Coolbaugh Township

Board of Supervisors

April 5, 2005 - Page 1        

The Coolbaugh Township Board of Supervisors April 5, 2005 Regular Meeting was held in the Township Municipal Center, in building #3, at 5550 Memorial Boulevard, Tobyhanna, Pennsylvania.

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, Gratz Washenik and Robert M. Zito.   Supervisor Richard R. Lockwood was absent from the meeting. 

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 Minutes

Mr. Hutchins made a motion to approve the March 15, 2005 Minutes and dispense with the reading.  Seconded by Mr. Frutchey.  Discussion - Mr. Washenik asked that the word “enough” be removed and replaced with the word “any” on page 3, second paragraph, BCM Engineer’s Act 537/SEJ Planning Module, as he and Mr. Zito did not have “any” time to read the Proposal.  No objection was heard to the change.  The motion carried 4-0.

Committee Reports:

Pocono Mountain Regional Emergency Services

Mr. Zito reported that the PMREMS meeting was held on March 19, 2005 at Tobyhanna Township. For the first two months of 2005, income came in at approximately $139,000.00 and expenses at $165, 000 with a deficit of $26,000.00. Subscription income generally comes in around May, when it is expected that things

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will start to balance out. The next PMREMS meeting will be held on April 16, 2005 at Tobyhanna Township.

Blue Ribbon Task Force

Mr. Washenik attended the Tobyhanna Army Depot Blue Ribbon Task Force meeting on Wednesday, March 30, 2005 in Pittston. Discussion followed regarding the Base Realignment Closure Committee (BRAC), recently selected by Congress, the history of military installations in the U.S., previous closings, etc. It was noted that the Blue Ribbon Task Force has raised $260,000.00 to work on saving the depot. Mr. Washenik also reported that BRAC is entering a crucial period as the initial Base Closure List will be released by May 16, 2005. Public comment was heard from Walt McGrath.

Joseph Meno will be present to discuss his concerns regarding the Bolus Property

Joseph Meno was present to discuss the above referenced matter. Discussion followed regarding the cancellation of the Zoning Hearing Board hearing, questions associated with existing use or new business, permits, problems with signage, lighting, spreading of stone, the presence of a porta-potty, big trailers, diesel fumes, back-up beepers sounding off through the night, burning, etc. It was Solicitor Hanna’s recommendation that Township Engineer Russ Kresge and SEO/Alternate Zoning Officer Tim Kresge meet to discuss all of the issues, and if needed, the Township would call in the Menos.                       

Request for an extension - Pocono Mountain Industries Minor Subdivision

Mr. Washenik moved to grant an extension until June 21, 2005 on the Pocono Mountain Industries Minor Subdivision for the lands east of SR 196. Seconded by Mr. Zito. Discussion - none. The motion carried 4-0.

Route 196 Storage Buildings Land Development Plan

Lou Cozza of Niclaus Engineering and James Fondi were present on behalf of the above referenced Land Development Plan.  Mr. Cozza presented an overview of the proposed project, which would include self storage units, a walk-up ice cream stand and a small office.  The project includes a 19.5 acre parcel of land across from the main entrance to A Pocono Country Place and adjacent to Pocono Heights Road. 

A lenghty discussion followed regarding comments in Township Engineer Russ Kresge’s March 8 and April 4, 2005 letters. The Supervisors expressed concerns for the safety of children, State Route 196 needs to be widened because of the maneuverability of tractor

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trailers and fire trucks, traffic congestion, the speed of vehicles traveling in the area, the PennDOT Highway Occupancy Permits not being issued for the proposed accesses to the development, as well as the necessity for an agreement for the construction and maintenance of the traffic signal, etc. The meeting room was crowded with Township residents who came to protest the proposed development mainly due to safety issues with small children, etc. Public input was heard throughout the meeting from Dan Ferguson, Ronnie Frank, Carl Silverstein, Jerry Teicher, Alma Ruiz-Smith, Kathy Rodriguez, Werner Frank, Mary Nachtigal, Isaac Nachtigal and Winifred Jennings. 

a)         Request for a waiver of §403.D(21)(f) and §502.34 of the Subdivision and Land Development Ordinance (SALDO),

A lengthy discussion followed about the above referenced waiver request requiring clear sight triangles at the intersections of the proposed driveways with SR 196.  

