MINUTES
Regular
Monthly
Meeting
Lackawaxen
Township
Board of Supervisors,
Wednesday August 19,
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 add the Nuisance Ordinance
under Solicitor’s Report.
Second by Krochta. Motion
accepted.
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 $108,371.70 in the
general fund. Second
by Krochta. Motion
accepted.
OLD BUSINESS
David Nielsen-Regarding
Siren- Wanted to know who decided to put siren on his lawn and
when would it be moved. Solicitor
Waldron stated that this issue came up at last months meeting
and Solicitor Waldron did review the documentation provided and
the procedures were followed.
There are two sirens put up along the river to warn for
emergency floods. It
was determined that the Siren is in the right of way.
Blue Heron Woods- Regarding
Major Subdivision for Final Approval of Phase 4- A letter was
received from the Engineer, Joe Hudak, and the plans are
satisfactory. The
cost estimate is $343,149.00 reflects realistic cost to complete
construction of phase thus the $377,464.45 cost estimate
reflects the 110% of the construction guarantee needed to be
posted. Blue Heron
stated that they are working with a new bond company so it would
be a couple of weeks before they could get the bond.
Solicitor Waldron needs to see the bond prior to
approval. Stuart would like to have everything in order before
giving final approval.
A motion was made by
Stuart to table the Final Subdivision Approval for Phase 4
pending the receipt, acceptance and satisfactory wording of the
bond for phase 4 until the next months regular Board of
Supervisors’ meeting. Second
by Gelderman. Motion
accepted.
Masthope-
Regarding Welcome Center Land Development- Solicitor Waldron
stated that this matter was tabled from last month because it
needed to be reviewed by the engineer.
A letter was received by Mr. Hudak that stated that he
had reviewed everything regarding the
Welcome
Center
. The new maps were
provided.
A motion was made by
Krochta to approve the land development plan for the
Masthope
Welcome
Center
. Second by
Gelderman. Motion accepted.
NEW BUSINESS
D & J
Land
Holdings- A motion
was made by Stuart to approve the Lot Consolidation for lots #15
& #16 & #17 for D & J Land Holdings. Second by
Krochta. Motion
accepted.
Anthony
Cusumano- A motion was made by Gelderman to approve the Lot
Consolidation for lots #624 & #625 in Masthope.
Second by Stuart. Motion accepted.
Patrick
Fazio- A motion was made by Krochta to approve the Lot
Consolidation for lots #294 & #295 in Masthope.
Second by Gelderman.
Motion accepted.
Abbasi-
A motion was made by Stuart to approve the Lot Consolidation
for the 3 lots noted on the plan as submitted for Abbasi.
Second by Krochta. Motion accepted.
Pension Plan- Need
to appoint Shawn Roe as Chief Administrative Officer for Pension
Plan-A motion was made by Stuart to table this decision until
next month. Second
by Krochta. Motion
accepted.
Resolution
#2009-11- Regarding Revenue
Sharing in Support of Federal Local Fiscal Assistance Act of
2009.
A motion was made by
Stuart to approve the Revenue Sharing Resolution in support of
Resolution #2009-11.
Second by Krochta. Motion
accepted.
John Appert- Regarding
Road Closing-Presented a petition in opposition of closing a
portion of
Gelderman Road
. The concern is
being land locked. Mr.
Appert has been maintaining a portion of
Gelderman Road
. Solicitor Waldron
stated that if any portion of a road is vacated and who ever had
a right to use that road or borders on that road would continue
to have a right of way, a private right of way, which would no
longer be open to the public.
Ordinance
#83- Regarding Vacating Portion of TR452 (
Gelderman Road
). A motion was made
by Stuart to approve
Ordinance #83. Second
by Krochta. Motion accepted.
Ordinance
#84- Regarding Opening of
Appert Road
(TR453). A motion
was made by Krochta to approve Ordinance #84.
Second by Gelderman.
Motion accepted.
Stuart stated that
the record would reflect that Solicitor Waldron would be sending
out a letter to the property owners.
Ordinance
#85- Regarding the Authorization of Indebtedness of
Lackawaxen
Township
. A motion was made
by Stuart to approve Ordinance #85.
Second by Krochta. Motion
accepted.
