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                                                                                               November 4, 2009

                                                                                               Wednesday, 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:

 

The evaluation and scoring of the seven (7) proposals was concluded. 

 

It was determined, based upon the scores earned (they are a part of these minutes on file), that four (4) firms will be interviewed.  They are Brown & Keener, Simone Collins, Johnson, Mirmiran & Thompson and Glatting Jackson Kercher Anglin.  The evaluation forms will be forwarded to PennDot representative April Hannon for her review.  The interviews will be scheduled when the township receives the o.k.

 

ADJOURNMENT:

 

There being no further business, meeting adjourned at 11:55 a.m. by the motion of Mr. Sivick and second of Mr. Vollmer.  Unanimous.

 

                                                                                             Respectfully submitted,

 

 

 

                                                                                             Robert H. Rohner, Jr.

                                                                                             Secretary/Treasurer

                                                                                               November 4, 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:

 

Ed Armstrong commented on the SR 2001 upgrade project groundbreaking scheduled for November 5th at 2:00 p.m. near the site of the old post office.

 

APPROVE THE MINUTES OF OCTOBER 21, 2009:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to accept the minutes of October 21, 2009 with the following change under Complaint:  Smoking and Unleashed Dogs on the Municipal Field.  The second sentence will be deleted.  It will read as follows:  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.  Unanimous.

 

APPROVED THE MINUTES OF OCTOBER 27, 2009:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of October 27, 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.

 

OLD BUSINESS:

 

  1. STORMWATER MANAGEMENT PROJECT-WINONA FALLS ROAD:

 

Mr. Greiner stated that the contractor has addressed the deficiencies; cracks sealed and slopes stabilized.  The contractor has submitted an application for payment.  All weekly wage certifications have been received with the exception of the week ending September 19, 2009.  The contractor has been notified.  The request is for $43,119.85.  Mr. Greiner recommends payment upon receipt of the missing wage certification. 

 

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

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payment conditional upon the receipt of said certification.  Unanimous.

 

  1. HIGHLAND VILLAGE:

 

Mr. Greiner stated the he has received additional stormwater data.  The supervisors will request that representatives of the developer attend the November 18th meeting to discuss the deficiencies of the Condition Use Request for Master Plan Approval.  Atty. Bernathy stated that there are outstanding issues so the developer does not have to be given preliminary approvals.  Atty. Bernathy will discuss with the chairman for the planning commission. 

 

Motion to request that the developer attend the November 18th meeting made by Mr. Vollmer, second of Mr. Menditto.  Unanimous.

 

  1. DANGEROUS STRUCTURE DECISION-TAMIMENT:

 

A memo from the zoning officer dated October 29, 2009 stated that as of this date no demolition permit has been obtained by the property owner and no equipment has been brought in for demolition purposes.  Atty. Bernathy stated that pursuant to the decision, the owner was to begin work within ten (10) days of receipt. 

 

Motion made by Mr. Vollmer and second of Mr. Menditto to have Atty. Bernathy forward a complaint to District Magistrate McBride.  Unanimous.

 

  1. LARKIN SEPTIC SYSTEM:

 

Mr. Vollmer stated that as the Sewage Enforcement Officer he met with the company that will be conducting the hydro testing.  He inspected the bottom floor rooms.  One is a pantry, the other a laundry room, both of which had been set up as bedrooms, but that is no longer the case.  Mr. Vollmer had received a telephone call from David Gregory, legal representative for the Larkins requesting that since the home is now a three (3) bedroom home (as permitted) will the sewage permit be reinstated so that the Larkins can sell the home.  Mr. Vollmer stated that there were two (2) conditions that had to be met.  Inspect the home for the number of bedrooms, and the other was the hydro testing, which has yet to be conducted.  The testing is scheduled for November 9th and 10th.

 

NEW BUSINESS:

 

  1. MINOR SUBDIVISION-GERRY/ARNOTT:

 

Mr. Greiner stated that the properties are Lots 11 and 12 located in Rustic Acres,

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Section 6.  A section of Lot 12’s driveway crosses over the property line of Lot 11.  A section of Lot 11 will be subdivided, and become a part of Lot 12.  The township’s planning commission recommends approval.  All engineering items have been addressed.  The county’s planning commission had one (1) comment, which was dismissed. 

