MINUTES

Regular Monthly Meeting Lackawaxen Township Board of Supervisors, Wednesday May 20, 2009  

The meeting was called to order at 6:30 p.m. by Chairman Stuart, Supervisor Gelderman, Supervisor Krochta, Solicitor Waldron and Municipal Clerk Roe were present.  

A motion was made by Stuart to approve the agenda as presented.  Second by Krochta.  Motion accepted.  

 A motion was made by Gelderman to approve the minutes of last months meeting.  Second by Krochta.  Motion accepted.  

A motion was made by Stuart to approve the bills in the amount of $191,539.83 in the general fund.  Second by Krochta.  Motion accepted.  

OLD BUSINESS  

Paul Chlebowski- A motion was made by Stuart to approve the resigning of the maps for recording purposes for the Minor Subdivision previously approved on December 18, 2002 with a map date of April 3, 2002 for the lands of Paul Chlebowski and David Holbert.  Second by Krochta.  Motion accepted.  

Nuisance Ordinance Workshop- Announcement made by Stuart.  A workshop will be held on June 1^st at the Township Building at 6:30 pm . 

 Blue Heron Woods- A motion was made by Stuart to approve the Cash Securities for the Bond to $343,884.00 reflecting of the performance bond of 301,557.03 with a cashiers check to be written to Lackawaxen Township and established in the escrow account specific for this project in the amount of $42,327.00.  Second by Gelderman.  Motion accepted.  

Masthope- Regarding Front Entrance Road Change- The driveway into the bus area was not included in the original design nor in the original conditional use.  The driveway was added as a request of the school district to allow for a safer bus entrance to travel through.  The entrance is a gated entrance and only opened when the school buses are there.  The map submitted is the as built to submit to the engineer and to get township approval.  The original plan was never approved.  The approval of the waiver needs to be put on the map along with the supervisor signature block.

A motion was made by Stuart to forward to our engineer the Masthope improvement project the maps for the front entrance road change for engineer comments as well as the signature blocks and waivers.  Second by Gelderman.  Motion accepted. 

  Masthope- Welcome Center- Land development plan was submitted to the planning commission last month and the only comment was to include the pond on the maps, which the initial site plan does show the pond.  Technically the previous plan looked at regarding the front entrance is the same map being used again for this purpose.  The plan has not changed at all since the original submission for the conditional use.  The land development needs to be sent to the engineer for review.  The E&S plan was approved by Pike County Conservation.  A note needs to be added to the plan to show the location of the lighting and the shielding.

A motion was made by Krochta to approve the extension of the Conditional Use for the period of one year.  Second by Stuart.  Motion accepted.

A motion was made by Stuart to approve to send the land development plan for engineering approval pending the lighting indications on the plan prior to being sent to our engineer.  Second by Krochta.  Motion accepted.  

Masthope- Regarding Parking Lot- Request for an amendment to the Revised Conditional Use issued in January 2009 regarding the fencing to become a six foot stockade along the parking lot and a 3 rail split rail around the detention basin.  This is based on a revision to a revised conditional use. It was stated that this project could not be done until a NPDES permit was issued.  Masthope was reprimanded for putting in the baseball field fence without a NPDES permit.  A motion was made by Stuart to herby grant the conditional use amendment reflected and modified today, May 20^th by Mr. Schmalzle in respects to the changing of the two fences the first item being a detention basin fence, which will be three rails split rail fence with wire backing on the exterior of the rails, the second item is the privacy fence that is going to be a 6 foot wooden stockade fence as reflected in their amendment.  Second by Krochta.  Motion accepted.  

Harvey Hayden- A motion was made by Stuart to approve the Conditional Use decision for Harvey Hayden.  Second by Gelderman.  Motion accepted.  

Woodloch Pines- A motion was made by Gelderman to approve the Conditional Use pending the official letter from Aqua.  Second by Stuart.  Motion accepted.  

Woodloch Pines- A motion was made by Stuart to approve the Woodloch Pines Conditional Use decision with the conditions set forth here for their laundry facilities and bathroom.  Second by Krochta.  Motion accepted.  

White Owl- A motion was made by Stuart to continue the hearing for Wednesday, June 10^th at 6:00 pm for the White Owl.  Second by Krochta.  Motion accepted.  

NEW BUSINESS  

Ralph & Joan Staiano- A motion was made by Gelderman to approve the Lot consolidation for Ralph & Joan Staiano for lots #111 & #112 in Masthope.  Second by Stuart.  Motion accepted.   

