The regular meeting of the Middle Smithfield Township Board of Supervisors was held at 6:00 p.m., Thursday, March 13, 2008 at the Schoonover Municipal Center. Scott Schaller presided.

Members present: Scott R. Schaller, Ronald (Ron) Clewell and Robert (Bob) Spano Sr. Also present were Jennifer Wise, Fred Courtright, Sherry Predmore, Wayne Rohner, Deb Ogden and a number of township residents and interested parties.

Scott Schaller called to order a public hearing to take testimony on the conditional use application of Alan Glynn, formerly William Polizzotto. The application is for the relocation of a billboard required as a result of the bypass.

Jennifer Wise opened the record and explained the application to relocate a billboard. Attorney Wise described the billboard as an existing non-conforming off-premise sign being relocated due to the condemnation by PennDOT for the Marshalls Creek bypass. The property PIN No. 09732300681440. The request is pursuant to Section 200-65 Section A, Subsection 2A with the requirements in Subsections 1 through 5.

Attorney Prevoznik appeared on behalf of the petitioner. A stenographic record was taken by Donna Kenderdine.

Attorney Prevoznik advised that the sign will be relocated approximately 80 ft from the existing location with no expansion of the non-conformity. The sign is currently single-sided however historically it was double-sided. Attorney Prevoznik stated that Mrs. Polizzotto would testify as to the history of the sign.

Attorney Prevoznik called Maryann Polizzotto who testified that her current address is 21 Huckleberry Lane in East Stroudsburg, her residence since January 2008. Prior to January she lived at 573 Resica Falls Road, East Stroudsburg the subject property for 28 years. When she moved to the property there were approximately five billboards, the number of which was reduced down over the years to the one sign in question. The sign was two-sided until Frank Riccobono replaced it with a single sign approximately ten years ago.

Mrs. Polizzotto testified that Penn DOT took a part of property but allowed them to keep the sign. The have since sold the property to Mr. Glynn.

Attorney Prevoznik entered Applicant’s #1, the deed transferring the property and Applicant’s #2, the assignment of the application and rights and title to the sign to Mr. Glynn.

Attorney Prevoznik called William Griener, P.E. for Achterman Associates who testified that he was originally hired by Mr. Polizzotto to file the application for a conditional use for removal of the sign that is within an area condemned by Penn DOT. He described planned relocation at approximately 80 feet along Route 402 and about 5 foot off of the right of way. The existing sign is 8 feet by 16 feet and is located in an LDR zoning district. There is no planned increase in nonconformity.

Ed Kelly questioned if the sign is going to be a billboard sign or a lighted sign like you have at truck stops? Mr. Greiner advised that he did not have that information, however Attorney Prevoznik stated that Mr. Glynn will testify that is not going to be a lighted sign. Attorney Wise stated that a change of this nature cannot be done as it would be a change of the nonconformity.

Attorney Prevoznik entered Applicant’s #3, the right-of-way claim information from Penn DOT and #4, a map with a yellow area where the right-of-way is being expanded.

Mr. Alan Glynn was called and he testified that he had no intension of lighting the sign. He testified that he understood that the sign must be the same size as the existing sign and that he plans to remove existing sign within 6 months of issuance of permit. He also is requesting that the sign be two-sided as it was historically.

Scott Schaller stated that he would like to see the sign be two sided and Jennifer Wise stated that it was up to the discretion of the Board.

Oscar Woerlein questioned whether there would be a height difference with the new sign and what materials would be used. Mr. Glynn responded that there would be no height difference and that the sign would be just as is.

Al Decker questioned what would be advertised on the sign. Mr. Glynn responded that he didn’t know.

