The regular meeting of the Middle Smithfield Township Board of Supervisors was held at 6:00 p.m., Thursday, June 12, 2008 at the Schoonover Municipal Center. Scott R. Schaller presided.

Members present: Scott R. Schaller, Ronald (Ron) Clewell and Robert F. (Bob) Spano Sr. Also present were Jennifer Ann Wise, R. Douglas Olmstead, Deb Ogden, Wayne Rohner, Sherry Predmore and numerous township residents.

Scott Schaller called to order a public hearing to consider comments on proposed Ordinance 161. Evilys Brathwaite took a stenographic record. Attorney Wise summarized the ordinance noting that the ordinance creates Chapter 146 of the Code of the Township authorizing the execution of a Cable Franchise Agreement between Middle Smithfield Township and Blue Ridge Communications providing for the grant of a cable franchise agreement which shall authorize compensation to the Township; set forth the system construction, operation and maintenance requirements; set forth the system specifications and state-of-the-art requirements; establish customer service standards; establish services to be provided to the community; the right of the Township to regulate the franchise agreement via inspections and compliance reviews; establish reporting requirements; establish franchise violations, damages and revocation; establish programming, liability and indemnification; franchise transfer and renewal and other miscellaneous provisions. The public hearing was advertised in the Pocono Record on May 23 and May 30, 2008 and acknowledgement letters were received from review agencies. Attorney Wise read highlights of agreement from Attorney Cohen noting that the agreement has a term of 8 years and requires submittal of a quarterly franchise fee report. Attorney Wise explained the franchise fee revenue noting that the agreement includes that a 5% fee to be imposed to be paid to the Township on a quarterly basis with an effective date of July 1, 2008.

Judy Summers read prepared comments on the proposed ordinance. She questioned the revenue from the franchise fee that will go to Middle Smithfield Township to be used to fulfill township’s obligation for the health and welfare of all township residents but the fee does not apply to all as it does not apply to satellite providers or those who have a regular antenna. She stated her opinion that the Supervisors are setting up a discriminatory protected class of residents by imposing a tax increase on only a portion of its residents and not all will pay. She expressed her calculations of percentages of “tax” increase for cable subscribers noting that satellite subscribers are slipping under the radar. She urged the Supervisors to think of the implications of the franchise fee and suggested that an across the board tax is the only fair way and equitable way to deal with doing business at the township level.

Carl Link expressed his opinion that this franchise fee is the worst kind of tax increase asking why only cable users would be affected by this “tax”. He stated that he can’t understand why the Township Supervisors would be advocating such an unfair tax.

Anthony Valentino stated that the franchise fee is 100% unfair and as soon as Verizon Fios comes to the township everyone will switch to Verizon and the township and the cable company will lose revenue.

Judy Summers again spoke against the franchise fee being undemocratic noting that the Board is politically motivated and should consider addressing the millage.

Scott Schaller responded that the law allows for the franchise fee. He noted that throughout life things are not always fair, people that use more gas pay more tax, and people that smoke pay more tax. He stated that it is endless. Mr. Schaller stated that the Township needs revenue and nobody has been hiding this ordinance. The Board has been working on this topic for a year or better. It has been brought to public meetings and will bring from $230,000 to $250,000 in revenues. He also stated that the Board will also probably need to address millage within the next year or two.

Donna Hamilton echoed the sentiments of previous speakers expressing her opinion that this issue is not about fairness or tough luck. She stated that it is whether it is just and equitable as the tax is only being paid by a few. She suggested that the Supervisors address the millage issue first.

Pat Cusmano questioned satellite interference and previous cable agreements between Blue Ridge and the Township. Attorney Wise clarified the former agreement noting that the agreement did not impose a franchise fee and summarized the laws that govern franchise requirements.

Bob Pullmann questioned customer complaint procedures. Attorney Wise described that portion of the franchise agreement.

Oscar Worlein commented on the cable versus satellite controversy noting that the cost associated with satellite depends on the package provided.

Al Decker spoke in opposition to the Ordinance.