McKay/Payette- A
motion was made by Stuart to approve the Minor Subdivision/Lot
Consolidation for McKay and Payette.
Second by Krochta. Motion accepted.
McKay- Regarding
Amendment to Conditional Use for Campground Facility- A motion
was made by Stuart to schedule the conditional use public
hearing for Wednesday, September 9th at
6:00 pm
. Second by
Gelderman. Motion
accepted.
Masthope-
Regarding Fire Brigade- Presentation was given by Rich
Seidel. A proposal
was presented to the Supervisors for review regarding the
establishing of a fire brigade in Masthope.
They met with the Pennsylvania State Fire Commissioner,
Mr. Ed Mann, to discuss and get his input.
According to the regulations of the NFPA600 it falls
under the industrial fire brigade.
According to the NFPA statement we had to develop an
Organizational Statement and a Standard Operating Procedure.
They solicited from the county the response time for both
Central and Lackawaxen Fire Companies for the last three years
responding to Masthope. On
an average time it is 12.75 minutes by the time the alarm is
sounded and they get to Masthope.
They have a 1974 old brush truck with a 250 gallon tank
on it and they have a 1994 ford van.
They want to man this with permanent residence in the
community, employees that are experienced fire fighters,
everybody will be experienced fire fighters.
We also have numerous part time property owners that are
NYC firefighters current and retired,
New Jersey
,
Long Island
all qualified firefighters that are willing to help us take care
of this task. Under
the standards we can not solicit outside of the community for
any funding, we can not apply for any grants and we can not
respond outside of the community.
I am not entirely sure what you are seeking from the
township. Stuart
stated that we do have an ordinance.
Waldron sated that if we could get something from the
state level that would help.
Gelderman stated that one of his biggest concerns is if
one of the other areas in the township did this and decided that
they were going to handle the situation and did not notify 911
until the situation is too far gone. Stuart stated that I think
it might be premature to discuss this with the board.
John stated that we did not plan a detailed discussion,
what we hoped was that all the operational issues would be
discussed and they have not been, so that is why we are here, to
get the government involved in the structure.
Masthope- Regarding
Amendment to Conditional Use for Ski Rental Facility- A motion
was made by Stuart to schedule the conditional use public
hearing for Wednesday, September 9th at
6:30 pm
. Second by Krochta.
Motion accepted.
Stan
Sudol- A motion was made by Krochta to table the Minor
Subdivision/Lot Consolidation for Stan Sudol.
Second by Gelderman.
Motion accepted.
SOLICITOR’S REPORT
Zoning
Violations- Since July meeting there were two matters scheduled
for Pike County Court. Only appeared on one matter, which was
the Roy Property. The
fines have been paid in full.
A site inspection has been scheduled to determine what
needs to be removed from the property to bring it into
compliance. Another
court order was entered in January that required a clean up by
April. This is the
Rickard property and an answer was filed regarding the contempt
order. The hearing
was scheduled for September 1st and Solicitor Waldron
asked for a continuance. As
of this date it has not been rescheduled.
The other matter, Spence property, at the hearing it was
stipulated that they would not reside on the property in the
shed. They also have
a sewage violation. This
property will be monitored and if they are using the shed then
they may have to go back to court.
Nuisance Ordinance- A
hearing was held in June. Currently
waiting for the transcript.
Some of the provisions in the ordinance are going to be
reevaluated. The
ordinance will be revised before submitting to the committee.
With the revisions to this ordinance there will have to
be another public hearing.
Masthope- Regarding
parking lot, there was the conditional use approval and the
revised conditional use approval that involved the parking lot
adjacent to the ski area. The
revised conditional use approval which required a fence to block
lighting-the zoning officer was contacted pursuant to the
provisions in the conditional use to confirm the location of the
fence. The fence
will be located on the ridge area and also it was proposed to
extend the fence area. As
long as it is installed as shown to the zoning officer, which he
will verify once it is done.
Ambulance Tax- This
was raised at the last meeting in terms what is allowed by State
Law and also what did we approve.
Shawn passed along to me what you adopted previously,
which was the half mil. For the dedicated ambulance tax.
The state law, which is in the 2nd class
township code. If you are to increase the tax it needs to be
done by referendum.
ANNOUNCEMENTS
Public Comment was
had.