Following clarification of Planning Commission recommendations, Scott Schaller made a motion to allow the sign to be moved as a two sided sign to be constructed within a 6 month period. Bob Spano seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to close the hearing. Ron Clewell seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to open the public hearing for Ordinance 159, intermunicipal agreement for Community Drive. Ron Clewell seconded the motion. Jennifer Wise gave the history of discussions with Lehman Township Supervisors regarding reopening Community Drive. As part of the decision to reopen Community Drive, both Boards of Supervisors determined that they would enter into an intermunicipal agreement for joint maintenance of the road by Lehman and Middle Smithfield Township. Attorney Wise described the agreement noting that it would run for a 10 year term. Middle Smithfield Township maintains ownership of the road. Lehman Township will be responsible for trees, shrub, brush, debris removal, street sweeping as well as snow removal and deicing. The townships will share equally in the cost of normal maintenance and repairs which would include potholes, shoulder repair, and signage. Middle Smithfield Township is solely responsible for any major resurfacing with Lehman Township reserving the option of contributing to those significant repairs. Lehman Township has reviewed the agreement and has accepted it by Ordinance this week. Attorney Wise stated for the record that the Middle Smithfield Township Board of Supervisors having that agreement in hand, must now accept the Ordinance No. 159 which is entitled An Ordinance of the Township of Middle Smithfield, Monroe County, Pennsylvania, Setting Forth an Amendment to the Code of the Township of Middle Smithfield by adding Chapter 30, Intermunicipal Agreement, Article 4, Intermunicipal Agreement for Joint Maintenance of Community Drive, Middle Smithfield Township and Lehman Township, Part 1, Administrative Legislation of the Township Code.

Al Decker questioned if the Board entered into the agreement, what happens if they want to use the road as a bargaining point later on? Attorney Wise responded that it would depend on negotiations with Lehman Township and whether they were willing to modify the agreement.

Ed Kelly asked that the road be described. Attorney Wise related that the road had a 33 ft right of way. Ron Clewell stated that it is an old road and pavement varies from18 to 20 ft down to approximately 12 ft in a certain section. There was also discussion relating to possible improvements to the road.

Following all discussion, Scott Schaller made a motion to adopt Ordinance 159. Bob Spano seconded the motion. The motion carried 3-0.

Scott Schaller made a motion to close the hearing. Bob Spano seconded the motion. The motion carried 3-0. The hearing closed at 6:33 p.m.

Scott Schaller made a motion to approve the minutes of the previous meetings held February 14, March 3 and March 6, 2008. Ron Clewell seconded motion. The motion carried 3-0.

Scott Schaller made a motion to authorize payment of the listed payables. Bob Spano seconded the motion. The motion carried 3-0.

The two zoning officer’s reports were summarized and accepted.

Correspondence and bids:

The secretary opened and read bids for 2008 equipment rentals. A copy of the bid results is attached and made a part of these minutes. Scott Schaller made a motion to table action on the bids until the April meeting to allow time to review the results. Ron Clewell seconded the motion. The motion carried 3-0.

Scott Schaller announced that the Board was going to jump down to the EMS portion of the agenda and would take a five minute recess asking that all parties proceed to the head table to discuss where they are at with this matter. Recess was called at 6:55 p.m. The status of the billing agreements was ascertained. The providers adjourned to another room to attempt to bring the differences to a conclusion and the Supervisors went back on record.

A letter was received from Monroe County Adopt-a Highway giving notice of the 2008 Great Pennsylvania Cleanup program is scheduled for Saturday, April 19, 2008.

A letter was received from Representative John Siptroth questioning the status of a fire damaged structure. It was noted that the structure has been removed.

A letter was received from Robert J. Felker offering to donate a lot in Stoney Hollow Village to the township. The Secretary was directed to send a letter to Mr. Felker advising that the Board is not interested in the property.

A letter was received from Monroe County Planning Commission giving notice of a municipal workshop on rain barrels scheduled for April 2, 2008. Joyce Fenical volunteered to attend. Scott Schaller made a motion to authorize Joyce Fenical to represent the township at the rain barrel workshop. Ron Clewell seconded the motion. The motion carried 3-0.

A letter was received from PSATS summarizing special insurance programs available for participating townships.

A letter from Monroe County Crime Stoppers was discussed. The secretary was directed to forward a letter expressing regrets that a donation is not possible at this time.

Notice from Monroe County Planning Commission was received that the Monroe County Commissioners adopted a motion expressing the County’s intention to issue debt in 2008 in an estimated principal amount of $4 million to the Open Space Program. Gary Summers recommended that the Supervisors send letter to the Commissioners objecting to the debt issue. Scott Schaller made a motion to send a letter to the Open Space Coordinator expressing the Boards displeasure with the County decision to enter into this debt without going through a referendum. Ron Clewell seconded the motion. The motion carried 3-0.

