MINUTES NOV 18 2009

Regular Monthly Meeting Lackawaxen Township Board of Supervisors, Wednesday November 18, 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 amend the agenda to add Gorelick under Old Business, under Solicitor’s report the Masthope mortgage and the Recycling Agreement under Old Business.  Second by Krochta.  Motion accepted.

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

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

 A motion was made by Krochta to approve the bills in the amount of $71,610.38 in the general fund.  Second by Gelderman.  Motion accepted.

OLD BUSINESS

 Ioannis Konstantakakos-  Regarding the minor subdivision/lot consolidation for Konstantakakos. Needs to be resubmitted.  

South Canaan Tower-  Regarding Cell Tower . A motion was made by Krochta to table the land development approval.  Second by Gelderman.  Motion accepted.  

Louise Kuhn- Regarding Licensing Service/Store.  A motion was made by Gelderman to approve the conditional use decision for Louise Kuhn.  Second by Krochta.  Motion accepted.  Stuart abstained.  

Auto Pros LLC- Regarding Auto Service Station.  A motion was made by Krochta to approve the conditional use decision for Auto Pros contingent upon land development and Penndot approvals.  Second by Gelderman.  Motion accepted.  Stuart abstained.  

Masthope-  Regarding Stables-Add Shelters. A motion was made by Gelderman to approve the conditional use decision for Masthope showing also on the plans that the building being replaced will still be roughly 3 feet short of the side yard.  Second by Krochta.  Motion accepted.  Stuart abstained.  

Masthope-  Regarding Front Entrance Mailbox Area.  A motion was made by Gelderman to approve the resigning of maps upon receipt of maps.  Second by Krochta.  Motion accepted.  

Gorelick- A motion was made by Stuart to reapprove for signature purposes only the resigning of the maps for the subdivision for Falling Waters at Masthope lot #95 & lot #96 section 2.  Second by Krochta.  Motion accepted.  

Recycling Agreement- An addendum to the agreement has been done by the solicitor. A motion was made by Stuart to execute this document.  Second by Gelderman.  Motion accepted.

 NEW BUSINESS

 Ron Tussel- Regarding Farm Stand. A motion was made by Stuart to schedule a public conditional use hearing for December 9^th at 6:30 pm .  Second by Krochta.  Motion accepted.

 Moss Creek- A motion was made by Stuart to approve the Minor Subdivision/Lot Consolidation for Moss Creek.  Second by Krochta.  Motion accepted.

 DJ Jahn- Regarding Tree Lighting.  Not present at meeting.  Supervisors requested letter be sent that he does not have to come to Supervisors’ meeting for approval of Tree Lighting.

 Stuart stated that the meeting is suspended at this time and we will convene the public hearing that was duly advertised in the paper of local jurisdiction.  There is a court reporter present for this public hearing.

Stuart reconvened the regular meeting of the Board of Supervisors.

 Clark/Marino- A motion was made by Gelderman to approve the Lot Consolidation for Lots #555R-3 & Lot #566 in Masthope.  Second by Stuart.  Motion accepted.

 Bob Cocchi- A motion was made by Stuart to accept the resignation letter from the Zoning Hearing Board from Bob Cocchi.  Second by Krochta.  Motion accepted.

 Resolution #2009-14- Regarding Non-CDL Drug & Alcohol Testing Personnel Policy.  A motion was made by Stuart to adopt Resolution #2009-14.  Second by Krochta.  Motion accepted.

 Lackawaxen Telephone- The Non-Exclusive Franchise Agreement.  The Public Hearing is Scheduled for December 9^th at 6:00 pm .  A motion was made by Stuart to approve the public hearing for December 9^th at 6:00 pm .  Second by Gelderman.  Motion accepted.  

Bob Schmidt- Regarding Amendment to 911 Sign Ordinance.  Not present at meeting.  Need to repeal Ordinance #78.  Will be advertising a public hearing to repeal ordinance #78 at the recommendation of the fire companies to get the 911 signs prior to building permits being issued.   

 Urban Property- Stuart provided an update.  Will be looking to sell this property.  We are looking to convert the building at the new property into a meeting room and offices along with using it as a garage for the maintenance department. 

 Executive Session-  Regarding personnel issues to be held at the end of the public comment.

   SOLICITOR’S REPORT

 Laurel Ridge- Solicitor Waldron has obtained the name of the President of the Association with Shawn’s help.  He has coordinated with Joe Hudak and Tom McKay to go out to the site on December 1^st . 

Masthope Mortgage- It has been agreed with Masthope that the money would only be used for infrastructure improvements or repairs or upgrades within the development and not to build new buildings.  Masthope had their attorney and accountant come in just because over three decades because there were some discrepancies as to whether or not all of the lots that were transferred out and sold whether the release fee was paid in.  If you look on one sheet and did not follow it right it looked like there should be almost twice as much money as we are holding.  There was a concern that maybe it was not handled properly.  Masthope spent some time reviewed our minutes, reviewed the releases that were released and agree that the numbers are certainly very close if not perfectly accurate.  They will be filing a legal action in Pike County .  It will be an amicable action in mandamus.  The proposed complaint has been sent to the solicitor by Alan Young.  The complaint will be signed by both parties.  The court will order this to be finished since both parties agree.  There will be hearing in Pike County Court.  Jay Rose has agreed to testify about the history and Shawn will have to confirm the amounts in the account.  Bill Owens, came in as the independent auditor for Masthope and audited all the minutes, which Shawn had provided 30 years of minutes pertaining to Masthope, which we do have a record of.  Solicitor Waldron will sign the complaint on behalf of the township, which will then lead to a hearing in Pike County Court.         

ANNOUNCEMENTS

 Public Comment was had.