Attorney Wise noted for the record that the Township held a public hearing on August 28, 2007 on the subject of the cable franchise renewal including the review of the cable operators past performance and identifying the Township’s future cable related community needs

Following testimony, Scott Schaller made a motion to adopt Ordinance161 as advertised including the 5% franchise fee. There was no second. Motion died due to lack of a second.

Ron Clewell made a motion to approve Ordinance 161 with a modification to the agreement to remove the cable franchise fee. Bob Spano seconded the motion. Ron Clewell and Bob Spano voted in favor. Scott Schaller opposed. Motion carried 2-1.

Scott Schaller made a motion to close the hearing at 6:55 p.m. Ron Clewell seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to approve the minutes of the previous meeting held May 8, 2008. Bob Spano seconded the motion. The motion carried 3-0.

The Board then proceeded with the remaining regular business meeting.

Scott Schaller made a motion to authorize payment of the bills as listed. Ron Clewell seconded the motion. The motion carried 3-0.

Wayne Rohner summarized joint zoning officer’s report for the previous month.

Correspondence:

Notice of tax refunds due to John and Mary Ann Fisher in the amount of $44.82 and Richard and Janis Gommel in the amount of $290.64 were received from the Monroe County Assessment Office. Scott Schaller made a motion to authorize payment of the refunds. Bob Spano seconded the motion. The motion carried 3-0.

A petition was received from residents of Creek Estates asking that the access to Crystal Creek be closed. Doug Olmstead advised that he had researched background information and reported that the roads in Creek Estates are township roads. He explained the access to Crystal Creek is owned by the developer. The request would not be possible because the road provides access to Crystal Creek and the road must remain open. Mr. Olmstead will respond to the petitioners.

Receipt of the Marshalls Creek Fire Company’s financial statement was acknowledged.

A request was received from the Park and Recreation Board asking that a dedication be scheduled for the Judy Putek Municipal Park. Scott Schaller made a motion to schedule the dedication for 5:00 p.m. on July 24, 2008. Ron Clewell seconded the motion. The motion carried 3-0.

Costs were received from Barry Isett & Associates and Frank Smith for topographic mapping for the Judy Putek Memorial Municipal Park Master Site Plan. Doug Olmstead advised that the mapping would not be necessary at this point in time but will be necessary if the Supervisors proceed with implementation of the master plan. Mr. Olmstead suggested that the Park Board look for additional grant opportunities to fund this extra cost. Scott Schaller made a motion to table action on the proposals. Ron Clewell seconded the motion. The motion carried 3-0.

A letter was received from Monroe County Control Center giving notice of a new radio channel that has been installed that can be utilized by various township road departments to communicate between township road crews for mutual aid purposes. The former low band highway maintenance system has been taken out of service. Most of the newer equipment being used by public safety providers is compatible. Townships were directed to check with radio vendors to confirm whether or not equipment is narrowband/wideband capable. Bob Spano made a motion to forward the information to the township Emergency Management Director to research and find funding sources should additional radios be necessary. Scott Schaller seconded the motion. The motion carried 3-0.

Notice was received from Penn DOT advising that the township will be receiving a reimbursement of $7,794.52 in addition to the amount paid under the winter services contract with the Department as a result of a severe winter adjustment for the 2007/2008 winter season.

A thank you letter was read from Joseph DeForrest and Barry Fields expressing their appreciation for repairs on Timothy Lake Road.

A letter was received from the Knoll Acres at Wooddale Section 2 Community Association. The letter addressed possible zoning violations on an adjoining property identified at the Fish property at 1 Adams Drive. Deb Ogden reported having investigated the complaint and found that the use mentioned as having farm animals was grandfathered as Mr. Fish has had farm animals prior to the zoning ordinance. There is no lumbering going on as the lumber was given to the owner. An e-mail response was sent to the community manager.

A letter was received from David Squires. Mr. Squires is requesting a waiver of zoning permit fees to reconstruct his home that was destroyed by fire in January 2008. Scott Schaller made a motion to waive the zoning fees for Mr. Squires as requested. Ron Clewell seconded the motion. Attorney Wise suggested that the Board consider adopting a resolution to set future policy with regard to such waivers. The solicitor was directed to prepare a resolution for consideration at the next meeting. The motion to waive the fees for Mr. Squires passed 3-0.

