The regular meeting of the Middle Smithfield Township Board of Supervisors was held at 9:00 a.m., Thursday, February 14, 2008 at the Schoonover Municipal Center. Scott Schaller presided.

Members present: Scott R. Schaller, Robert (Bob) Spano Sr. and Ronald L. (Ron) Clewell. Also present were Fred I. Courtright, Deb Ogden, Wayne Rohner, Sherry Predmore and several township residents.

The Chairman called to order a public hearing to hear comments on proposed Ordinance 158, an ordinance creating a Township Park and Recreation Board and repealing Resolution 01-2003-02 and Resolution 11-2001-01 in their entirety. Donna Kenderdine took a stenographic record.

Jennifer Wise summarized the ordinance. She advised that the ordinance proposes to have five persons appointed without pay or consideration other than reimbursement for expenses to serve at the Park and Recreation Board. Notice of the hearing was advertised in the Pocono Record on January 25 and February 1, 2008. Acknowledgement of receipt of the ordinance has been received from the review agencies.

The floor was opened for public comment. Al Decker questioned why there was nothing in the ordinance that states if a member misses three meetings then they are out? It was noted that 3.103 covers neglect of duty.

Mr. Decker also questioned the park budget and Mr. Schaller responded noting that the budget really had nothing to do with this ordinance.

Virginia Manbeck had several questions the first being resignation and removal of members and stated that section 3.103 should explain how vacancies would be filled. Attorney Wise explained the process for an appointment by the Board of Supervisors and advised that she believes that the ordinance sufficiently covers it.

Ms. Manbeck also questioned section 7.101 stating the time and meeting date as the first Monday of each month. She stated that a problem may be created if some people cannot attend on that day. Attorney Wise noted that the ordinance provided that monthly board meetings shall be advertised annually and remains as advertised unless and until changed by written notice by the board to the township secretary. It was the consensus that the Supervisors should let the committee decide when the meetings would be held. The ordinance provides opportunity to advertise for a different date and time.

Ms. Manbeck also suggested that section 8.101 under responsibilities should include a recommendation regarding selection of park employees. Her concern was with expansion of the recreational opportunities we may be employing more people for this purpose and it was her opinion that the ordinance needs to cover it. Ms. Wise advised that this would be something at the discretion of the Board of Supervisors. Various examples of problems that could arise were discussed and Mr. Schaller explained that currently road department employees are used for parks. He suggested trying the ordinance as it is for a while and see what happens, then the board can make suggestions and the Supervisors can redo the ordinance.

Pat Cusmano questioned whether the township has a drug policy in the ordinance. Attorney Wise advised that if somebody in the park is engaged in illegal drugs it is a crime. It doesn’t matter whether there is an ordinance. The township ordinance does not override the state criminal code. Mr. Cusmano clarified his question noting that he was asking about township employees. Ms. Wise advised that there is a drug and alcohol policy in the township employee handbook.

There being no further testimony or questions, Scott Schaller made a motion to adopt Ordinance 158. Bob Spano seconded the motion. The motion carried 3-0.

Scott Schaller questioned whether appointments should be made at this time? Attorney Wise advised that the Board could make the appointments now. Following questioning various members of the audience whether they wished to serve on the Park and Recreation Board, Scott Schaller made a motion to appoint Al Decker to a four year term. Bob Spano seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to appoint Pat LaPeter to a five year term, Ron Clewell seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to appoint Virginia Manbeck to a one year term. Bob Spano seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to appoint Bob Spano to a two year term. Ron Clewell seconded the motion. The motion carried 3-0.

It was the consensus that the Supervisors would fill the one vacancy at a later date.

Scott Schaller made a motion to close the hearing. Ron Clewell seconded the motion. The motion carried 3-0. The hearing closed at 9:33 a.m.

Scott Schaller made a motion to approve the minutes of the meeting held January 10, 2008 and the meeting held January 29, 2008. Ron Clewell seconded the motion. The motion carried 3-0.

