Coolbaugh Township

Board of Supervisors

December 20, 2005 - Page 1

The Coolbaugh Township Board of Supervisors, December 20, 2005 Regular Meeting was held in the Township Municipal Center, in building #3, at 5550 Memorial Boulevard, Tobyhanna, Pennsylvania.

Public Hearing - Proposed Amendment to the Coolbaugh Township Code of Ordinances Number 97, Chapter 5, Part 2, Uniform Construction Code

On December 20, 2005 a Public Hearing required by Act 45 was held at 6:30 p.m. at the Coolbaugh Township Municipal Center, in building #3, at 5550 Memorial Boulevard, Tobyhanna, Pennsylvania to consider public comment on the Proposed Amendment to the Coolbaugh Township Code of Ordinances Number 97, Chapter 5, Part 2, Uniform Construction Code (incorporate into the code the following appendices of the 2003 International Fire Code: Appendix A - Board of Appeals; Appendix B - Fire Flow Requirements; Appendix C - Fire Hydrant Locations and Distribution; Appendix D - Fire Apparatus Access Roads; Appendix E - Hazard Categories; Appendix F - Hazard Ranking; and Appendix G - Cryogenic Fluids-Weight and Volume Equivalents). The hearing recessed at 6:40 p.m., resumed at 6:50 p.m. and adjourned at 6:52. p.m.

Call To Order

Mr. Frutchey called the regular 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. Richard R. Lockwood was absent. 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 the December 6, 2005 Regular Meeting Minutes

Mr. Hutchins made a motion to approve the December 6, 2005 Regular Meeting Minutes as presented and dispense with the reading. Seconded by Mr. Zito. Discussion - none. The motion carried 4-0.

Board of Supervisors

December 20, 2005 - Page 2

Plaque from the Coolbaugh Township Historical Association

A plaque presented to the Board by the Historical Association was shown to the Supervisors and audience members.

Presentation of plaques to Richard Lockwood and Gratz Washenik in appreciation for serving as Township Supervisors

Gratz Washenik was presented with a plaque given in appreciation for his service as a Township Supervisor from January 2000 - December 2005. Mr. Washenik thanked the Board and shook the hands of everyone present. Richard R. Lockwood was not present to accept his plaque.

2005 Monthly Reports

Coolbaugh Township Volunteer Fire Company

Mr. Frutchey read the November 2005 Monthly Report for the Coolbaugh Township Volunteer Fire Company (CTVFC) which included 1 structure fire, 3 dwelling fires, 5 automatic fire alarms, 1 brush fire, 2 wires down/pole fires, 12 vehicle accidents/extrications, and 8 miscellaneous calls for a total of 32 calls. A total of 506.73 man hours were expended on the 32 calls and 301.25 man hours were spent on drills and training. $750,000.00 was the estimated dollar value on buildings/vehicles involved in fire and $100.000.00 was an estimated dollar loss due to fire. Mr. Frutchey also announced that Bernie Harrison will be the fire company’s Chief next year.

Monroe County Road Task Force

Mr. Frutchey attended the December 6, 2005 Road Task Force Meeting and reported that discussion centered around complaints about problems with the clearing of snow on PennDOT roadways.

Pocono Mountain Regional Emergency Medical Services

Mr. Zito reported that PMREMS adopted their 2006 budget of 1.227 million dollars. He noted the income and expense projections through November 2005, and added that a sub-committee is working on the bylaws. Mr. Zito also  announced that he resigned as PMREMS Secretary/Treasurer effective December 31, 2005.

Board of Supervisors

December 20, 2005 - Page 3

Pocono Mountain Regional Police Commission

Mr. Frutchey read the summary of the November 2005 PMRPD Monthly Report as follows: 1230 complaints, 94 accidents, 139 criminal arrests, 260 traffic arrests, 184 traffic warnings, 9 ordinance arrests for a total of 1324 calls within the area covered by the regional police, which includes Tobyhanna, Tunkhannock and Coolbaugh Townships and the Borough of Mount Pocono. Mr. Frutchey also pointed out that 267 police hours were not expended in Coolbaugh Township and will be carried over to 2006.

Discussion of representation on the Pocono Mountain Regional Police Commission

At their December 6, 2005 regular meeting, it was suggested that the Board continue a discussion at this meeting regarding the number of Supervisor and citizen representatives appointed to the Pocono Mountain Regional Police Commission. Before the Board was a fully executed copy of the “Agreement On Pocono Mountain Regional Police”, approved on November 19, 1996.