Plans:

Frank Smith presented a minor subdivision plan on behalf of Cradle of Liberty Council Boy Scouts of America and explained that the three lot subdivision includes parcels to be conveyed to Middle Smithfield Township for Open Space. Doug Olmstead advised that the three parcels are isolated from the main parcel. He reported that a hit was found under the PNDI (Pennsylvania Natural Diversity Inventory) search for a type of grass. Mr. Olmstead explained the purpose of the subdivision and that advised that no development is being considered at this point in time and therefore the township will not be doing further study. Mr. Olmstead also advised that all comments have been addressed and approval was recommended by the Township Planning Commission. Scott Schaller made a motion to approve the subdivision plan for Cradle of Liberty. Bob Spano seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to proceed to settlement on the Cradle of Liberty properties on July 23, 2008 at 10:00 a.m. Ron Clewell seconded the motion. The motion carried 3-0.

Solicitor’s Report:

Jennifer Wise reported having reviewed the Bushkill Emergency Corps lease with the township for a bay in the garage building noting that it is a one year lease for $1 but the Township has received $9 in advance on the lease. She recommended that the Board should either execute a nine year lease or return the $9 and collect the amount annually. The second issue is a proposed rental increase for the bay. Bob Spano advised that he had has conversations with Ray Felmly who stated that the building was dedicated to the Bushkill Emergency Corps. Mr. Spano stated that until more information is found on the dedication issue he feels that the Board should table the matter. Attorney Wise advised that the Board needs to correct the matter of the advance lease money.

Ray Felmly, Captain of Bushkill Emergency Corps questioned the amount of the proposed rent increase. Jennifer Wise explained that the Corps is a hold over tenant and explained that should the Board chose to raise the rent they would need to give advance written notice to advise the Corps of the proposed increase.

Ron Clewell made a motion to return the excess rent in the amount of $9.00 to Bushkill Emergency Corps. Scott Schaller seconded the motion. The motion carried 3-0.

There was general discussion regarding release of donations to EMS providers. The Secretary advised that a request has been sent to the four EMS providers requesting financial statements per the Memorandum of Understanding.

Representatives of property owners on Tego Lake Road approached the Board and requested that discussion on the matter be tabled as their Attorney was unable to attend due to a family emergency. They also requested that when the matter is rescheduled that it be a private meeting with the Board. Scott Schaller made a motion to table discussion of Tego Lake Road. Ron Clewell seconded the motion. The motion carried 3-0.

Attorney Wise advised that the Board needs to schedule a public hearing for a Burning Ordinance and a Recycling Ordinance. Scott Schaller made a motion to schedule the hearings for August 14, 2008 at 6:00 p.m. Ron Clewell seconded the motion. The motion carried 3-0.

Public hearings also need to be scheduled for a Traditional Neighborhood Ordinance and an ordinance amending the Senior Housing Ordinance. Scott Schaller made a motion to schedule the public hearings for 6:00 p.m. on September 11, 2008. Ron Clewell seconded the motion. The motion carried 3-0.

The Evergreen Phase 1 Road Dedication and Ordinance 160 remained tabled. Doug Olmstead reported that he received all documents for Evergreen Estates roads yesterday. He will review the documents and will provide copies to the Solicitor. The matter will be placed on next month’s agenda.

Regarding the Crystal Creek Estates request for escrow release Attorney Wise reported having received no response to inquiries to Attorney Anders regarding the status of the development to finalize the improvements in the development. She advised that the Supervisors can call the letter of credit and explained the process involved. Following the Solicitor’s report, Scott Schaller made a motion to authorize the Solicitor and Engineer to proceed with calling the letter of credit for Crystal Creek Estates Subdivision. Bob Spano seconded the motion. The motion carried 3-0.

Engineer’s report:

Doug Olmstead reported having received the NPDES permit, the highway occupancy permit, a letter from the Municipal Authority noting that all their concerns were addressed for the Middle Smithfield Elementary School plans. The only issue remaining to be addressed is a waiver of bonding requirements. PennDOT has not waived their requirement for bonding for the highway improvements. Even if the Supervisors waive the Township requirements, the highway improvements will be bonded as it is required on the occupancy permit. The traffic signal agreements are ready for signatures. Scott Schaller made a motion to grant the modification not to require a letter of credit to cover the improvements for the East Stroudsburg School District. Bob Spano seconded the motion. The motion carried 3-0.