Mr. Hutchins motioned as per the Planning Commission recommendation to grant the waiver request for  §403.D(21)(f) and §502.34 of the Subdivision and Land Development Ordinance (SALDO).  Seconded by Mr. Frutchey.  A lengthy discussion followed.  The motion did not carry because it was the consensus of the Supervisors that they needed more facts before it could be re-considered.

b)        Request for a waiver of §502.37E, §505.3C(3)(b) and §602.5I of the SALDO

A lengthy discussion followed about the above referenced waiver request requiring that the proposed location of the westerly access to the office parking area be separated from the intersection with SR 196 by a minimum of 200 feet and that the intersection of the proposed driveway and SR 196 is proposed to be signalized, the proposed westerly access drive is proposed to be one way.  The Planning Commission recommended to grant the waiver request; however, it was the opinion of the Supervisors to wait until they hear from PennDOT about the Highway Occupancy Permit, as well as an agreement for the construction and maintenance of the traffic signal.

Mr. Hutchins moved to table action at this time on this waiver request.  Seconded by Mr. Zito.  The motion carried 3-1-0 (Mr. Washenik opposed).

c)         Request for a waiver from the Board of Supervisors of Ordinance #65B - Stormwater Management Ordinance, Appendix E, §2.3A(6).

A lengthy discussion followed relating to Township Engineer Russ Kresge’s letter of April 4, 2005 advising that revised plans had been received to indicate that the bottom of the detention basin will be sloped from the inlets to the bio-retention area at the outlet, which appears to conform to the requirement of the Ordinance, to the maximum extent feasible,

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while meeting the current PA DEP water quality requirement. Discussion followed about a Development Agreement being required for the installation of the storm sewer line within Pocono Heights Road and for the maintenance of the stormwater facilities.   Mr. Cozza explained that the Road Foreman has gotten a letter giving the Township permission to install drainage conduits and pipes along Little Billy Lane.  Discussion followed about this drainage work being a benefit to A Pocono Country Place.  It was the consensus of the Supervisors to table action at this time as they wanted to review the letter of permission to install the storm sewer line.

Mr. Hutchins moved to table at this time the request for a waiver Ordinance #65B - Stormwater Management Ordinance, Appendix E, §2.3A(6).  Seconded by Mr. Zito.  The motion carried 4-0.

d)        Township Solicitor’s input regarding Township Engineer’s comment #3,  §403D(24)(d) of the SALDO.

Solicitor Hanna said he was satisfied with the language in General Note Number 21 on Sheet 1, pertaining to the proposed detention basin easement, and the related note on Sheet 2.  Discussion followed about changing the wording to reflect Coolbaugh Township (not Tobyhanna Township).

Discussion ensued on the outstanding issues that need to be resolved and are as follows: a Township Improvements Agreement with suitable financial guarantee, an Agreement for the construction and maintenance of the traffic signal and intersection improvements, an Agreement for the installation of the storm sewer line within Pocono Heights Road.  An Agreement for the construction and maintenance of the stormwater facilities.  The aforementioned waiver requests.

Request for a waiver of §403.D(21)(f) and §502.34 of the Subdivision and Land Development Ordinance

The Supervisors went back to the request for a waiver of §403.D(21)(f) and §502.34 of the Subdivision and Land Development Ordinance and went into a lengthy discussion about the above referenced waiver request requiring clear sight triangles at the intersections of the proposed driveways with SR 196.  The Supervisors and Mr. Cozza went over the plan and discussed moving parking spaces in order to get a better clear sight.  Mr. Cozza said he would re-do the plan and get it to the Township Engineer for his input.

Time Extension

Mr. Frutchey motioned to grant an extension until Tuesday, June 7, 2005.  Seconded by Mr. Hutchins.  Discussion - Solicitor Hanna asked that the extension request be put in writing.  Mr. Cozza agreed to fax in a letter of request in the morning.  The motion carried 4-0.

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Minor Subdivision joining lots 2 & 3, Block A-2103, Section 21, Arrowhead Lake, Property Owners - Stephen & Frances Podlesney

Mr. Hutchins made a motion to approve the Minor Subdivision joining lots 2 & 3, Block A-2103, Section 21, Arrowhead Lake, Property Owners - Stephen & Frances Podlesney. Seconded by Mr. Zito. Discussion - none. The motion carried 4-0.

Minor Subdivision joining lots 748 & 749 , Section K, A Pocono Country Place, - Property Owner  - James H. Dennis, Jr.