Discussion followed. Mr. Zito requested that the Agenda item for PMRP Commission appointments at the January 3, 2006 Re-organizational Meeting be left as three (3) appointments. Further discussion followed about the benefits of having two Supervisor representatives on the commission.

Minor Subdivision to join lots 7, 8, 12 to 14, Block A-84, Section 13, Arrowhead Lakes - Property Owners - Steve and Sandra Tagert

Mr. Frutchey moved to approve the Minor Subdivision to join lots 7, 8, 12 to 14, Block A-84, Section 13, Arrowhead Lakes - Property Owners - Steve and Sandra Tagert. Seconded by Mr. Hutchins. Discussion followed in which it was confirmed that the “no driveway” statement was on the plan. The motion carried 4-0.

Minor Subdivision to join lots 50, 51, 52 & 53, Block 36, Section 8, Arrowhead Lakes - Property Owner - Harmon Gordon

Mr. Hutchins made a motion to approve the Minor Subdivision to join lots 50, 51, 52 & 53, Block 36, Section 8, Arrowhead Lakes - Property Owner - Harmon Gordon. Seconded by Mr. Zito. Discussion - none. The motion passed 4-0.

Board of Supervisors

December 20, 2005 - Page 4

Minor Subdivision to join lots 794 & 795, Section K, A Pocono Country Place - Property Owners - Guillermo & Elizabeth Lagos

Mr. Washenik moved to approve the Minor Subdivision to join lots 794 & 795, Section K, A Pocono Country Place - Property Owners - Guillermo & Elizabeth Lagos. Seconded by Mr. Hutchins. A brief discussion followed regarding the appearance of the lot. The motion carried 4-0.

Minor Subdivision to join lots 229 & 230, Section L, A Pocono Country Place - Property Owner -  Jacqueline Monique Birkhoff

Mr. Zito made a motion to approve the Minor Subdivision to join lots 229 & 230, Section L, A Pocono Country Place - Property Owner -  Jacqueline Monique Birkhoff. Discussion - none. The motion passed 4-0.

Extension requests:

Pocono Mountains Industries Minor Subdivision

Before the Board was a letter dated December 14, 2005 from Charles Leonard, Executive Director of Pocono Mountains Industries requesting an extension on the above referenced Minor Subdivision Plan until February 21, 2006.

Mr. Hutchins moved to grant an extension on the Pocono Mountains Industries Minor Subdivision until February 21, 2006, per the applicant’s request. Seconded by Mr. Zito. Discussion - none. The motion passed 4-0.

Lowe’s Home Center, Inc./Pocono Star Properties, L.P. Lot  Consolidation Plan

Mr. Zito made a motion to grant the request for an extension on the Lowe’s Home Center, Inc./Pocono Star Properties, L.P. Lot  Consolidation Plan until February 1, 2006, per the Planning Commission’s recommendation. Seconded by Mr. Frutchey. Discussion - none. The motion carried 4-0.

Lowe’s Home Improvement Warehouse Preliminary Land Development Plan

Mr. Frutchey moved to grant the request for an extension on the Lowe’s Home Improvement Warehouse Preliminary Land Development Plan until February 1, 2006, per the Planning Commission’s recommendation. Seconded by Mr. Frutchey. Discussion followed about a Zoning Hearing Board variance related to the project. The motion carried 4-0.

Board of Supervisors

December 20, 2005 - Page 5

Adoption of Proposed Amendment to the Coolbaugh Township Code of Ordinances Number 97, Chapter 5, Part 2, Uniform Construction Code

Mr. Frutchey made a motion to adopt the Proposed Amendment to the Coolbaugh Township Code of Ordinances Number 97, Chapter 5, Part 2, Uniform Construction Code. Seconded by Mr. Hutchins. Discussion - none. The motion passed 4-0.

Request to use ground floor lobby area of Building #2 re: Girl Scout Cookie Sale

Mr. Hutchins moved to approve the request by Girl Scout Troop 206 to use the ground floor lobby area in front of the elevator in Building #2 for their Girl Scout Cookie Sale. Seconded by Mr. Frutchey. A lengthy discussion ensued over whether the requested area is large enough, whether there would be enough foot traffic there, etc.

