. These declarations will contain provisions relating to maintenance of roadways and common facilities, designation and maintenance of open space, maintenance of stormwater facilities, residential age restrictions, where appropriate and such other provisions as may be reasonable and necessary.
Mr. Sivick
wants to insure that the other entities (The Glen,
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reached
with The Glen and
Another issue voiced by Mr. Sivick is the paving of the roads in Lehman Pointe. Mr. Campbell responded that the issue will be addressed, and that he was just recently made aware of it, and that the Teicher’s want a gate for this section also.
Mr. Vollmer inquired on when will this community be turned over to an
association. Atty. Campbell responded that the developer will follow the Planned Community Act. All associations fall under that State statute.
Ms. Menno stated that Sections D & E will initially use Section A’s recreational facilities.
Atty. Kimberly Krupka; legal representative for Eagle Point, stated that Eagle Point has no objections to Section E’s easements. Section D’s improvements need to be addressed, i.e. the lake beach front amenities (boat access and docks) and a parking area. No plans have been submitted to, or reviewed by the township as of this date.
Motion made by Mr. Sivick and second of Mr. Menditto to approve the preliminary plan for Sections D & E with the conditions as outlined on Mr. Greiner’s four (4) correspondences dated April 15, 2009 (they are a part of these minutes), and the review by Atty. Bernathy of the documents supplied by Atty. Campbell dated May 19, 2009 (it is a part of these minutes on file). Unanimous.
NEW BUSINESS:
Ms. Menno submitted a revised Application for Review of a Land Development Plan which reflects CSE Highland Village II LLC as an owner.
The Master Plan proposed 84 townhouses for this section. The proposed preliminary plans provide for a total of 120 townhouses. This is a significant increase in density. The section has been changed from a market rate to an active adult use. The supervisors must decide if this section of the development generally conforms to the Master Plan.
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Proposed covenants and restrictions, as well as home owners association documents, and the covenants pertaining to the active adult use have been placed on the plans are subject to review by Atty. Bernathy.
A portion of the Tamiment 902 tract needs to be conveyed to Tamiment 503 so that all of this section is in single ownership. A conveyance plan has now been include, but it is incomplete. Required notes are not shown on the plan, especially those notes relating to a lot combination. The proposed parcel to be transferred should carry a lot designation.
A copy of the approved ACOE Jurisdictional Determination should be provided to the Township prior to final approval.
Evidence of public notice and proof of publication have been supplied, and is subject to review by Atty. Bernathy.
A revised traffic Impact study has been submitted.
A lighting and landscape plan has been prepared. The plan does not include specifics with respect to the exterior lights or lighting levels proposed. With the vast expanse of clear cutting and site grading required by this project, the supervisors should consider whether the landscaping is adequate.
A PennDot HOP occupancy application has not been submitted.
Pike County Conservation District has requested from the developer that separate applications be submitted for Sections D & E, Sections JH4 and Section 1. The District further requested that the developer hold off on Sections JH4 and 1, or that Sections D & E, JH4 and 1 will become one (1) application.
Portions of the proposed development may lay on slopes in excess of 25%. A waiver has been requested from SALDO 712.4. It is Mr. Greiner’s recommendation that the request is valid.
Open space and recreation fees need to be addressed.
The Master Plan provides for a
pedestrian friendly environment, especially in the active adult
communities. Walks should be extended to
the
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Tamiment Road. The original concept of development, when The
Glen IV was approved, included a pedestrian path along the south side of
Drafting notes as outlined on Mr. Greiner’s letter dated May 13, 2009 (it is a part
of these minutes on file) need to be addressed.
Plans for the sanitary sewers and water mains have not been reviewed and
approved by the utility company. Copies of all required PA DEP permits for the
water and sewer system should be provided to the township. The low pressure
sewage treatment collection system and the water supply system appear to require
permits.
The Planning Modules are complete and require approval by the supervisors. Sub-
mittal to PA DEP cannot occur until the PNDI areas of conflict have been resolved
with the appropriate agencies.
Based on data provided by the developer, existing facilities at the Tamiment site
require a treatment capacity of 184,810 gallons per day (GPD). The existing
plant has a treatment capacity of 250,000 GPD. Sections D & E will generate
flows of 18,900 GPD (90 units at 210 GPD/unit). Sections 1 and JH4 will
generate flows of 84,000 GPD (400 units at 210 GPD/unit). Combined existing
and proposed flows total 287,710 GPD. The plant does not have adequate
capacity for these two (2) additional sections. Mr. Greiner will need to know how
many gallons will be spray irrigated. The developer will submit the information to
him.
There are three (3) existing wells providing water in the Tamiment site. The three
wells are capable of providing adequate water for the existing uses, as well as Sec-
tions D & E and JH4. Total capacity of the three wells is 486 GPM or 699,840
GPD. The maximum day demand for domestic water is 486 GPM. There is no
additional well capacity for Section 1.
A hydrogeologic study is required because the proposed sections of development
involve a water use greater than 10,000 GPD.
Evidence of concurrence by the Fire Company with respect to fire hydrants is
pending.
Water lines are not always separated from storm sewers by 10 feet. Special pro-
May 20, 2009
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visions may be required in this construction and should be shown on the plans.
Interpretation of this requirement should be obtained from the PUC engineer.
The design engineer made several recommendations relative to the water system
that should be incorporated into any action by the supervisors. A fire pump is
required on the 350,000 gallon standpipe. The distribution system must be
modified by either raising the elevated tank to provide a single pressure zone and
eliminate the PRV/Check Valve or a by-pass must be installed around the
PRV/Check Valve.
In closing, the developer’s representatives stated that if the township wants side-
walks along
Mr. Vollmer stated that the active adult has been fragmented, and is a deviation
from the Master Plan.
Motion made by Mr. Menditto and second of Mr. Sivick to table until all
of the township’s engineer’s comments have been addressed. The current
extension for deemed approval expires June 4, 2009. A new extension letter
is needed from the developer before that date. Unanimous.
2. HIGHLAND VILLAGE-SECTION JH4,
PRELIMINARY PLAN WITH
PLANNING MODULE:
Mr. Greiner’s extensive comment letters dated May 13, 2009 is a part of these
minutes on file. Motion made by Mr. Menditto and second of Mr. Sivick to table
this review until the developer has addressed the comments. The current
extension for deemed approval expires June 4, 2009. A new extension letter is
needed before that date. From this date forward the supervisors want all issues
addressed at the planning commission level, not at the supervisors. Unanimous.
The plan involves Lots 125, 126 and
127 in Pocono Mountain Lake Estates, Section 5A.
May 20, 2009
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MISCELLANEOUS:
allocation in the amount of $155,748.12. The funds may be used for resurfacing
Projects, winter
maintenance and equipment purchases.
ROADMASTER/PUBLIC
WORKS DIRECTOR:
Tabled.
Mr. Sivick stated that the road crew has been busy with the Clean Up Days and its
aftermath. General road and equipment
maintenance.
ADJOURNMENT:
There being no further business, meeting adjourned at 9:23 p.m. by the motion of Mr. Sivick and second of Mr.Menditto. Unanimous.
Respectfully submitted,
Robert H. Rohner, Jr.
Secretary/Treasurer