Mr. Zito moved to approve the Minor Subdivision joining lots 748 & 749 , Section K, A Pocono Country Place, - Property Owner  - James H. Dennis, Jr. Seconded by Mr. Washenik. Discussion - none. The motion carried 4-0

Minor Subdivision joining lots 511, 523, 524 & 600, Section K, A Pocono Country Place, - Property Owners - Ludwik & Malgorzata Lorens

Mr. Hutchins made a motion to approve the Minor Subdivision joining lots 511, 523, 524 & 600, Section K, A Pocono Country Place, - Property Owners - Ludwik & Malgorzata Lorens. Seconded by Mr. Washenik. Discussion followed regarding the plan showing an existing dwelling that is to be razed. Mr. Hutchins amended his motion to approve the Minor Subdivision with the condition that a note be put on the plan stating that the existing dwelling on Lot 524 is to be razed. Seconded by Mr. Washenik. Public comment was heard from Cliff Otto. The motion passed 4-0.

Coolbaugh Soccer Association (CSA) request to use field at Township Park

Discussion followed regarding the above referenced request. It was noted that the Pocono Mountain Youth Soccer Association (PMYSA) was given prior approval, etc. Mr. Hutchins made a motion to approve the Coolbaugh Soccer Association’s request to use the field at the Township Park from June through August with the condition that a courtesy call is made to the PMYSA to make sure the dates of both teams do not conflict and that CSA provides a Certificate of Insurance. Seconded by Mr. Zito. The motion carried 4-0.

Stephen Ferraioli’s request to utilize the Township Municipal Park for picnics for Coolbaugh Elementary Center students

Before the Board was a letter dated March 22, 2005 from Steve Ferraioli, Principal of the Coolbaugh Elementary Center requesting the use of the Township Park for end-of-the-year student picnics during the period of May 31 - June 8. Mr. Washenik moved to approve Stephen Ferraioli’s request to utilize the Township Municipal Park for picnics for Coolbaugh Elementary Center students, per the dates in his letter and with the stipulation that a

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security deposit be collected. The deposit will be returned after it is determined that the park was left in good order. Seconded by Mr. Zito. Discussion followed regarding the need for a Certificate of Insurance. Public comment was heard from Nancy Smith Knecht who said she enjoys hearing all the children playing at the park. The motion carried 4-0.

Billboard signs at State Route 435 / 507 Intersection

Discussion followed regarding billboards posted on PennDOT property at the intersection of SR 435 and 507. Mr. Washenik moved to send a letter to PennDOT to request that they remove any billboards that are on PennDOT property without their permission. Seconded by Mr. Zito. Discussion - none. The motion passed 4-0.

Proposal for a Phase I Environmental Assessment at the 281 acre parcel of land owned by Hoodak that is located off Route 196

Before the Board was a proposal in the amount of $1,400.00 from MEA INC. of Bangor, PA for a Phase I Environmental Assessment at the above referenced location. It was pointed out that the assessment is required by the County. Mr. Hutchins made a motion to approve Proposal #05-591 from MEA INC. of Bangor, PA in the amount of $1,400.00 for a Phase I Environmental Assessment at the 281 acre parcel of land owned by Hoodak, located off Route 196. Seconded by Mr. Frutchey. Discussion - none. The motion carried 3-0-1 (Mr. Washenik abstained due to his involvement with this Open Space project).

Proposals to clear site land behind the Salt Storage Building

Quotations to clear the designated site behind the Salt Storage Building were received from Out on a Limb Tree Service of Saylorsburg, PA in the amount $4,000.00, Titan Tree Service of Olyphant, PA in the amount of $6,000.00. and Largeon Logging of Zion Grove, PA who will do the job for the logs. Jaflo, Inc. of Orefield, PA withdrew their proposal.

Mr. Hutchins moved to approve Largeon Logging to cut, chip and haul away the logs to clear the site land behind the Salt Storage Shed in return for the logs. Seconded by Mr. Washenik who questioned whether a Performance Bond should be required. Discussion ensued regarding why the site had to be cleared, etc. Public comment was heard from Jerry Teicher and Isaac Nachtigal. The motion carried 3-1-0 (Mr. Washenik opposed).

Authorization to sign the Coolbaugh Township Recycling Program Grant Agreement

Before the Board was a letter from the PA DEP regarding the approval of an Act 902 Recycling Development and Implementation Grant for Coolbaugh Township in the amount of $410,636.00. Mr. Frutchey moved to authorize the signing of the Coolbaugh Township

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Recycling Program #902-059-05 Grant Agreement. Seconded by Mr. Hutchins. The subject of the clearing of land behind the Salt Storage Shed was reintroduced into discussion. The motion carried 4-0.