 

Motion made by Mr. Sivick and second of Mr. Menditto to approve the minor subdivision plan.  Unanimous.

 

  1. TWO (2) DISABLED VETERANS-REAL PROPERTY TAX EXEMPTION

CERTIFICATIONS:

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve Robert Varga’s Disabled Veterans-Real Property Tax Exemption Certification.  Unanimous.

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve Dorian Woodruff’s Disabled Veterans-Real Property Tax Exemption Certification.  Unanimous.

 

MISCELLANEOUS:

 

No items.

 

ROADMASTER/PUBLIC WORKS DIRECTOR:

 

  1. MINK POND ROAD CULVERT PROJECT:

 

Tabled.

 

Mr. Sivick stated that the crew has been busy with shoulder work on Creek Road.  The Halloween Trail was a huge success.  Approximately 4,000 people attended.  The volunteers had just as much fun as the visitors.  The event will definitely be held in 2010 with Middle Smithfield Township.  Spreader on Truck 914.  Leeward Construction will be leasing the township’s property on Milford Road during the upgrade of SR 2001.  Maintenance work to the building had been completed prior to occupancy by the tenant.  There will be ground breaking ceremony for the SR 2001 upgrade project on Thursday, November 5th at 2:00 p.m.  It will be held next to the Bushkill post office.  The new trucks are scheduled to be delivered, one on Thursday, the other one on Friday of this week.  Salt and antiskid are being delivered.  Ditch maintenance in Rustic Acres and Sugar Mountain. 

 

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ADJOURNMENT:

 

There being no further business, meeting adjourned at 7:22 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                               Respectfully submitted,

 

 

 

                                                                                               Robert H. Rohner, Jr.

                                                                                               Secretary/Treasurer

                                                                                               November 13, 2009

                                                                                               Friday, 9:00 a.m.

 

MINUTES

 

Chairman John P. Sivick called the meeting to order at 9:00 a.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.

 

PUBLIC COMMENTS:

 

No comments were received.

 

2010 BUDGET:

 

The proposed 2010 Budget was discussed per line item.  The proposed budget for the General Fund is $1,907,477,000.  Total proposed budget for all funds is $3,267,017.  The worksheets are a part of these minutes on file.

 

Motion made by Mr. Menditto and second of Mr. Vollmer to adopt the proposed 2010 Budget.  Unanimous.  A public hearing for the proposed budget will be conducted on December 16th. 

 

Motion made by Mr. Sivick and second of Mr. Menditto to hire Kirk, Summa & Co., LLC to conduct an examination of all the accounts of the township for the fiscal year 2009.  The firm will replace the elected auditors.  Unanimous.

 

ADJOURNMENT:

 

Motion made by Mr. Sivick and second of Mr. Menditto to adjourn, and to conduct an Executive Session regarding personnel at 11:15 a.m.  Unanimous.

 

                                                                                             Respectfully submitted,

 

 

 

                                                                                             Robert H. Rohner, Jr.

                                                                                             Secretary/Treasurer

                                                                                               November 18, 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 inquired on an update for the county’s single stream recycling.

 

APPROVE THE MINUTES OF NOVEMBER 4, 2009 (10:00 AM):

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of November 4, 2009 (10:00 a.m.) as presented.  Unanimous.

 

APPROVE THE MINUTES OF NOVEMBER 4, 2009 (7:00 PM):

 

Motion made by Mr. Menditto and second of Mr. Vollmer to approve the minutes of November 4, 2009 (7:00 p.m.) 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.

 

SAFE HAVEN DONATION:

 

The supervisors presented the township’s 2009 donation of $3,000. to representatives Geri Ferry and Denise Fitzpatrick.

 

OLD BUSINESS:

 

  1. HIGHLAND VILLAGE:

 

Discussion centered on the Decision for the Conditional Use Request for Master Plan Approval and Mixed Use Residential Overlay Zoning District dated April 19, 2007.  Representing the developer were Atty. Ed Campbell, Mike Devine, Dan Mita, Rocco Caracciolo and Stephen Szewczak.

 

Atty. Campbell stated that there has been no contact with Saw Creek Estates representatives this year, but there have been discussions with the Little Bushkill

 

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Rod & Gun Club as it relates to Sections A, and with Bushkill Falls representatives regarding the waste water plant.  The master plan requires the review and implementation of stormwater management on the site.  The developer is working to correct the situation.  Mr. Devine stated that the developer will meet twice before the end of the year; as required, with representatives from Saw Creek.  The supervisors found this unsatisfactory considering the year is nearly over. 

