Coolbaugh Township Board of Supervisors March 15, 2005 - Page 1
The Coolbaugh Township Board of Supervisors March 15, 2005 Regular Meeting was held in the Township Municipal Center, in building #3, at 5550 Memorial Boulevard, Tobyhanna, Pennsylvania.
Public Hearing
Prior to the March 15, 2005 regular meeting of the Board of Supervisors, a Public Hearing was held at 6:30 p.m. to consider public comment on a request for an Amendment to the Building Code of Coolbaugh Township, Chapter 4, Buildings, Section 411, Permit.
Call To Order
Mr. Frutchey called the meeting to order at approximately 7:00 p.m. and led those in attendance in the recitation of the Pledge of Allegiance to the Flag.
Roll Call
Supervisors present for the meeting included: James H. Frutchey, Jr., Robert B. Hutchins, Richard R. Lockwood, Gratz Washenik and Robert M. Zito. Also in attendance were: Township Solicitor Jerry F. Hanna and Township Secretary Linda Frutchey.
Statement on the Agenda: The Public will be given an opportunity to speak on each agenda matter. Public Input is considered at the end of the meeting for other issues.
Approval of February 15, 2005 Minutes
Mr. Hutchins made a motion to approve the February 15, 2005 meeting Minutes and dispense with the reading. Seconded by Mr. Zito. Discussion followed in which Mr. Washenik said he did not remember discussing a sentence on page 3 regarding Professional Services - Coolbaugh Township Community Partnership; “following all necessary approvals and clearances, a contract will be forwarded for review and execution.” When there was no further discussion or a request from other Board members about removing the wording, the motion was called and carried 4-0-1 (Mr. Lockwood abstained, as he was not present at the meeting).
Status Report - Engineer Dave Kavitski of BCM Engineers
Dave Kavitski of BCM Engineers was present to discuss his Coolbaugh Township Engineer’s Report dated March 15, 2005. Board of Supervisors March 15, 2005 - Page 2
PADEP Meeting Mr. Kavitski reported that a meeting was held at Representative Mario Scavello’s office with Michael Bedrin, PADEP Northeast Regional Director, Mr. Frutchey, Mr. Hutchins and Mr. Kavitski. Discussion revolved around issues associated with spray irrigation being evaluated against the membrane stream discharge through the use of the Socio-Economic Justification (SEJ) Criteria for Antidegradation Implementation for the Tobyhanna Creek, classified as a High Quality (HQ) stream. Mr. Kavitski noted that Mr. Bedrin sent BCM Engineers a copy of Appendix M of the Water Quality Standards Handbook for use in developing the SEJ. They will also investigate spray irrigation at the Pocono Farms golf course. Later in discussion, Mr. Hutchins announced that spray irrigation in Pocono Farms was an alternative option, but Pocono Farms has not yet been contacted.
Meeting with Zenon Membrane Filter representatives At the meeting referenced above, there was discussion of the Zenon process and review of requirements for PADEP acceptance. Mr. Kavitski noted that operating plant data is being forwarded for his review.
Wal-Mart Flows Mr. Kavitski reported that Wal-Mart flows are still high, and that they met with Township Solicitor Jerry Hanna to review where we are with Wal-Mart and to give Mr. Hanna a copy of the data and correspondence to date.
Growing Greener Grant Mr. Kavitski spoke with Joe Adams of PADEP regarding the Innovative Technology Growing Greener Grant application. Mr. Adams stated that the application should be available in April and the deadline for submission will probably be June 30, 2005. Mr. Kavitski said he will stay in touch with Mr. Adams to be sure he receives the application. Mr. Adams also indicated that the revisions to the grant would only fund capacity increases for current hydraulic overload not growth capacity.
Chapter 94 Report Mr. Kavitski stated that the Chapter 94 Report for the Year 2004 will be ready to submit to the PADEP by March 31, 2005.
BCM Engineer’s Act 537/SEJ Planning Proposal Before the Board was the above referenced proposal. Mr. Hutchins moved to approve the BCM Engineer’s Act 537/SEJ Planning Proposal in a not to exceed amount of $75,000.00. Seconded by Mr. Lockwood.
