The regular meeting of the Middle Smithfield Township Board
of Supervisors was held at
Members present: Scott R. Schaller, Ronald (Ron) Clewell and Robert F. (Bob) Spano, Sr. Also present were Jennifer Wise, Doug Olmstead, Wayne Rohner, Deb Ogden, Sherry Predmore and a number of township residents.
Mr. Schaller called to order a public hearing as advertised to hear testimony relative to proposed Ordinance 160. Donna Kenderdine took a stenographic record.
Attorney Wise summarized the ordinance stating that the ordinance amends Chapter 148, entitled “Sewers” by adding a new Article II entitled “Sale of Connection Rights” providing for and regulating the sale of connection rights to the sewage collection system owned and operated by the Middle Smithfield Township Municipal Authority. The ordinance defines connection permit and computation of equivalent dwelling unit, provides that all connection permits be site specific, requires a development approved sewer plan; requires inspection of sewage line installation and submission of as-built plans and specifications, establishes a time period for the implementation of physical connections, grants an option to the authority to reacquire connection permits not timely implemented subject to partial reimbursement of connection fees and sets general procedures for priority for purchase of connection permits.
Richard Deetz testified on behalf of the Middle Smithfield Township Municipal Authority and gave the history and background of the proposed ordinance, stating that it is the strong opinion of the Authority that the remaining capacity should be on a first come first serve basis with a use it or lose it concept and the Authority having the ability to rescind connection permits if necessary.
Other items contained in the Ordinance that are of importance is that it addresses the requirement for as built plans, payment of a deposit to secure presentation of the plans and also requires inspections.
Attorney Deetz advised that the idea of the Ordinance was to strengthen the enforcement of the existing resolution that has been in place. He requested that the Supervisors take public comment and then table action on the Ordinance to allow the comments to be addressed.
Doug Olmstead summarized his review of the Ordinance and stated his concerns with time limitations and possible rescinding of connection permits. He suggested that the Authority might revisit reservation agreements.
Attorney Deetz noted that the Municipal Authority is aggressively searching for alternatives and again asked the Supervisors to table action on the Ordinance in order to take comments into consideration.
Scott Schaller made a motion to table action on the Ordinance. Bob Spano seconded the motion. The motion carried 3-0.
Ron Clewell made a motion to close the public hearing. Bob Spano seconded the motion. The hearing
was closed at
The Board then moved on to regular business:
Scott Schaller made a motion to approve the minutes of the
previous meeting held
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.
Deb Ogden summarized the combined Zoning Officers’ report. Wayne Rohner summarized his site investigation of the Hendricks/ Wynott property in response to the allegation of zoning violations and installation of an illegal septic system. He reported that the owners are working on getting a floor plan together to submit to Codes officials.
Correspondence and Bids:
The secretary opened and read bids received for the 2008 Local Roads project as advertises. The following bids were received:
Hanson Aggregates,
Locust Ridge Quarry,
Pennsy Supply (Slusser Brothers), West
Scott Schaller made a motion to award the Local Roads blacktop contract to the low bidder Hanson Aggregates. Ron Clewell seconded the motion. The motion carried 3-0.
The Secretary opened and read bids received for blacktop FOB. The following bids were received: ID2- top ID2A-binder
Locust Ridge Quarry - $49.03 fob $40.40 fob
$58.78 delivered $50.15 delivered
Delivery $75/hr-hauling only portal to portal
Hanson Aggregates $49.00 fob $42.25 fob
The secretary opened and read bids received for stone, FOB. The following bids were received:
#2-A #3 #R4
Hanson Aggregates - $6.00 fob $8.50 fob $14.00 fob
$10.75 del. $13.25 del. $19.00
del. to twp. Bldg
Eureka Stone $6.20 fob $9.25
fob $14.00 fob
$10.20
del. $13.25
#2A #3 #R4
209 Enterprises $6.47 fob $7.97 fob $9.25 fob
$10.12 del. $11.62 del $12.90
del to job site
Keystone Quarry $6.00 fob $8.75 fob $13.00 fob
$13.75
del. $16.50 del. $20.75
Scott Schaller made a motion to table action on both FOB blacktop and stone for review. Ron Clewell seconded the motion. The motion carried 3-0.
A thank you letter from Thomas F. Bonser was read. Mr. Bonser expressed his gratitude for the
honor of having the Little League field at
A copy of a letter from the Monroe County Commissioners to Governor Rendell expressing their extreme disappointment over the recent decision by Penn DOT to stop or downsize the Marshalls Creek Bypass was received. The Commissioners implored the Governor to seek a solution which allows the last phase of this important project to be completed.
A notice letter was received from John Donahue of the National Park Service advising the Supervisors that the Park Service will soon be participating in a pilot safety study. The purpose of the study is to analyze road safety in the park and identify potential solutions to reduce traffic accidents.
Receipt of reimbursement from PaDEP for costs associated with the Act 537 special study was acknowledged. Scott Schaller made a motion to authorize a refund to the Middle Smithfield Township Municipal Authority in the amount of the reimbursement, $139,397.31. Ron Clewell seconded the motion. The motion carried 3-0.
A thank you letter was received from John Sherrock, thanking
the Board for allowing the AARP 2008 tax assistance program to be held at the
A letter was received from Pocono Arts Council announcing the award of a Local Government Program grant along with a request for the annual donation to the Council. Ron Clewell made a motion to authorize the $350 donation to the Pocono Arts Council. Scott Schaller seconded the motion. The motion carried 3-0.