Mr. Olmstead reported having met with representatives of Water Gap Preserve who gave an update on the bonding issue for the development. They reported that they fully expect either a bond or a letter of credit to be delivered next week. After the bond is received the Supervisors could sign the plan. Construction is proceeding with blasting of the entrance road.

Big Ridge Developers and Toll Brothers request for escrow release remain tabled pending completion of the settlement discussion. There was general discussion regarding the matter. It was reported that additional information has been provided to Attorney Cleary. Mr. Olmstead reported that progress has been made.

Maureen McGrath made a statement that people who purchased from Rank were hurt more than those who purchased from Toll Brothers in Country Club of the Poconos. She stated her opinion that the problems that are now being discussed are the result of workshop meetings with the former board, the developer and consultants and she implied that corruption, bribery, and greed were involved.

Larry Dymond expressed his views regarding the past 20 years with regard to Country Club of the Poconos. He advised that he has interviewed lawyers on township, state and federal laws which he believes have been violated. He urged the Board to take legal action the see that those involved are prosecuted and the people compensated as somebody needs to be held accountable. Attorney Wise advised that the Supervisors do not have jurisdiction over any alleged criminal activities. Scott Schaller advised that the Solicitor and Engineer are thoroughly reviewing the matter to look and find whatever can be done to fix it.

Maureen McGrath questioned Municipalities Planning Code, Zoning and SALDO violations in the Toll section of Country Club of the Poconos. She stated that there should not be any deeds recorded in that section if such violations exist. Jennifer Wise advised that Attorney Cleary was consulted on this matter and she said no.

There was also discussion on tax assessment in Country Club of the Poconos. Attorney Wise explained the assessment process.

Doug Olmstead reported that the as built plans for the Friendly’s has been received however he still needs additional information.

A request for release of the performance guarantee for the FNCB bank site has been received. Mr. Olmstead will send a response letter next week. He will also send a letter to CVS advising that the township will need as built plans for the site.

Doug Olmstead advised that he had completed a site inspection of Knoll Acres 2 for road dedication and is in the process of preparing comments to be forwarded to the developer.

Mr. Olmstead reported that a request to dedicate Adams Drive has been received and is being addressed.

Doug Olmstead reported having received a copy of a minor subdivision located primarily in Smithfield Township. Four acres of the fifteen acres of the property lies in Middle Smithfield Township. Smithfield Township intends to purchase the subdivided lot for open space. No action is required by Middle Smithfield Township.

Doug Olmstead reported having attended the County Road Task Force meeting held June 5, 2008. He advised that the Penn DOT transportation improvement plan is expected to be published for comments in 6 to 8 weeks.

Ron Clewell reported having reviewed the FOB blacktop and stone bids received at the May 8, 2008 meeting. Mr. Clewell recommended awarding the blacktop to Hanson Aggregates and 209 Enterprises for stone based on the costs of pick up and the distance to the quarries. Scott Schaller made a motion to award the contract for blacktop FOB to Hanson Aggregates and stone to 209 Enterprises. Ron Clewell seconded the motion. The motion carried 3-0.

The Board announced that a rain barrel seminar has been scheduled to be held at the Municipal Building at 7:00 p.m. on July 8, 2008.

The secretary read the intended donations budgeted for the three fire companies serving the township namely $69,463 to Marshalls Creek Fire Co., $16,209 to Shawnee Fire Co. and $30,101 to Bushkill Fire Co. Scott Schaller made a motion to authorize the budgeted distribution to the fire companies. Bob Spano seconded the motion. The motion carried 3-0.

A resident of Winona Lakes questioned the Board as to why the township is not spraying for gypsy moth. The Board responded and tried to explain that the cost to spray the entire township was in excess of $2,000,000 and would have been at a diluted strength if sprayed with municipal funds. The Board also enumerated other methods with which to attack the problem by home owners.

There being no further business, the meeting adjourned in regular order at 9:25 p.m.

Respectfully submitted,

Sherry Predmore, Secretary

June 12, 2008