Susan Frederick- A motion was made by Stuart to approve the Lot Consolidations for lots #16 & #17 in Woodledge for Susan Frederick.  Second by Krochta.  Motion accepted.  

Resolution #2009-07- A motion was made by Krochta to approve the Resolution #2009-07 regarding Penndot Liquid Fuel Reports.  Second by Gelderman.  Motion accepted.  

Bids for ID2 & ID3- A motion was made by Krochta to accept the bid for ID2 & ID3 with ER Linde.  Second by Stuart.  Motion accepted.  

Bids for Road Project ( Church Road )- A motion was made by Gelderman to accept the bid from Wayco for Church Road .  Second by Krochta.  Motion accepted.  

Bids for Road Project ( Williams Road )- A motion was made by Gelderman to accept the bid from Wayco for Williams Road .  Second by Krochta.  Motion accepted.  

Bids for Road Project ( Markel Road )- A motion was made by Krochta to reject any and all bids for Markel Road pavement.  Second by Stuart.  Motion accepted.  

Tisnovsky/Banks- A motion was made by Stuart to table submission for the Minor Subdivision/Lot Consolidation for at Masthope for Tisnovsky & Banks subject to additional information deeds and  County review.  Second by Krochta.  Motion accepted.  

SOLICITOR’S REPORT  

South Canaan Tower- A hearing was held on April 27^th.  There were two protestants present.  All testimony was completed.  The matter was tabled until review was completed by the township engineer.  The only remaining issue was a land development plan needs to be submitted addressing the road location, erosion & sedimentation, and the proper layout in accordance with their zoning plans.  The reason this matter is being continued until June 10^th   is in  case they wanted to present more evidence or rebuttal testimony or cross examine Mr. Hudak since he did submit a report to you.  The matter should still be scheduled for June 10^th  at 6:30 if needed.  A follow up letter is needed by Joe Hudak, the township engineer.

A motion was made by Stuart for South Canaan Tower regarding the conditional use for a continuation of the April 27^th hearing at 6:30 or upon conclusion of the public hearing prior to that.  Second by Gelderman.  Motion accepted.

Laurel Ridge Development- Solicitor will contact Joe Hudak regarding storm water issue- The township engineer did go out to the site. 

Masthope- There will be an executive session relative to the parking lot to discuss two issues.Masthope Escrow Account- A meeting has been scheduled for next Thursday, May 28^th with representatives of Masthope regarding the escrow mortgage.  Mr. Alan Young and the accountant.  

Stuart announced that after public comment the Board would be going into executive session for potential litigation matters.  There will be no other business after the executive session. 

Urban/Shook Properties- Stuart discussed the purchase of this property for the township.  For the immediate term we will not be building a new building.  There are two components which consist of a 4 acre parcel and a 28 acre parcel which will allow the township to grow and provide recreation facilities and all types of amenities to the residents of the township.  The selling price is going to be $500,000.  It comes with a riding arena, a couple of garages and the money we were going to spend down here we will now spend up there and we are getting all of this land.  This land just came about in the last couple of months and it would be foolish to let it go.  There is a remaining 140 acres, which the township will be applying for grant money to fund this purchase.  The 32 acre piece we are going to make a motion to sign an agreement of sale tonight subject to financing, subdivision, which is the townships plan.  The second part of this plan is an option to buy the remaining 148 acres, but if we can not secure the county bond issue money and not be able to secure money from the Dept. of Community and Economic Development we reserve the right not to purchase it.  The Urbans have graciously entered into a 12 month option agreement on that second parcel.  For that option agreement it will cost the township $40,000 to secure for that period of time.  The township will not have encumbered 1.6 million dollars, but will be spending $540,000 as of tonight and we will own 32 acres of pristine land in this township.  The law requires that an appraisal has to be done.

A motion was made by Stuart to exercise and execute the agreements with Dorothy Urban and Jeffrey Shook for the transaction and sale of their realestate.  Second by Gelderman.  Motion accepted.   

ANNOUNCEMENTS  

Park Reserved- Park is reserved on July 12^th for St. Marks Church

Park Reserved- Park is reserved on July 8^th  for Jessica Guratosky

Park Reserved- Park is reserved on May 24^th for LaPlace

Annual Clean Up Day- Will be Held on Saturday May 30^th, 2009

Supervisor’s Meeting- A motion was made by Stuart to Reschedule the June meeting for June 24^th, 2009 at 6:30 pm .  Second by Gelderman.  Motion accepted.  

Public Comment was had.

 Stuart stated that the Board of Supervisors would now be going into executive session and there would be no further business conducted.