Proposed Resolutions for consideration at the 2005 PSATS State Convention

Mr. Washenik made a motion to grant the Township’s voting delegate, Bob Zito, the authority to vote on the proposed 2005 PSATS Resolutions at the State Convention. Seconded by Mr. Hutchins, who said he will give his suggestions to Mr. Zito before the convention. The motion carried 3-0-1 (Mr. Zito abstained).

Rosemary Llinas’s request for a refund of $250.00 for Sewage Permit due to the lot never being sold to her

Before the Board was a memo from Township SEO Tim Kresge recommending that the Supervisors refund Rosemary Llinas’s request for a refund of $250.00 for a Sewage Permit, due to the lot never being sold to her. Mr. Hutchins moved, on the recommendation of the SEO, to grant Rosemary Llinas’s request for a refund of $250.00. Seconded by Mr. Frutchey. Discussion followed regarding Township costs in the matter, etc. Mr. Hutchins amended his motion and moved to grant a refund of $200.00 to Rosemary Llinas, with $50.00 going towards Township costs. Seconded by Mr. Frutchey. Further discussion ensued in which Mr. Washenik asked if the Township would be starting something by approving refunds in such matters. The motion was subsequently rescinded.

Authorization to release Budgeted Donations

Monroe County Arts Council - $350.00

Kettle Creek Environmental Fund - $500.00

Thornhurst Volunteer Fire & Rescue Co. Auxiliary Committee- $250.00

Mr. Zito moved to released the budgeted donations for the Monroe County Arts Council in the amount of $350.00,  Kettle Creek Environmental Fund in the amount of $500.00 and Thornhurst Volunteer Fire & Rescue Co. Auxiliary Committee in the amount of $250.00. Seconded by Mr. Hutchins. Discussion followed regarding the submission of Project Support Forms by organizations requesting donations, that Thornhurst had sent theirs in, etc. The motion was rescinded and it was determined that upon receipt of the Project Support Form from Kettle Creek and the Monroe County Arts Council, their monies can be released.

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Mr. Zito moved to release the $250.00 donation to the Thornhurst Volunteer Fire & Rescue Co. Auxiliary Committee. Seconded by Mr. Hutchins. Discussion - Mrs. Frutchey was directed to call the Monroe Country Arts Council to clarify their name change. The motion passed 4-0. 

Grant - Building Number 2 - Office Renovations

Before the Board was a memo from Dagmaris Cabezas, CTCP Director advising that the Community Development Block Grant for $30,000.00 was awarded to the Township, $20,000.00 for the construction needed to set up the incubator and $10,000.00 for handicap accessible construction; the space configuration can be changed to the other building; we would have to submit a new cost estimate and drawings; Township labor can be used. If we only use Township labor, we can use all the grant funds for the purchase of materials. We can also use the funds for the heating system with the stipulation that Bacon Davis wages are used when we go out to bid.  Discussion followed about whether we have to wait to get the grant monies before we start working at the site.  It was the consensus of the board members that we would talk to Ray Guernsey at the County Redevelopment Authority to see if we have to wait until receipt of the monies. Mr. Frutchey said that the Township Engineer would be contacting an engineering firm for recommendations regarding our present heating system. It was the consensus of the board to discuss the matter at their next Work Session.

Authorization to hire temporary seasonal employees for the Public Works Department

Before the Board was a list of applicants for the above referenced positions with the DPW. Mr. Washenik moved to hire John Knecht and Walter Van Hess right away for 35 hours per week at a rate of $7.20 per hour up to $7.75. Seconded for discussion by Mr. Hutchins.  Discussion followed about paying Mr. Knecht at the higher rate, as he has been a seasonal employee for the past several years.  Facility Manager Wayne Regan should hire additional people as needed, for approximately 35 hours a week, as long as it is in the Budget, that more mature employees should be at the Township Park at night, adjusting schedules for the night duty, etc. The motion carried 4-0.

Authorization to advertise for a CDL employee for the Public Works Department

Mr. Hutchins moved to authorize the advertisement for a CDL employee for the Public Works Department. Seconded by Mr. Frutchey, as per the ad. Discussion - Public input was heard from Joe O’Boyle. The motion carried 4-0.

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Current Obligations

General Fund                                     $ 145,669.51

Escrow Account Fund          $   26,348.11

Sewer System Fund             $     7,257.35            

Total Disbursements            $179,274.97

Mr. Frutchey made a motion to approve the Current Obligations. Seconded by Mr. Hutchins. Discussion followed regarding the need for more detailed records on the Township’s Platinum Plus business VISA credit card. Mrs. Frutchey was directed to take care of the matter. The motion carried 4-0.