A lengthy discussion followed. Mr. Washenik and Mr. Zito expressed concerns about not having enough time to review the proposal, could it possibly be reviewed at the March 22, 2005 Work Session and be taken to the April 5th regular meeting, etc. Public comment and questions were heard from Alma I. Ruiz-Smith, Lynn Kelly, Walt McGrath and Nancy Knecht. Board of Supervisors March 15, 2005 - Page 3
Mr. Washenik said there should be a special meeting held, otherwise he would not support the motion. The motion was called and carried 3-2-0 (Mr. Washenik and Mr. Zito opposed).
Proposed Amendment to the Building Code of Coolbaugh Township, Chapter 4, Buildings, Section 411, Permit
Present in the audience were representatives from Guardian Inspection Services, the company contracted to do inspections for the inter-municipal Building Codes Enforcement program, including Director Richard Alloway, Building Inspector Bill Weber and Secretary Cheryl Tigue.
Mr. Hutchins moved to approve the Proposed Amendment to the Building Code of Coolbaugh Township, Chapter 4, Buildings, Section 411, Permit. Seconded by Mr. Frutchey. A lengthy discussion followed regarding the Uniform Construction Code and that the purpose of enforcing it was to protect the interests of the public. Also discussed was the text of the amendment, whether its language should be re-written, questions regarding the services provided by Guardian Inspection Services, that they are contracted annually and may not be here next year, what work is required to get a permit, the fee schedule, inspections, quality of work, etc.
Speaking on behalf of Guardian Inspection Services, Rich Alloway emphasized that they make every attempt to accommodate the general public, including scheduling inspection appointments on Saturdays. They have an open door policy and are willing to do whatever it takes to do what is right for the municipalities they serve. Public comment was heard from Cliff Otto, Joe O’Boyle, Alma I. Ruiz-Smith, Kathleen Krysinski and Steve Planchock. The motion was called and passed 4-1-0 (Mr. Washenik opposed). A brief discussion ensued following the approval of the motion. Public comment was heard from Cliff Otto and Ken Booth.
Minor Subdivision \ Lot Combination Plan - Lands of John Gaynor Et Al - Lot #2 of Fenwick Subdivision & Lot #55 of Pocono Forest
Before the Board was a Memo from the Planning Commission recommending that the Supervisors approve the above referenced Minor Subdivision/Lot Combination Plan provided certain conditions were satisfactorily addressed.
Mr. Zito moved to approve the Minor Subdivision \ Lot Combination Plan - Lands of John Gaynor Et Al - Lot #2 of Fenwick Subdivision & Lot #55 of Pocono Forest based on the recommendation from the Planning Commission and with the condition that the following three (3) comments in a letter dated March 8, 2005 from Township Engineer Russ Kresge are satisfactorily addressed:
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1) the Zoning Officer reviews the proposed designation of the yards, as it appears there must be a rear yard; 2) the flood hazard line is added to the joinder portion of the plan; 3) the joinder note is made a covenant and should include the language required by §404E(3) of the Subdivision and Land Development Ordinance. Seconded by Mr. Hutchins. Discussion - Mrs. Frutchey confirmed that the revisions were satisfactory. The motion carried 5-0.
Route 196 Echo Lake Road Traffic Signal Plan
Marv Walton of Niclaus Engineering was present on behalf of the above referenced Traffic Signal Plan. Mr. Walton explained that no further negotiations have taken place between Pastor Bloom of Shawnee Tabernacle Church and Pocono Farms East for access. A lengthy discussion followed regarding comments in a memo dated February 22, 2005 from Township Engineer Russ Kresge. Among the issues discussed were approaches to the intersection, financial arrangements, responsibility for construction and perpetual maintenance, preparation of specifications and bidding documents, granting of an easement to the Township for the location of certain devices, the Township’s right to perform future modifications, liability issues, etc.
Mr. Walton said Pastor Bloom already has a Driveway Permit. Further discussion followed about the need for a second access if the Board moves forward with the Bloom Minor Subdivision Plan. Public comment was heard from Alma I. Ruiz-Smith, Lynn Kelly, Joe O’Boyle, Steve Planchock and Walt McGrath.