 

Mr. Vollmer questioned the status of the wells.  Mr. Devine stated that information has been forwarded to Mr. Greiner that outlines the water supply for each phase of the project.  Mr. Greiner stated that there are discrepancies within the reports.  The strategy plan is not in conformance with plans reviewed both past and present.  Section A and Sections D & E are low pressure sections.  There are two (2) wells and one (1) reservoir that can service all of Sections D & E and seventy (70) units of Section A.  Section A has 702 units.  The supervisors want a match of water supply and sewage capacity to each section. 

 

Atty. Bernathy stated that paragraph 23 reads as follows:

 

The Applicant agrees that as development proceeds there shall be a need for additional water supply wells.  The Applicant shall develop sections on a section by section basis in conjunction with the submission of individual land development plans.  Development of wells shall include, but not be limited to, a detailed hydrologic analysis that includes the recharge rate of the well, the proposed withdraw rate, and the interrelationship between the groundwater and surface water system.  Applicant agrees to perform a series of controlled pump tests which simultaneously monitor existing wells, stream flows, surface water levels and other surface water features.  All wells shall be tested for potability.

 

Atty. Campbell disagreed.  Mr. Greiner stated that it is a plan requirement at the preliminary plan approval stage as outlined in Article 7 of the SALDO.  The developer will be asking for a waiver that it be approved at the final approval stage.  So in essence the supervisors would be giving an approval with the intent to supply water, which means you have nothing.  Section A needs three (3) supply wells.

 

Atty. Bernathy stated that at this point in the discussion we know that the developer has not met with Saw Creek Estates in 2009 regarding the stormwater plan which is a violation of the 2007 Decision.  Mr. Devine disagreed, stating that there is time to meet with Saw Creek Estates to discuss the plan and the use of diversionary berms.  Mr. Menditto stated that he wants proof that the developer

 

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met twice with Saw Creek Estates in 2008.  It is of a highest priority.  Mr. Sivick stated that he knows of at least four (4) homes which have been flooded by

run-off from the golf course. 

 

Atty. Bernathy stated that paragraph 28 reads as follows:

 

The Applicant agrees to meet with representatives of the Saw Creek Community no less frequently than twice each calendar year for the purpose of reviewing stormwater management and such other issues as may be appropriate.  Applicant shall incorporate stormwater management design elements into the land development plans for the neighborhoods that border the lands of Saw Creek that will mitigate sheet flow from the Property and direct stormwater towards streams and other natural waterways.  In the interim and prior to the development of these neighborhoods, Developer will install diversionary berms in those undeveloped portions of the Property that appear to be of most concern for sheet flow onto the lands of Saw Creek.  These diversionary berms will serve to direct sheet flow away from the Property boundaries and toward streams and other natural waterways. 

 

Mr. Vollmer stated that in the beginning of the approval promises were kept, but now the developer is balking at following through.  Things changed due to the economy, and the supervisors made compromises.  The decision has been violated numerous times.  The concept of has changed from what had been approved by the supervisors in 2007.

 

Mr. Menditto stated that for example the structures that had been declared dangerous by the supervisors.  The decision states that demolition of the structures was to begin within ten (10) days of receipt of the decision.  Nothing happened.  Atty. Campbell stated that the developer ran into problems with PA DEP and the need for approval before the demolition began.  Mr. Menditto stated that the township had not been notified by either a telephone call or correspondence of the situation.  Mr. Devine stated that in addition power had to be pulled and they needed to hire a contractor.  Three (3) bids were solicited. 

 

Mr. Vollmer asked for an updated on the sewage capacity.  Mr. Devine stated that  presently the system is constructed for 250,000 gallons per day.  There is a draft permit for 1.15 million gallons per day.  Mr. Greiner stated that they are over capacity at this point with Section A before the township.  Atty. Campbell stated that the developer wants to build and expand the plant as it is needed.  There will be the processing of sewage in increments.  Mr. Greiner stated that a post construction plan with sequencing should be submitted to him and to the Pike County Planning Commission.  Mr. Greiner stated that sewage is progressing. 