A notice from PEMA was received reminding municipalities and citizens to clear debris to prevent summer flooding. The notice suggested that municipalities perform pre-flood season inspections and remove debris around local bridges, culverts and storm drains, clear trees and brush debris from inlets to help water flow and reduce potential flooding.
A copy of a resolution adopted by
Unfinished Business:
Solicitor’s report:
Jennifer Wise reported having received a request for road
dedication for
Attorney Wise advised that the proposed Blue Ridge Cable
Franchise Agreement has been received and the Board is now ready to set a date
for a public hearing for the accompanying proposed Ordinance 161 which would
adopt the agreement. Scott Schaller made a motion to schedule the public hearing
for Ordinance 161 for
Jennifer Wise in an effort to expand on Wayne Rohner’s
presentation regarding the Hendricks Wynott situation gave a detailed summary
of the complaint that was received at the last meeting stating that the
property had an illegal septic installation, bathrooms that had been installed
and that the footprint was expanded all without permits. She reported that she had sent a request to
Wayne Rohner to look into the situation.
Both Wayne Rohner and Damian DeGeorge, Sewage Enforcement Officer has
been on the property. Attorney Wise reported that it is her understanding that
the footprint has not changed. There is no illegal septic system as an application
was received and a permit issued in June 2007.
The work began on the septic system on
Jennifer Wise reported that an inquiry was sent to Attorney
Anders requesting an anticipated completion date for
Attorney Wise verbally responded to a written inquiry from
Judy Summers regarding the Toll Brothers proposed settlement agreement. Attorney Wise stated that as of
Ms. Summers’ second question was whether a public hearing is planned prior to township approval of the agreement. Attorney Wise responded that the intent was not to hold a formal public hearing on the agreement but rather to have public review at an advertised meeting with a public presentation by Attorney Cleary on behalf of the township.
Attorney Wise also responded to questions regarding the advisory committee by stating that all aspects of the agreement will be covered in the presentation.
When asked where the meeting will be publicized, Attorney Wise responded that it would be advertised in Pocono Record
Engineer’s report:
Doug Olmstead reported that the Toll Brothers request for
release of escrow is still under review as well as the
Mr. Olmstead gave an update on the Middle Smithfield Elementary School Land Development Plan noting that a plan was received today locating the existing sewer easements. The Engineer’s and Traffic plans can now be coordinated so that the proper location is on both plans, the plans can be signed when completed and they can begin construction.
Mr. Olmstead reported having reviewed the Water Gap Preserve plans and having sent comments to the developer. Based on the response received he related that from an engineering standpoint all the plans are in order as is the amount set aside for bonding of improvements. He recommended a reaffirmation of the final approval of the plans and that the plans could be signed.
Jennifer Wise reported that she has reviewed the improvements agreement with Attorney Wolfe who represents LTS and her concerns have been addressed in the agreement. The amount of the surety bond will be at 110% of the project at essentially 2.7 million dollars.
William Hopkins approached the Board noting that LTS would like to start work on the project prior to receipt of surety bond which should be available within two weeks. He noted that they are asking for reaffirmation of the approval of the plan. Minor changes were made as they needed a new engineer’s seal and revised dates. It was noted that SALDO does allow for construction prior to the recording of the plan. A pre-construction meeting has been scheduled with the township in order to take the township through the process. It was noted that the Municipal Authority will also be represented at the meeting. A separate agreement and security will be in place with the Municipal Authority.
Ron Clewell made a motion to reaffirm approval of the Water Gap Preserve plan and improvements agreement and to allow the developer to start construction with the plans being held pending receipt of the surety bonds. Scott Schaller seconded the motion. The motion carried 3-0.
It was noted that letters are to be sent to adjoining property
owners on Huckleberry and
Plans:
Frank Smith presented a land development plan for James LaBar. He explained that Mr. LaBar plans to place a second house on his 160 plus acre property. Doug Olmstead stated that the plans are in good order. He noted that three modifications have been requested. The planning Commission has recommended approval of the plan and the following three modifications:
1. To allow the plan at a scale 1”=200 ft.
2. To eliminate the requirement for wetland delineation as no wetlands are in the vicinity of the proposed dwelling.
3. To allow contour intervals for the entire tract at 20 ft superimposed from USGS with 2 ft intervals in the area of work.
Jennifer Wise advised that pursuant to Note #13 on the plan, a new deed with the restriction for the existing structure must be recorded before an occupancy permit is issued to move into the new home.
Scott Schaller made a motion to approve the James LaBar Land
Development Plan, conditioned upon remaining comments being addressed and
receipt of an executed easement agreement, approve the sewage planning module
and the three modification requests recommended by the Planning Commission on
New business:
There was general discussion regarding changing the regular Supervisors meetings to be held in the mornings. Scott Schaller advised that in an ongoing effort to save money the Supervisors have reduced regular meetings to one meeting a month and if they were held in the morning there would be no overtime adding to the savings. He related that the same people come to meetings whether they are held in the morning or at night. It was the consensus that the matter should be tabled for a month for further review and discussion.
Scott Schaller advised that previous motions relating to conference attendance need to be revised as the cost of the hotel now exceeds allowed expense. Scott Schaller made a motion to authorize the cost of registration, lodging, mileage for use of personal vehicle at approved federal rate and $50 per day maximum meal allowance for attendance at conferences. Ron Clewell seconded the motion. The motion carried 3-0.
Public comment:
Al Decker expressed his concerns with the proposed play area
for
Joyce Fenical articulated her displeasure with the
There being no further business, the meeting adjourned in
regular order at
Respectfully submitted,
Sherry Predmore, Secretary