Discussion concluded with the Board recommending that Pastor Bloom go back to Pocono Farms East to continue negotiating for an access easement and to discuss matters associated with the Bridal Path, etc.
Professional Services Agreement associated with Smoke Ridge Village Sketch Plan Review
Solicitor Hanna reported that he reviewed the above referenced Professional Services Agreement and discussed it with PC/ZHB Solicitor H. Clark Connor, Township Engineer Russ Kresge and Herbert K. Sudfeld, Jr., Esq. of Fox Rothschild. Mr. Hanna stated that he approves of the agreement, that there is no submission, no application and everything will be out in the open. Discussion followed regarding the contractual agreement to deposit $5,000.00 into an escrow account towards the cost of professional reviews. It was determined that the wording “interest bearing account” should be removed from paragraph 4 on page 2 of the agreement.
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Mr. Hutchins made a motion to move forward with the Contract for Professional Services associated with Smoke Ridge Village Sketch Plan, with the condition that the wording in paragraph 4 regarding deposit money being held by the Township in an “interest bearing account” be removed. Seconded by Mr. Zito. The motion carried 5-0.
Hemlock Estates Land Development Plan - request for time extension
Before the Board was a letter from Arcadia Properties, LLC requesting a 60 day extension on the above referenced Land Development Plan. Mr. Washenik made a motion to approve the applicant’s request for a sixty day extension. Seconded by Mr. Lockwood.
Public comment was heard from Bruce and Joyce Hanby, owners of Hemlock Campgrounds, property adjacent to the proposed development. They stated that the boundary lines are still in dispute.
Mr. Washenik amended his motion to reflect that the extension will be granted until May 20, 2005. Seconded by Mr. Lockwood. The motion passed 5-0.
Authorization to advertise a Public Hearing to consider Lowe’s Home Improvement Warehouse Conditional Use Application
Possible dates were discussed for scheduling a Public Hearing to consider the Conditional Use Application. Lowe’s attorney, Ralph Matergia, called Mrs. Frutchey and Solicitor Hanna, agreeing to waive the time frame for holding the hearing, but prefers it to be held on Thursday, April 28, 2005. The Board determined that May 2, 2005 would be the better date for them.
Mr. Hutchins made a motion to schedule a Public Hearing to consider the Lowe’s Home Improvement Warehouse Conditional Use Application for May 2, 2005. Seconded by Mr. Lockwood. Brief discussion followed regarding the wording of the motion.
Mr. Hutchins reworded his motion and moved to authorize the advertisement of a Public Hearing to consider the Lowe’s Home Improvement Warehouse Conditional Use Application for Monday, May 2, 2005 at 7:00 p.m., and if this date was not possible for the applicants, they may come back with another date. Seconded by Mr. Lockwood. The motion carried 5-0.
Authorization to advertise a Public Hearing to consider a Zone Change Request from R-3 to C-3 submitted from Ruth and Darryl Rarick
Following discussion of the dates for Board meetings and Work Sessions, the Supervisors Board of Supervisors March 15, 2005 - Page 6
selected a date for a Public Hearing to consider the Zone Change Request submitted by Ruth and Darryl Rarick.
Mr. Washenik moved to authorize the advertisement of a Public Hearing to consider a Zone Change Request from R-3 to C-3 submitted by Ruth and Darryl Rarick, et. al. on April 26, 2005 at 6:30 p.m. Seconded by Mr. Zito. Discussion - none. The motion passed 5-0.
2004 Monthly Reports
Coolbaugh Township Volunteer Fire Company Steve Roach, Second Assistant Chief, was present to go over the February 2005 Monthly Report for the Coolbaugh Township Volunteer Fire Company (CTVFC) as follows: 2 dwelling fires, 4 automatic fire alarms, 2 vehicle fires, 2 assistance to other fire companies,16 vehicle accidents, 3 extrications, and 3 miscellaneous calls for a total of 32 calls. A total of 318.22 man hours were expended on the 32 calls, and 313.46 man hours were spent on drills and training. $85,000.00 was the estimated dollar value on buildings/vehicles involved in fire and $25,000.00 was an estimated dollar loss due to fire.