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

The Zoning Officer’s gave a summary of their monthly reports.

Correspondence:

A letter was received from the Eastern Monroe Public Library requesting to use the meeting room for their summer reading activities. Scott Schaller made a motion to allow the use of the meeting room for the Library summer programs. Ron Clewell seconded the motion. The motion carried 3-0.

A letter was received from Attorney Richard Deetz requesting on behalf of the Municipal Authority that the Supervisors consider an ordinance for the sale of sewage connection rights. It was noted that a work session will be held with Attorney Deetz to discuss the proposed ordinance.

The annual downstream notification of storage tanks and tank facilities owned by Pipeline Petroleum located at Route 402 and Route 6 was received from Storb Environmental Incorporated. No action was required.

A thank you letter was received from George Green expressing his appreciation to the Board for reopening Community Drive.

A letter was received from Virginia Manbeck declining appointment as chair of the township Open Space Advisory Board. Ms. Manbeck who was present gave her thoughts regarding the committee not being balanced as the three supervisors and two residents make up the committee. The Board took the matter under advisement and asked that Ms Manbeck forward suggestions for consideration.

Ms. Manbeck also informed the Board that the DCNR grant deadline is April 25, 2008. Both she and Laurel Bishow are going to go to Allentown for the grant training. They expect to resubmit a grant application for development of Echo Lake Park. She suggested that if there is anything further to be included in this round, we need to get working on it.

The Prosser Laboratories report for the November water quality survey was received. Areas where exceptions were noted on the previous report met standards on this report. A copy of the report will be forwarded to Damian DeGeorge.

Notice of refunds due to taxpayers for overpayment of real estate taxes due to incorrect building information was received from the Monroe County Board of Assessment Appeals. Scott Schaller made a motion to authorize a refund to Daniel and Joanne Culleny in the amount of $18.50 and to Rickey and Robin Kimble in the amount of $21.12 for the township portion of the refund. Bob Spano seconded the motion. The motion carried 3-0.

A letter was received from the Tunkhannock Township EAC requesting support of future County Open Space funding. It was noted that others have asked and the Supervisors position was unless a referendum were to be placed on the ballot, the Board would be against additional funding.

Attorney Dan Lyons approached the Board to explain correspondence received regarding an inter-municipal approval for a liquor license application for the Four Seasons Restaurant. He explained that new LCB rules allow the transfer of licenses and Four Seasons is applying to transfer a license from Coolbaugh Township to Middle Smithfield Township. They need to apply by March 8, 2008. The regulations require that a request to approve or disapprove the transfer be heard by the Board of Supervisors. He asked that the Supervisors hold a special meeting before March 7, 2008 as a public hearing must be advertised and a resolution passed to be included with the application. Ron Clewell questioned whether he would have a conflict as he has two children who work at Four Seasons. Attorney Wise advised that it was up to him and would be at his discretion.

Scott Schaller made a motion to direct the Solicitor to advertise a public hearing for a resolution to consider transfer of the liquor license to Marshalls Creek Food Market to be held on March 3, 2008 at 9:00 a.m. Ron Clewell seconded the motion. The motion carried 3-0. The secretary was directed to advertise a special meeting for any business for the date and time of the public hearing.

Notice of intent for a renewal of NPDES permit was received from HRG on behalf of their client Resorts USA, dba Bushkill Group, Inc. No action was required. A copy of the notice will be forwarded to the Township Engineer for his review.

Unfinished Business:

Bill Chappell from Pocono GIS gave the Supervisors an update on the 9-1-1 readdressing project. He reported that the field crews are pretty much done in the township. The next step is review by the County consultant, Kimble Associates. The documentation has been forwarded to the county consultant. They will be matching up the data collected with assessment records. Road addresses from Kimball will be forwarded to the Township indicating conflicts and no name roads that need to be named. These corrections will need to be made within 30 days of receipt. Pocono GIS will forward a copy of the data provided to Kimble for township records.