Letters were received from the United States Board on Geographic Names giving notice that the Board has received three proposals to change names considered by some to be derogatory. The names associated with Sambo Creek are to be changed to Lower Dam Reservoir Run, Reservoir Run and Reservoir Run Lower Reservoir. Notice was also received that Sambo Island will be changed to Turtle Island. The Board asked for the township’s opinion on the name changes. Ron Clewell made a motion to approve the name changes. Scott Schaller seconded the motion. The motion carried 3-0.

Ron Clewell questioned waiting until April 10^th to make a decision on the equipment rental bids. Scott Schaller made a motion rescinding his previous motion and scheduling a special meeting to make a determination for equipment rental bids and any other business at 9:00 a.m. on March 26, 2008. Ron Clewell seconded the motion. The motion carried 3-0.

The secretary opened and read bids received for installation of fencing for the little league field at Resica Park. The following bids were received:

Pro Max Fence systems: $22,439.00

Abel Fence LLC: $25,978.00

Rutkoski Fencing: $25,495.00

Swida Fence: $19,255.00

Collinson: $30,470.00

Amity Fence Co.: $22,500.00

Keystone Fence: $23,800.00

Following review of the bids, Scott Schaller made a motion to award the contract to Swida Fence of Wilkes-Barre, PA at $19,255.00. Ron Clewell seconded the motion. The motion carried 3-0.

Solicitor’s Report:

Attorney Wise reported that the Supervisors have received an ordinance on behalf of the Municipal Authority for the proposed sale of connection rights and that at a recent joint meeting the Supervisors have agreed to the terms of the Ordinance. A date needs to be set for the public hearing and possible adoption of the Ordinance. Scott Schaller made a motion to advertise for the adoption of proposed Ordinance 161 for the May 8, 2008 regular Supervisors meeting. Bob Spano seconded the motion. The motion carried 3-0.

Attorney Wise summarized events of March 6, 2008 where it was reported to the Supervisors that three individuals had fallen into Lake Monroe and rescue workers were blocked by the stone pile on Tego Lake Road. She recommended a motion to file a petition with the Court for relief to have the pile removed. Scott Schaller made a motion to authorize the Solicitor to file to get court order to have the dirt pile removed due to the health, safety and welfare of the community. Bob Spano seconded the motion. Mr. Schaller and Mr. Spano voted in favor. Mr. Clewell voted no stating that he did vote in favor of the action on the Winona gate that was not shown on the plans he feels that this is a different as he feels this is association matters. The motion carried 2-1.

Attorney Wise summarized the litigation with LTS with regard to Knoll 1, Knoll 2, Dancing Ridge and Water Gap Preserve. Attorney Mark Wolfe explained the history and described the settlement agreement as it relates to the Municipal Authority portion of the agreement. He described the dry line proposed for Huckleberry and Cedar Court in conjunction with Water Gap Preserve and extending an easement to Winona One if the Authority desires. The dry line does not trigger mandatory ordinance provisions for connection. It was noted that LTS is proposing to transfer ownership of the lines to the Authority and the roads to the township. It the Supervisors approve the settlement agreement the litigation will end. The agreement will go to the Authority on the 19^th to be ratified by them.

Deeds and resolution for acceptance for the roads in Knoll 1 were described.

Scott Schaller made a motion to approve the LTS settlement agreement and accept the deed of dedication and accompanying resolution and maps for the roads in Knoll 1, namely Knoll Drive, Thornberry Court and Timbercrest Lane. Bob Spano seconded the motion. Ron Clewell questioned whether the motion was only for Knoll 1 roads. He stated for the record that he is against taking roads over, but upon the advice of the Township Solicitor he would vote yes on the motion. The motion carried 3-0.

Donna Hamilton asked for an update on the CCP negotiations. Attorney Wise advised that it appears that we are honing in on final specifics to resolve the big picture issues but the language restrictions is taking a few days.

Engineer’s report:

Fred Courtright reported that in light of Jennifer Wise’s comments, the Toll Brothers request for release of escrow should remain status quo. The Crystal Creek subdivision has had no further work completed. He will continue to monitor.

A request was received from Frank Riccobono asking to release the letter of credit for the Day Care facility. Mr. Courtright reported that he had inspected the project and all required improvements on the list have been done. He recommended release of the $155,320.55 letter of credit. Scott Schaller made a motion to release the letter of credit for the Frank Riccobono Day Care. Ron Clewell seconded the motion. The motion carried 3-0.