Mr. Roach brought up the matter of purchasing the new fire truck and went over details regarding the bids, specifications and supplier, the time frame for committing to the bid, the PEMA loan and grant application, sale of their pumper truck and the expected purchase price, lease purchase options, etc. Mr. Frutchey explained that funding for the first yearly payment on the attack truck would be needed by late 2006 or early 2007. A lengthy discussion followed regarding the Board making a commitment to assist the fire company with funding over a period of five to ten years, if the CTVFC was unable to secure all of the funds needed for the purchase.
Mr. Hutchins moved to commit to the CTVFC, in late 2006 or early 2007, a figure in a not to exceed amount of $165,000.00 spread over 5-10 years and subject to the lease purchase arrangement, for the purchase of a new attack truck, if the fire company is unsuccessful in securing all of the funding needed. If they are able to secure the funding, a financial commitment by the Board will not be necessary. Seconded by Mr. Lockwood. Discussion followed regarding the PEMA loan, the fact that the grant application cannot be filed without ordering the truck first, insurance responsibilities, etc. The motion carried 4-0-1 (Mr. Washenik opposed). Werner Frank, present in the audience said that the Route 196 Storage Building Land Development Plan applicant had been waiting for six months for a report from the Fire Chief and it was needed by April 5, 2005.
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Pocono Mountain Regional Police Mr. Frutchey read the Summary of Activities for the PMRPD for the month of February 2005 as follows: 1087 complaints, 88 accidents, 122 criminal arrests, 285 traffic arrests, 199 traffic warnings, 9 ordinance arrests for a total of 1175 calls within the area covered by the regional police, which includes Tobyhanna, Tunkhannock and Coolbaugh Townships and the Borough of Mount Pocono. He also pointed out that 72 offenses were against family and children in all municipalities covered, not just Coolbaugh Township.
Appointments to the Coolbaugh Township Community Partnership (CTCP) Advisory Group
Before the Board were letters from Eugenia R. Craig -Solomon, Reverend Enid Garwood-Seung and Wayne Meyers, expressing an interest in serving on the CTCP Advisory Group.
Mr. Frutchey moved to appoint Eugenia R. Craig -Solomon and Reverend Enid Garwood-Seung to the two 2 year terms and Wayne Meyer to the 1 year term. Seconded by Mr. Lockwood. Public comment was heard from Steve Planchock regarding meeting criteria. The motion carried 5-0.
Coolbaugh Township Clean Up and Trash Removal
Award of Bid The Township Clean Up Bid was advertised in the Pocono Record on Saturday, February 12 and Wednesday, February 16, 2005, with a bid opening on Thursday, March 3, 2005. The following bids were received:
Waste Management
30 yard containers for General Trash $465.00 per load 30 yd. containers for White Goods $190.00 per load 30 yd. containers for Tires $1,300.00 per load 30 yd. containers for Scrap Metal $190.00 per load
Northeast Cartage
30 yard containers for General Trash $450.00 per container 30 yd. containers for White Goods No Charge 30 yd. containers for Tires $727.50 each 30 yd. containers for Scrap Metal $100.00 rebate per container provided scrap metal is not mixed with non-metallic items Board of Supervisors March 15, 2005 - Page 8
J. P. Mascaro
30 yard containers for General Trash $490.00 each 30 yd. containers for White Goods $175.00 each 30 yd. containers for Tires $1,100.00 each 40 yd. containers for Scrap Metal $175.00 each
Mr. Zito made a motion to award the Township Clean Up Bid to Northeast Cartage for General Trash, White Goods, Tires and Scrap Metal. Seconded by Mr. Hutchins. Discussion followed. The motion carried 5-0.
Authorization to advertise “Display ad for Township Clean Up” Mr. Zito moved to authorize placing the “Display ad for Township Clean Up” in the Pocono Record and the Journal of the Pocono Plateau. Seconded by Mr. Hutchins. Discussion - none. The motion passed 5-0.
Advanced Recovery, Inc. Proposal re: recycling of computer and electronic scrap The above referenced proposal was discussed briefly and no action was taken. Public comment was heard from Dan Ferguson.