Other Business

·                      Mr. Frutchey announced that he saw Thomas and Kathleen Cardaci and their children of Parlin, NJ and Lot 9 Greenwood Court, Tobyhanna, picking up the trash on Laurel Drive.  Mr. Cardaci explained that he was teaching his children the importance of living in a community and helping to make it look nice. It was the consensus of the Supervisors that the Township should prepare a Certificate of Appreciation for the family. Mr. Washenik said he will get the names of the children.

·                      Mr. Frutchey reported that he and his son (Emergency Management Coordinators) were out on Saturday, April 2, 2005, asking people in the Pocono Forest development to evacuate due to flooding conditions.

·                      It was announced that the Pocono Mountain School Board would be discussing the redistricting of the regions for the election of the school board members at their meeting on Wednesday, April 6, 2005 at 7:00 p.m. Discussion ensued about the option of having three districts in the Pocono Mountain area. Public comment was heard from Walt McGrath and Lynn Kelly.

·                      It was announced that an American Red Cross vehicle would be parked in the Coolbaugh Township Volunteer Fire Company parking lot on Laurel Drive, starting on Wednesday, April 6, 2005 for seven days from 1:15 - 2:00 p.m., to hand out Clean Up Kits to residents who experienced flooding problems during the storm over the weekend of April 1-3.

·                      Mr. Washenik noted that there may be the need to advertise a change of date for the upcoming meeting of the Environmental Advisory Council (EAC).

·                      It was announced that the Coolbaugh Township “Council of Communities” next meeting will be held on Wednesday, April 13, 2005 at 7:00 p.m.

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·                      It was announced that the next Pocono Mountain Regional Police Meeting would be held on Tuesday, April 12, 2005 at 7:00 p.m.

·                      Before the Board was a memo from Township Secretary Linda Frutchey and Treasurer Pat Eden, requesting that the Supervisors consider granting an exception to the March 31^st cutoff date for use of their leftover leave time (from 2004) until May 6, 2005. Mr. Washenik made a motion to extend the cut-off date of March 31, 2005 until May 6, 2005 for use of extra vacation hours by Linda Frutchey and Pat Eden. Seconded by Mr. Hutchins. The motion carried 3-0-1 (Mr. Frutchey abstained).

·                      Mr. Washenik made a motion to authorize Robert Zito to work up to 30 hours a week at set hours as a Working Supervisor to do financial work and financial preparation assisting the Secretary and Treasurer with the jobs outlined in Mr. Zito’s  proposal, for a period beginning May 1^st to December 31^st, 2005, at the pay rate of $21.00 per hour set by the Board of Auditors and with no employee benefits. Seconded by Mr. Frutchey. Discussion followed. Mr. Frutchey made it clear that this was not any reflection on our Township Treasurer Patrician Eden.  Public comment was heard from Alma I. Ruiz-Smith, Daniel Ferguson, Dagmaris Cabezas and Lynn Kelly. The motion passed 3-0-1 (Mr. Zito abstained).

·                      Mr. Hutchins moved to hire Jim Frutchey to work up to 20 hours per week on projects assigned by the Supervisors at the pay rate of $21.00 set by the Township’s Board of Auditors. Seconded by Mr. Zito. Discussion - Mr. Hutchins noted that Mr. Frutchey has spent countless hours working on behalf of the Township plowing snow and doing other work this winter without charge. Mr. Frutchey’s expertise in electrical wiring will be put to use for “Coolbaugh Celebrates”, rather than hiring an outside contractor to do the work, which will be a savings to the Township, etc. Public comment was heard from Dagmaris Cabezas, regarding Mr. Frutchey’s assistance with the Community Partnership. The motion carried 3-0-1 (Mr. Frutchey abstained).

·                      Mr. Frutchey made a motion to hire Gratz Washenik to work up to 20 hours per week on projects designated by the Supervisors at the pay rate of $21.00 set by the Township’s Board of Auditors. Mr. Washenik declined the assignment of work hours. No second was heard and no vote was taken.

·                      Mr. Frutchey made a motion to hire Bob Hutchins to work on projects designated by the Board of Supervisors and as Road Master for up to 20 hours per week at the pay rate of $21.00 set by the Township’s Board of Auditors. Seconded by Mr. Washenik. The motion passed 3-0-1 (Mr. Hutchins abstained).