Mr. Hutchins amended his motion and moved to approve the request by Girl Scout Troop 206 to use the ground floor lobby area in front of the elevator in Building #2 for the first two weekends of their Girl Scout Cookie Sale. The amended motion was seconded by Mr. Frutchey. Discussion - none. The motion passed 4-0.

Resignation of Lynn Kelly from the Coolbaugh Township Board of Auditors

Mr. Zito moved to accept with regret Lynn Kelly’s resignation from the Coolbaugh Township Board of Auditors, effective December 31, 2005, but was happy to have her join the Board of Supervisors in 2006. Seconded by Mr. Hutchins. Discussion - none. The motion carried 4-0.

Resignation of Donn Norton from the Public Works Department

Mr. Hutchins made a motion to accept the resignation of Donn Norton from the Department of Public Works, effective December 6, 2005. Seconded by Mr. Frutchey. Discussion - none. The motion passed 4-0.

Authorization to advertise Re-Organizational Meetings of Boards, Council  and Commissions

Mr. Frutchey moved to authorize the advertisement of the Re-Organizational Meetings of Boards, Council  and Commissions. Seconded by Mr. Hutchins. Discussion - it was announced that the Parks & Recreation Commission will change their meeting time to 7:00 p.m. The motion carried 4-0.

Board of Supervisors

December 20, 2005 - Page 6

Commercial Lease Agreement between the County of Monroe and Coolbaugh Township Board of Supervisors regarding space currently occupied by District Justice 43-3-01

Before the Board was a letter dated December 8, 2005 from Deborah Krom Powell, Magisterial Judge Court Administrator sent in response to the Township’s lease renewal offer of October 5, 2005. Discussion followed about the County’s counter offer.

Mr. Frutchey made a motion to write a letter to the County Commissioners advising them that the space will be painted upon their agreement to the terms outlined in the Township’s lease renewal offer dated October 5, 2005. Seconded by Mr. Hutchins. It was the consensus of the Supervisors that the court must vacate the space by December 31, 2005 if they do not accept the new agreement.

Further discussion followed in which it was also determined that the Board will not entertain an extension in the form of a month-to-month lease. The motion passed 4-0.

Taxpayers William and Susan Myer’s request for a refund of $260.62 due to being in LERTA for 2004

Mr. Hutchins moved to approve taxpayers William and Susan Myer’s request for a refund of $260.62 due to being in LERTA for 2004. Seconded by Mr. Frutchey.

A brief discussion followed regarding the refund being for their company Geometric, the LERTA tax abatement program, etc. The motion passed 4-0.

Current Obligations

General Fund                                                             -                       $102,594.92

Sewer Fund                                                                           -                      $  19,646.95

                                                                                                            Total Disbursements            -                      $122,241.87

Mr. Frutchey moved to pay the Current Obligations in the amount of $122,241.87. Seconded by Mr. Hutchins. A brief discussion followed. The motion carried 4-0.

Board of Supervisors

December 20, 2005 - Page 7

Other Business

Public Notice regarding modifications to portions of the wastewater treatment system - PENNVEST funding

Mr. Frutchey made a motion to advertise the Public Notice regarding modifications to portions of the wastewater treatment system - PENNVEST funding. Seconded by Mr. Hutchins.

Discussion followed regarding changes to the above referenced Public Notice advertisement, the quarterly sewer user rate and consideration being given to raising the commercial sewer rate, etc. It was the consensus of the Supervisors that this matter will be discussed at a future meeting and that Dave Kavitski of BCM Engineers should be contacted for his recommendations to assist with the discussion. The motion carried 4-0.

Wiley Property Survey

Mr. Washenik asked when the Wiley Property survey and description will be completed by Martin & Robbins. Mrs. Frutchey was directed to contact Mark Robbins about the time frame and get back to the Board. Public comment was heard from Clare Colgan.

Public Input

Werner Frank - brought up the matter of the Inter-Municipal Agreement and the Regional Comprehensive Plan. Discussion followed.

Clare Colgan - commented that the snow plowing on Lakeside Drive was better. She also reported that there is a house on Mill Street, where the residents are clearing their driveway and putting piles of snow in the roadway causing a nuisance for the public.

Comments regarding the issues brought up by Ms. Colgan were heard from Joe O’Boyle and discussion followed regarding contacting Pocono Mountain Regional Police when there are piles of snow deposited on the roads.