Integrated Wireless Alliance (IWA) Proposal to develop telecommunication sites on municipal owned properties
A brief discussion followed; no action was taken. It was determined that other vendors should be contacted and to check with Nextel to see if they can hook up to the Cingular Wireless Towers that were recently approved.
Public safety request for a sign to identify “Gallagher Road”
Before the Board was a letter from Dennis Eckles requesting a sign for Gallagher Road. Discussion followed in which it was suggested that Mr. Eckles also contact Dreher Township to see if they could help with the sign, and that a letter should be sent to him referencing discussion of the matter at tonight’s meeting. Mr. Washenik said he would call Mr. Eckles and explain the Township’s position. The Supervisors were in agreement that if the property owners get the funds to buy the signs, the Township can assist with the installation.
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Request for Quotation - Mailing System
Three (3) quotes were requested and received for Mailing Systems: ITS Mailing Systems, Inc. of Pittston, PA, in the amounts of $116.08 per month for a 48 month lease and $107.76 per month for a 60 month lease; Pitney Bowes Global Mailing Systems of Wilkes-Barre, PA in the amounts of $147.00 per month for a 48 month lease and $162.00 per month for a 60 month lease; and Topp Business Solutions of Scranton, PA in the amounts of $100.24 per month for a 48 month lease and $91.99 per month for a 60 month lease.
Mr. Lockwood made a motion to award the bid for the Mailing System to Topp Business Solutions for the 48 month lease in the amount of $100.24 per month. Seconded by Mr. Zito. A brief discussion followed. Public comment was heard from Alma I. Ruiz-Smith and Steve Planchock. The motion was called and carried 5-0.
Request for Quotation - Maintenance Agreement for four (4) generators Sewage Treatment Plant, Pumping Station, Municipal Center and Road Department Building
Four (4) quotes were requested and three (3) were received: Emergency Systems Service Co., Inc. of Quakertown, PA in the amount of $7,177.84; Mechanical Service Co. of Pittston, PA in the amount of $3,800.00 and Penn Power Systems of Lebanon, PA in the amount of $3,712.16.
Mr. Frutchey moved to award the Maintenance Agreement for the Township generators to Penn Power Systems in the amount of $3,712.16. Seconded by Mr. Lockwood. Discussion followed about Mechanical Services Co. being closer to the Township than Penn Power and that they had done a good job for the Township in the past. Mr. Frutchey recinded his motion and Mr. Lockwood his second.
Mr. Hutchins moved to award the Maintenance Agreement for the Township’s generators to Mechanical Service Co., of Pittston, PA in the amount of $3,800.00 as a yearly contract. Seconded by Mr. Lockwood. Discussion - none.The motion passed 5-0.
Request for a refund of $250.00 filing fee minus advertising costs for a total amount of $193.72 - Robert Bolus Public Hearing
Before the Board was a memo from Zoning Hearing Board Recording Secretary Dolores A. Bracy regarding the request from Robert Bolus referenced above. Discussion followed about the property in question, etc. The Board took no action and directed that the refund check be held.
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Authorization to Township Engineer to prepare bid specifications for Anti-Skid Material for 2005-2006
Mr. Frutchey moved to authorize Township Engineer Russ Kresge to prepare bid specifications for Anti-Skid Material for 2005-2006. Seconded by Mr. Hutchins. Discussion followed in which it was noted that hard-rock anti-skid was cleaner, etc. It was the consensus of the Supervisors that samples should be requested with each bid. The motion carried 5-0.
Recycling Issues
Authorization to clear site land behind Salt Storage Building for the recycling of trees and tree branches Discussion followed regarding the exact location to be cleared, behind the Blue Recycling Bins up to the end of the property line. Public comment was heard from Alma I. Ruiz-Smith.
Mr. Hutchins made a motion to authorize the clearing of the site behind the Salt Storage Building for the recycling of trees and tree branches. Seconded by Mr. Lockwood. Following discussion of the matter, Mr. Hutchins amended his motion and moved to authorize obtaining quotes for clearing of the site to be considered at the next meeting. Seconded by Mr. Lockwood. The motion passed 5-0.