Fred Courtright also reported having been contacted by representatives of CVS and Friendly’s regarding construction issues to be addressed. He reported that lighting has been placed directly above the water main. This issue along with drainage problems on site work on Route 209 is being worked on and correction is in process.

Mr. Courtright also reported that in anticipation of the settlement agreement with LTS he had opportunity to meet with Bill Hopkins and Chris Borger. LTS is proceeding to schedule to move to construction for Water Gap Preserve. They discussed the work on Cedar Court and how that would need to be done. They anticipate that by end of May we should be able to see construction.

Mr. Courtright gave an update on correspondence recently received from Newton Engineering noting that Middle Smithfield Elementary School is close to getting a Penn DOT permit. He has advised Mr. Shearouse that as per Penn DOT procedure the Township will be asked to sign the signal plan and it has been policy that prior to signing the plan we will need an agreement for maintenance. The school board will be picking up any costs associated with the signal and there would be no expense to the Township.

It was noted that an application for reimbursement of 75% of the cost associated with preparation of the Act 167 Ordinance will be filed with DEP. Mr. Courtright will generate a separate invoice for the project and forward it to the Secretary to accompany the application.

Scott Schaller noted that there is a vacancy on the Park and Recreation Board for the three year term. Scott Schaller made a motion to appoint Joyce Fenical to fill the vacancy. Bob Spano seconded the motion. The motion carried 3-0.

Scott Schaller also reported that the Board has done research and the Open Space Advisory Board could be something that the Parks and Recreation Board could also oversee. Scott Schaller made a motion to add Open Space Advisory Board to the duties of the Parks and Recreation Board. Ron Clewell seconded the motion. The motion carried 3-0.

Scott Schaller announced that on Saturday the township will be holding an Easter Egg Hunt. He noted that there will be 5000 eggs, numerous prizes and that every child will receive a prize. He read a list of the contributors advising that $1,345 in donations have been received with $1,400 in expenses.

Rich Kawski questioned the trailer on the Toll Brothers property that appears to be a billboard and questioned whether it is permitted. Both zoning officer’s advised that it meets the terms of the ordinance.

Jennifer Wise commended the providers of EMS, the Control Center and the EMS Council that have worked to bring the Memorandum of Understanding to fruition. Attorney Wise summarized that the memorandum designates first due advance life support, and basic life support providers and next available supporting providers as needed. The for EMS providers for the township will be Bushkill Emergency Corps Inc, Suburban Emergency Medical Services, Marshalls Creek Fire Department and Med Mobile EMS LLC. She reported that there will also be billing agreements between each of the providers that have never before been provided in the municipality between all of the providers. Attorney Wise commended the organizations for having recognized that providing best possible efficient care is their primary goal.

John Kloss also thanked all involved noting that the outcome is tremendous. There will be an increased level of service with the addition of Marshalls Creek Fire Company BLS which will increase in performance. They have also agreed to work with the township officials and provide them with reports which will gain an understanding of needs. The six month trial will also involve the 9-1-1 center which will ultimately be a win win situation.

Gary Hoffman anticipated an April 1, 2008 start date. Copies of the billing agreements will be provided to the Township by next Tuesday afternoon.

Scott Schaller made a motion to approve the memorandum of understanding with Bushkill Emergency Corps, Suburban Emergency Medical Services, Marshalls Creek Fire Company and Med Mobile EMS LLC. Ron Clewell seconded the motion. The motion carried 3-0.

Scott Schaller thanked everyone that was involved in bringing the agreement to completion.

Ed Kelly thanked the EMS providers for their service to the community and township road crew for the excellent job done on the roads in the winter season.

New Business:

The Board authorized the purchase signs for the Judy Putek Municipal Park and for the Little League field dedication.

Public comments:

Joe Benoit and Peggy Ferron of Oak Grove Dr approached the Board regarding the former John Michaels property. They stated that the new owners have increased the non-conforming use and are constantly banging and operating machinery. Mr. Benoit questioned the 1986 issuance of a non conforming use permit to Mr. Michaels since he purchased the property in 1977 in his opinion after the enactment of zoning. There was general discussion regarding the matter. No action was taken. Wayne Rohner will investigate.

There being no further business, the meeting adjourned in regular order at 8:55 p.m.

Respectfully submitted,

Sherry Predmore, Secretary

March 13, 2008