The regular meeting of the Middle Smithfield Township Board of Supervisors held at the Schoonover Municipal Center at 9:15 a.m. on April 10, 2008. Scott R. Schaller presided.

Members present: Scott R. Schaller, Robert (Bob) Spano Sr. and Ronald L. (Ron) Clewell. Also present were Jennifer Wise, Doug Olmsted, Sherry Predmore, Wayne Rohner and several township residents.

Scott Schaller made a motion to approve the minutes of the March 13, 2008 and March 26, 2008 meetings. Bob Spano seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to authorize payment of the listed bills. Ron Clewell seconded the motion. The motion carried 3-0. A copy of the listing is attached and made a part of these minutes.

Scott Schaller made a motion to appoint R. Douglas Olmstead as the new Township Engineer. Bob Spano seconded the motion. The motion carried 3-0. Mr. Schaller explained that Mr. Olmstead has been added to the township staff and will be working full time. The Secretary was directed to send a letter of appreciation to Fred Courtright thanking him for his years of service to the township.

Wayne Rohner summarized the combined Zoning Officers’ report for the month of March.

Correspondence:

The secretary opened and read bids received for cleanup containers. Bids were as follows:

Waste Management - $20.00 per cu. Yd.

Scotta Containers - $23.25 per cu. Yd.

Middle Smithfield Materials - $29.50 per cu. Yd.

Following review of the bids, Scott Schaller made a motion to accept the low bid of Waste Management. Ron Clewell seconded the motion. The motion carried 3-0.

A letter was received from Monroe County Vector Control giving notice of the 2008 Bureau of Forestry aerial spray program on the East Stroudsburg Water Authority property in Middle Smithfield Township. The spraying will be done in the middle of May using the insecticide Bacillus thuringiensis kurstaki (Bt-k). The letter also gave suggestions for precautions to be taken during spraying.

A letter was received from Monroe County Control Center giving an update on the 9-1-1 addressing project. Map updates have been given to several municipalities the remaining municipalities will receive their maps between mid-May and mid-July.

A letter was received from the State Gaming Board setting forth the procedures for the upcoming hearing on the Bushkill Groups application. Scott Schaller made a motion to authorize the Township Solicitor to draft a letter of support for the application and take the 30 minute allocation for the host municipality at the hearing. Ron Clewell seconded the motion. The motion carried 3-0.

A letter requesting a donation was received from the East Stroudsburg Youth Association. Scott Schaller made a motion to donate $500 to ESYA. Bob Spano seconded the motion. The motion carried 3-0.

Correspondence was received from the Camping director of the Cradle of Liberty Council of the Boy Scouts of America offering to donate a small parcel of land in the Leisure Lands subdivision to the township. The secretary was directed to respond that the property is too small to be of any use to the township and offer the suggestion that the owner contact neighbors to determine if they might want it.

Notice was received from Tennessee Gas Pipeline advising of a change in the timeframe for their Northeast Passage Project. The project has been pushed back to 2012 to 2013 timeframe.

Unfinished Business:

Solicitor’s Report:

Attorney Wise summarized Resolution 4-2008-01 that if adopted will appoint the firm of Kirk Summa to replace the elected auditors for 2008. Scott Schaller made a motion to adopt Resolution 4-2008-01 as written. Bob Spano seconded the motion. The motion carried 3-0.

Attorney Wise gave an update and summary of a recent meeting with EMS providers.

Engineer’s Report:

Action on the Big Ridge requests for release of escrow was deferred pending the settlement agreement.

Doug Olmstead reported having contacted the attorney for the Developer of Crystal Creek who advised that he will send letter indicating start and completion date for the required improvements.

Mr. Olmstead advised that FNC Bank has requested a modification of the construction standards for base material from 18 inches to 8 inches for the parking lot and access roads to match Penn DOT requirements. Since the site is on fill material consisting of crushed rock taken from the sites just north of the bank site, Mr. Olmstead is not opposed to granting a waiver in the bank property but recommended that the specification for the loop road be consistent with what has already been constructed on the CVS and Friendly’s properties. Mr. Olmstead stated that he was the Engineer of record for this plan noting that any decision the Board should make should take this fact into account. Scott Schaller made a motion to grant the written waiver request to reduce to 8 under parking and internal workings of the bank however the requirement for 18 inches remains in place to match the loop road connection to the CVS and Friendly’s properties. Ron Clewell seconded the motion. The motion carried 3-0.

Traffic Signal Plan for the Middle Smithfield Elementary School was discussed. It was noted that the plans can be signed and forwarded to Penn DOT. The License Agreements, Easements and a Maintenance Agreement are adequate from a technical standpoint, however there needs to be clarification of the deed references. These are minor issues and the agreements could be approved subject to resolving these minor issues.

The purpose of the license and easement agreements was explained and it was noted that the maintenance agreement assures that there will be no cost on part of the township for the operation and maintenance of the signal.

Scott Schaller made a motion to conditionally approve the plan and the agreements for the traffic signal at the Middle Smithfield Elementary School subject to addressing the minor deed reference issues to the satisfaction of the township Solicitor and Engineer and receipt if the insurance certificate. Bob Spano seconded the motion. The motion carried 3-0.

There was general discussion regarding the recent announcement regarding the Marshalls Creek by-pass. Scott Schaller advised that he had been contacted by Penn DOT who informed him that the by-pass is far from dead. The plan has been returned to Engineering and per Penn DOT officials within the next three months a scaled down plan should be announced.

John Petrizzo brought up access to Hollow Road. He stated that he would be willing to work on straightening Hollow Road to bring it through his property if the township were willing grant concessions for setbacks etc. for him to put up a new building. No action was taken.

Resolution 4-2008-02 appointing the chairman to sign on behalf of the township for a grant application with DCNR for the Echo Lake Park Pavilion was discussed. Bob Spano made a motion to adopt Resolution 4-2008-02 as written. Ron Clewell seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to authorize advertisement for stone and FOB blacktop to be opened at the May 8, 2008 meeting. Bob Spano seconded the motion. The motion carried 3-0.

Resolution 4-2008-03 which establishes a fee of $50 for the use of the municipal center conference rooms and meeting rooms when the facilities are not otherwise in use was discussed. Scott Schaller made a motion to adopt Resolution 4-2008-03 as written. Bob Spano seconded the motion. The motion carried 3-0.

Public comment:

Oscar Woerlein questioned the type of spraying that the State is doing on the Reservoir property.

Mr. Summers requested an update on the Country Club of the Poconos agreement. Jennifer Wise gave an update. There was general discussion regarding the releases of escrows the possible use of an independent engineer to review and perform inspections. No formal action was taken at this time.

John Petrizzo stated his opinion regarding odor at the Authority sewage treatment plant and pump stations. The Board will ask the Municipal Authority to address.

Mrs. Lowris questioned the status of the roads in Fox Hollow. Scott Schaller and Jennifer Wise gave an update advising that they still need to put handle on who owns the roads. It was noted the Solicitor and Engineer are still researching the code to determine if there are any appropriate exceptions to improvements standards that could be applied. Doug Olmstead will review and report back.

Al Decker thanked the developers of CVS and Friendly’s for installation of sidewalks.

Scott Schaller made a motion to call an executive session for discussion of the Toll Brothers and Benoit issues. Ron Clewell seconded the motion. Executive session was called at 11:40 a.m.

The meeting reconvened at 12:00 p.m. and adjourned in regular order.

Respectfully submitted,

Sherry Predmore, Secretary

April 10, 2008