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Mr. Vollmer questioned the location of the ball field and the land for the

municipal building.  Atty. Campbell stated that there will have to be further discussion on this matter.  Mr. Sivick stated that it is his understanding that the location is to be opposite the Mt. Laurel Center.

 

Mr. Vollmer questioned the Highway Occupancy Permits for driveways.  Atty. Campbell stated that application has been made to PennDot for the improvements to Bushkill Falls Road.  Section A needs identification.  It is not a minimum use driveway.  Mr. Greiner stated that the Traffic Impact Study has been revised.  It must be finalized and approved before the issuance of a Highway Occupancy Permit. 

 

Mr. Greiner stated that according to the Master Plan when the developer has received the approval for the construction of 1,000 units, the developer must design and engineer 50,000 sq. ft. of commercial space.  Atty. Campbell stated that it has been discussed at the planning commission level, and a sketch plan had been submitted.  Mr. Sivick asked if the downtown concept still exits.  It still does.

 

Mr. Menditto asked to revisit the water supply requirement, specifically how many units have been approved, and how much water is available for supply.  Mr. Caracciolo stated that there are two (2) different systems, the Glen system which has one (1) well and The Eagle Village System which has two (2) wells.  In the first phase two (2) sections were approved with connection to the Eagle Village system.  In the second phase there will be a connection of the low and high pressure systems with booster pumps.  After seventy (70) units in Section A there will be a need for a new system.  The water supply is a part of the preliminary approval process.  Water supply will be needed for 702 units in Section A, but there is enough for only 70 units.  The number of units approved was not stated, but the information is a part of these minutes on file.

 

Atty. Bernathy stated that the two (2) access points (emergency and other) into Saw Creek Estates must be addressed.  The alternates to the diversion berms, and the new means and method of construction must be determined. 

 

The Decision outlined the improvement to Bushkill Falls Road within the first four (4) phases.  Mr. Greiner stated that that no longer exists.  There is a revised Traffic Impact Study.

 

Atty. Bernathy recommends the addressing and amending the conditions of the Master Plan Approval.  The conditions are not able to be met.  It must conform to

 

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the changes made.  The supervisors need something that can be enforced.  Atty. Campbell stated that it is his opinion that it is a good document, and is

enforceable in its present state.  Once the developer receives TIS approval from PennDot, then the developer will have HOP approval.  The open space plan is following the Conditional Use.  There is a sketch plan for commercial space. 

 

At this point the discussion concluded, and it was decided that the next meeting will be conducted on December 1st at 10:00 a.m.  Atty. Campbell will supply a laundry list as it relates to the Conditional Use.

 

A thirty (30) day extension letter had been received by the planning commission on November 12th for Section A.  This will be confirmed.

 

  1. DANGEROUS STRUCTURES-TAMIMENT:

 

This item was discussed under Highland Village.

 

  1. LARKIN SEPTIC SYSTEM:

 

      Mr. Vollmer stated that Allstate Septic Systems is working on this project.  The

      owner will dig the holes.

 

NEW BUSINESS:

 

  1. ESCROW RELEASE-COMPACTOR AND WICKES ROAD GATE

PROJECTS:

 

Motion made by Mr. Sivick and second of Mr. Menditto to approve the release of the funds held in escrow ($5,000.) for these projects since all conditions have been met as outlined in the memo from the Zoning Enforcement Officer.  Unanimous.

 

MISCELLANEOUS:

 

ADDENDUM NO. 1:  Motion made by Mr. Menditto and second of Mr. Vollmer to approve the hanging of a banner over Winona Falls Road for the Bushkill Fire Company advertising their “Santa Breakfast”.  Unanimous.

 

 

 

 

 

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ROADMASTER/PUBLIC WORKS DIRECTOR:

 

Mr. Sivick stated that the crew has been busy with leaf pick up in Rustic Acres and Brodhead Road.  The two (2) new trucks have been delivered.  Shoulder work on Creek Road.  Maintenance in the community park.

                                                                               

ADJOURNMENT:

 

There being no further business meeting adjourned at 8:44 p.m. by the motion of Mr. Menditto and second of Mr. Vollmer.  Unanimous.

 

                                                                                              Respectfully submitted,

 

 

 

                                                                                              Robert H. Rohner, Jr.

                                                                                              Secretary/Treasurer