Plans:

Frank Smith presented a Minor Subdivision on behalf of the Hopkins Family Trust. He explained that the plan is a lot line adjustment conveying 12000 sq ft of equal area between the Family Trust and Pamela Hopkins. Scott Schaller made a motion to approve the minor subdivision plan. Bob Spano seconded the motion. The motion carried 3-0.

Solicitor’s Report:

Jennifer Wise gave an update on the EMS negotiations. She reported that the Supervisors met with the four providers in a work session and that the providers have undertaken to meet individually or groups to discuss billing agreements. Copies of the billing agreements will be provided to the township by March 3, 2008. The Supervisors will review documents provided at a public meeting thereafter.

Jennifer Wise presented an inter-municipal agreement with Lehman Township and summarized the agreement for maintenance of Community Drive. She advised that the Supervisors must advertise an ordinance to enter into the agreement and suggested that the hearing could be scheduled for March 13, 2008 at 6:00 p.m. Scott Schaller made a motion to authorize the Solicitor to advertise a public hearing for March 13, 2008 at 6:00 p.m. Bob Spano seconded the motion. The motion carried 3-0.

Jennifer Wise summarized and reviewed the Comprehensive Plan Update under consideration by the Board. She reported that public hearings have been held and a proposed resolution adopting the update has been prepared. Scott Schaller made a motion to adopt Resolution 2008-02-01 adopting the Comprehensive Plan Update of 2007 as presented. Ron Clewell seconded the motion. The motion carried 3-0.

The Secretary was directed to send thank you letters and certificates to anyone that served on the Comprehensive Plan Task Force over the three years that the process took.

A proposed ordinance to add Traditional Neighborhood Development regulations to the zoning ordinance is under consideration. Attorney Wise advised that the Supervisors need to pick a date for a public hearing. Scott Schaller made a motion to schedule the public hearing to consider the TND Ordinance for 6:00 p.m. on May 8, 2008. Bob Schaller seconded the motion. The motion carried 3-0.

Attorney Wise reported that the Supervisors have in the past adopted a resolution to appoint a CPA to replace the elected auditors in performing the audit of the township. She advised that a motion to authorize the advertisement would be needed for the 2008 audit. Ron Clewell made a motion to authorize the Solicitor to advertise the resolution for 9:00 a.m. on April 10, 2008. Scott Schaller seconded the motion. The motion carried 3-0.

Engineer’s Report:

Fred Courtright reported that the Toll Brothers as well as the Crystal Creek requests for release of bonding still need to remain tabled. He noted that correspondence was sent to legal council for Toll Brothers and the Board is awaiting a response from Attorney Brookmann.

New Business:

Ron Clewell made a motion to advertise for 2008 equipment rental and installation of fencing at the Resica Park for opening at the March 13, 2008 meeting. Scott Schaller seconded the motion. The motion carried 3-0.

An update to the township Emergency Operations Plan was presented. Scott Schaller made a motion to adopt Resolution 02-2008-02 adopting the plan update as presented. Ron Clewell seconded the motion. The motion carried 3-0.

Ron Clewell requested authority to acquire specifications for a new truck to be purchased under the piggyback program. Scott Schaller made a motion to authorize the Road Superintendent to get specifications for a new truck for snow plowing and cindering. Bob Spano seconded the motion. The motion carried 3-0.

Other public comment:

Noreen Lowris of Fox Hollow Estates approached the Board regarding the road problems in the development noting that the horrendous ice has rendered a public safety hazard in the development. It was her opinion that they could not get fire or ambulance in should there be an emergency. She requested that the Supervisors make a decision about the township’s responsibility for their road. Scott Schaller advised that the present Board is more receptive to their wishes however informed her that they will need a lawyer to prepare documents for dedication. If the owner of the roads is Werry’s Motel then they must approach them to have them have an attorney prepare the documents.

There being no further business, the meeting adjourned in regular order at 11:30 a.m. upon a motion by Scott Schaller, second by Bob Spano.

Respectfully submitted,

Sherry Predmore, Secretary

February 14, 2008