Authorization to send letter of intent to Pennsylvania Capital City to purchase recycling equipment Before the Board was a draft PACC 2005 Contract Letter of Interest to purchase recycling equipment through the PACC Vehicles and Equipment Contract Purchasing Specifications. Mr. Lockwood moved to send the letter of intent to Pennsylvania Capital City to purchase recycling equipment. Seconded by Mr. Hutchins. Discussion - none.The motion carried 5-0.
Current Obligations
General Fund $ 70,153.54 Escrow Account $ 20,440.65 Sewer System Fund $ 7,712.02
Total Disbursements $ 98,306.21
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Mr. Lockwood made a motion to pay the Current Obligations. Seconded by Mr. Zito. It was noted that the General Fund would be minus a refund check made out to Robert Bolus in the amount of $193.72. The motion carried 5-0.
Other Business
Mr. Lockwood reported that Township Treasurer Pat Eden is working with representatives of the Fundware accounting software used by the Township to develop a Balance Sheet, which will be ready for the next meeting of the Board.
Public Input
Alma I. Ruiz-Smith - reported pot holes at the run-off line on SR 196 and the entrance to the J Section of A Pocono Country Place. She was directed to contact PennDOT.
Joe O’Boyle - asked about any action being taken regarding moving the stop line at the traffic signal at Echo Lake Road and SR 196. There is not enough space for large vehicles to safely make a right turn onto SR 196 going South. He also inquired whether a container for the drop-off of white appliances could be placed at the Road Department for a period of time every month to cut down on illegal dumping. The Supervisors said they would look into it, keeping in mind that there is a cost involved in having freon removed from certain appliances, etc. Mr. O’Boyle also asked about the Lowe’s Conditional Use Application hearing and the location of the property involved in the Rarick Zone Change Request.
Miscellaneous Items for Discussion
Mr. Washenik reported that Senator Mellow called to inform the Board that a $10,000.00 grant is available for use at the Township. It was the decision of the Supervisors that the funds should go towards the storage of recycling equipment.
Mr. Frutchey announced that the Supervisors were extended an invitation to visit and inspect some operating waste water treatment installations using Zenon Membrane filters in various locations, including Toronto, Canada and Atlanta, Georgia, on April 21-22, 2005. Mr. Frutchey asked Solicitor Hanna look into whether it would be appropriate for the Supervisors to accept such an invitation and report back to the Board.
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Board of Supervisors Executive Sessions
Mr. Frutchey announced that an Executive Session was held on March 1, 2005 at 8:05 p.m. re: Personnel, and that there will be an Executive Session this evening re: Pending Litigation and Personnel issues. The meeting will remain open.
The Board of Supervisors adjourned to an Executive Session at 10:25 p.m. The meeting re-opened at 11:25 p.m.
Mr. Frutchey made a motion to appoint H. Clark Connor as Solicitor to represent the Township in matters pertaining to Pocono Ecoindustrial Park, Inc./Pocono Mountains Industries/Lot 26, Pocono Mountains Business Park, Section 2. Seconded by Mr. Lockwood. Discussion - none. The motion carried 5-0.
Mr. Frutchey moved to send a letter to Ken Montalbine acknowledging that his Long Term Disability claim was approved, that the Township was in receipt of his written election not to enroll for COBRA benefits, and that his employment status with Coolbaugh Township ended effective March 1, 2005. Seconded by Mr. Lockwood. Discussion - none.The motion passed 5-0.
Mr. Hutchins made a motion to offer applicant Todd Schollhammer the position of Township Zoning Officer at a pay rate of $17.50 per hour, waiving the 90 day probationary period for purposes of Medical Benefits, not including vision and dental, with employment based upon a satisfactory physical exam and drug testing results and the completion of the 90 day probationary period. Seconded by Mr. Lockwood. Discussion - none. The motion carried 4-1-0 (Mr. Washenik opposed).
Adjournment
With no further business before the Board, Mr. Lockwood moved to adjourn the meeting. Seconded by Mr. Hutchins. The motion carried 5-0. The meeting adjourned at approximately 11:40 p.m.
Respectfully submitted:
Linda Frutchey James H. Frutchey, Jr. Township Secretary Board Chairman |
Revised - 07/03/08 08:07 PM |